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<S K 3H'oQ-
HARVARD
COLLEGE
LIBRARY
THE DAMATHAT,
o|(
THE LAWS OF MENOO,
I
t
. . .V > : t < ,
in.\NM,.\ii:n i iiom hh,
BURMESE.
BV
n. RIC:ilARDMO\, Ev^Q.
r ■ r- >•• '.iiir'":" !h* fominir-rnjrr Irntr.TTJm FrOT:ac«»
XIV VOLS
L'.:irir.n- in one.
MAILMALN :
■ M.KP \N HAP I Ml MISM'»N IKE'sb
1M7.
>
.■*
THE DAMATHAT,
OK
TIIJK l^AWS OF MENOO,
TRANM,ATi:n I IIOM i HI.
BURMESE.
BY
D. RICllARDMON^ ESQ.
T: . ./.fa; >';i:tani't« th* Oimnir-tionri Irntrscrim Frovmccs.
XIV VOLS
CCMTLrrL IN CN'E.
MAILMAIX:
1S47.
THE DAMATHAT,
o|(
TJIK LAWS OF MENOO,
.'. i <- y ,' < c ,
TR.\>srATi:n i ii«»m ihl
BURMESE.
r r-
BV
P. Rir;ilARDMO.\, E!IQ.
>• '111*'" th« C ♦^mii.i: r'.rr l^ni-.-.tir.i Frovi.iCM
XIV VOLS
;iririi. in ont.
MAILMAI.N:
' liKI- \\ HAPIMI MIN>1'»N IKES*
1««17.
d
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LAWS OP MENOO.
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FIRST VOLUME
OF THE GREAT WORK OF MENOO,
/ worship the god who is wcrtky of homage : who posstesses an tntu-
iiive knowledge of good.
I win record the traditions from the foundatioii of this world,
eoomiencing with king Maha-Thamada. The twelve decisions
K'xen bj the Cowherd of his own accord — the seven after he had
sen made a noble and a judge by King Maha Thamada, and his
mslake— of llie same nobleman becoming a recluse and getting the
book of the laws by heart, copying them on golden palm leaf, and
preseattng them to King Maha Thamada, the origin of the laws of
Meooo.
In the Melinda peynea it is recorded that the present Badda world
came into existence afler (previously existing worlds) had been seven
limes destroyed by fire, and once by water. When this dwelling
p(ac€ of animals was about to come into existence, the waters de-
creased, the dwellings of the Bymahas that had been destroyed, be-
ginning with the highest according to their order, and the four coun-
tries of the Nats, rose forth. After this the waters continued to de-
crease, till they reached the place where this world of earth was to
aisvme existence, the wind having confined the waters as water is
coofined in a wine-taster when the end is closed. A (portiim of
•oneching) with an excellent taste and smell, like the food of the
Nat<», in appearance like the soft skin which forms on the top of
boiled milk with which no water has been mixed, in form like a
loCM leaf, came into existence on the surface of tlie water. After
tkm appeared the earth, where the god was to manifest hims<elf
The site of the Bodi tree first of all came into existence ; and when
tbe world is destroyed it will be the last to disappear. On this earth
a small padungma lotus, an omen of what was to come, sprung up.
la any world in which no god is to appear, this lotUH docfv not (low-
er ; bat in worlds in which gods will appear, it bears flowers equal
10 number to the number of gcHls who arc to come. By this the
great Bymahas know whether it will be a Thara, a Marida, a Wnrra,
a Warr»»Thara->Manda, or a Badda Kap.
In a world in i%hich a god is to appear, the Bymahas take the
eight meiisila of a priest which are in the lotuf, and Bymahas wh.>:iG
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5
lerm of life is ended, or whose stock of merit (in that state) is ex-
hiuftled, baring died, appear in the country of men at once, in per-
fect form. These people, by the mere resplendent effulgence of
their bodies, are lighted as in the Bymaha country, and by their hap-
pioess alone their appetite for food is satisfied. Like birds flying in
the eipan«e of the heavens, they enjoy themselves. There is no
sifn of iran or woman, no developement of the sexual organs amongst
tbem. They are called generally " beings." When these beings
pQt forth strength to eat the flavoured earth, the effulgence of their
bcidies was extinguished ; but either by their power, or because it had
soifcjrmly been so, the sun, with an interior entirely of gold and an
etterior of glass, fifty yeuzenas in diameter and one hundred and fif-
ty in circamfereoce, called Banoo Yadza, which has one thousand
colort Of rays, on Sunday the full moon of Taboung, rose on the
tap f*f the centre hill of the eastern island, and it became light The
periple by this havinggotrid of their fears, and become courageous,
called it (the son) Thoorea. When this King of Day had gone
nmud for thirty hours, he was concealed behind the Eugando hill,
and it became quite dark. These original people of the world all
wished for some kind of light ; and the moon, with an interior en-
tirely of rubies and an exterior of silver, forty-nine yeuzenas in dia-
meter and one hundred and forty-seven in circumference, shining
• ith !*erene radiance, with the twenty-seven con^lellalions, and the
father ftar« surrounding them, mode their appearance in Kan-Ya-
thee (the zodiacal sign of Tabouufj) in the East, riding on the con-
ftellatKHi llathada of thirteen stars. The first people were all de-
(tghtrd, and as they had got (the ninon) acc(»rding to their desire,
ttw'T called it Ti»anda. Thus the sun and moon were made maiii-
fr*t. The hill of Meng-M*hau That-tara-baii (the seven surround-
in;' hi!l#.) Theeda'(thc rivers between,) the four oceans, four large
i^tnd«. the two thousand small ones, the llymawonla forest, the
ffeii riters and lakes, and the pillars of this tset-kyea world, by the
fc.rce of nature, not one after another, but all at once, on Sunday
the full nui«»n ofTalM)uni», came into existence. From this time,
^11*. mi»fith«. ychrs and .Heas4»iis becunic manifest. At this lime the
'C.^tnal inhabitants 4»f the world all eat the pleasant flavored tarlh.
Si<i»e iniong*t them became handsome, and some ill-favored. The
liia<Jfr»ni^ beha%ed ^ith in.«*iillinjT haufihtiness tnihe ill-favored. Ilav-
mir4\Mi the lUvored earth lor a long lime, the pn?sir.n«< of covetous-
•««• and enmity t«K»k p<»?«.se«»ion of them, and the flakey earth disap*
^ved When this had gone, a creeper, called padalatha, perfect
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00^1 SSos^n^f S|33§f)§^t^l OQoltcaoooj^^oa^n^^I^KXCCCrfll
la toiell and flavor, was produced ; and when in the same way (by
tol paaatont) it was lost, thalay rice, without a husk, which was
alsQ perfect in smell and flavor, was produced. At this time the
people took al night the food for the night, in the morning they ga-
thered Uie food for the morning, and there was no mark of where it
had been taken from ; the same quantity came again in its place.
Wkett tbis Ibalay rice was put in a stone cup, without any apparent
caiiae» flames came and it was cooked. In appearance it was like
tbe flower of jasmine. Fruit, meats, and other kinds of food came
accordiof to ibe people's taste.
Tbe first kind of food, like the food of the Nats, appeased hunger,
mi aibrded noorishroent to the body ; and being of a mild nature,
ao eseremeiii was formed ; but when they came to eat the thalay
rice, it being a coarse substance, the pa^^sages for the urine and
foces were formed ; tbe male and female sexual organs were deve-
kped, and tbe male and female sexes became evident in all. Then
tbe Bules fooked on the females, the females on the males, and thus
seinal desires inflamed all, and sexual intercourse took place univer-
«ily. Wise men reviled and opposed these degrading practices.
To be free from this, and to conceal their bad deeds, they built
bouses, lived vitbin enclosures, and, following each other's example,
•eeared a supply of food. On their doing this, coarse and find
blinks came on the rice, and it did not spring up again where it had
ent from. Seeing this, the original inhabitants of the world
** In former times we were satisfied by our state of Zan ; hap-
piaeM was our only food, and the resplendence of our bodies our
only light. We flew in the expanse of heaven. Then, we cat of
tbe flavored flakes of the earth and the padalata creeper. This food
on accoani of our bad deeds disappeared,, and afler this the thalay
nee, of its own accord, (without our labor,) was produced ; and now
tbe tbalay rice, by reason of our securing the morning and evening
meal at once, does not spring up to replace what has been taken ;
bnt cmly in patches." So they consulted together that it would be
good to give each a share and mark it off; and they did so. Af\er
a lo68e fellow, fearing bis own share would be consumed stole,
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and eat a share of another. This he repeated once or twice. The
owners scolded and let him ^o. The third time they beat him. From
that lime theft, lying, reviling and punishment became rife. This
beiuiT the case, the original inliabitants of the world assembled and
toi*k c<)uncil together, that, as had practices had become common,
thfV should give command to an honest man,* of good principlcs,t
and make him k'uvr : that he should revile those who ought to be re-
iiled. hani:ih iluit^o who should be banished ; and that they would
|riie him one tenth of their thalay rice. After this consultation,
tUre ua.« a man, a para-loung, (an embryo Boodnh,) just in all his
pri'p »riion.t beyond other men, and perfect in his members ; of most
r\c<ilfnt power nnd sanctity, and great wisdom, who could degrade
Lftxili Having none to this man, they preferred their request,
and {wfured *ncT him the three kinds of bithik.| Because he was
tbf*u:;M b) many worthy to be chosen, he was called Maha Thama-
<U . and because he had doniiiiitm over the land, hs was called Kat-
tra : and l»ecansc he was capable of instructing men according to
the liws, hv wa> called Yaza : and these three names became well
• Z2'%.B jiH'd stMilimonts. schuhI doctrines — f o8co five duties^
w
:)j'*Jinj **u all m'^n, tn .ixoid inurdor, theft, adultery, lying and
«ifuTik»:nric— •
1 'T'S:*?' Three kinds are, t/atha hithik, at the time of afcend-
ir.j til'- throne; mnnd ibithik, a sort of marriage with the queen;
tm^jahiihiL, afnT rcii^ning s(Mue years, is a sort of renew .il in a
ir,. f 'irict way of hi^ rnLjariement to keep nil the laws binding On
^ V..:.j ^Stf Ihmrit W/ko's lhutk\ lithr 4J
e5#^7:uSco:*orjc«5rP[^oooSi030i<i>cooaD«oo^o«cTooiocoooo«co
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gcp5o^;coo,y'j[oDoalii!rdS^£jcsgoic§rr^gSooo"COC-33Jo^aiOi^o
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8
aStn^iQgc8iQga2^iox8oo^id^Od<ra^(£i8dSgooScoo8i
{Tweniy-threc lines of Pali above, explained as follows :]
The liocal descendant of the sun, who habitually performs works
of the purest benevolence, who is the possessor of power, glory and
iutli<»rity, King Maha Thamada ; who is to men as their eyes, and
by hi« t^tirditie:* enlightens all as a second sun — the rules he lays
dtiwn nrne dare infrin<4e. Amongst all rulers, the first is called
Mcn*io. In thi.** world of men the wonderful Par.i-loung was the
fir!4. At that time some men were thieves, some liars, some revi-
Itr*, jionie punis^hers. Unseemly practices had become common.
M«n i%h«i were full of cood sentiments and wisdom, that they misht
bi- nil i»f these practices, made small huts of leaves and branches
ifj th** jungle, and lived there, supporting themselves by begging in
i.»wn< and villaijes, which were under a king.
Men who go put away evil practice>, were called Bymanah, or
Bratoin*.
Men uho had e>tablished a house, and by agriculture and com-
::t#-rft* aripiircil much property, were cnlled 'rin!;«y-Th<u)k'huc, (the)
»rilih) (cla>!*.)
Mrri «hcM»e fortune w.t* ba«l, v. ho sufl'i-red oppre^MoII frt»m ollirrs
ind liTid in a >l:»te of unlnppiiie**s, Mertr callcci tin* p-mr class, or
Tl^-^-t^^'nvca. St» at the rir>t e•*tubli^llmenl «»f this U(»rM. the <laN>-
»*ofl*Uief-, «»f Br.imniH, of th«* Wralthv ami tlie PtM.r, btcamr
knf'wn
At ihi»» time M.ih.1 Thamada, tln» groat Khil'. cilb'd Mtmi*. <»r-
Uercd ihc districts, cities, xillagc** and towii.'^ u. bi- m irkctl, and ihiy
were #«>. The people were di?>s:iti>fiiMl, and dl^pulr< arose : whtu a
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gfii^osQco^efoOJu^iei ooOT^Saaijc^^ gOi^rS 3538*3508*
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8Eiepr6 38ee^^<^c$s3?ic|^u§ it^c^ssoic^u ^oa c^sEs <^s leecSi
Cowherd of about seten years of age, who had died in Bymah conn*
trj, aod been born (iu this world,) commencing with his little com^
panitHis could speak to the satidfaction of men and women, old and
joang, in his Tillage. At this time, people having disputes, came to
bin, and his first twelve decisions were as follows :
l5t. Of the boundaries of land
"Id. Of the destruction of boundaries.
:ld. Of theft.
4th. One taking by force the property of another.
oth. The owner of the properly being clear, as the king of the
Nai country decided when the Nats forcibly took possession of each
other's property.
Gtb. The case of the squirrel, the kingdik, and the frog.
7th. The ca5e between the owners of the squirrel and the rat.
Mh Of the disputed wife.
IKh. Bciug of legal age, and the respect due by the young to the
nJd
Ithh B<>rrowed grain only to be repaid fourfold.
lltiL Borrowed silver only double.
Villi. The ca^^e in which a deci*<ion was given by examining the
Witnesses apart.
\si. Of the boundaries of th« land.
With reference to the bf)nnd.irics of land, he .««Hid, *' Y'ou have
tiken (land) frcmi one another, and quarrels ensued. The superior
cba-f ha^ beaten, abus<ed, an<l admoni>)ied you. Vuu were not sa-
tit6ed. and now you have C(*uie to mk*. L-t iit:?.:rr>l!4 close, und let
Companies of men mark off, r.nd villages definedly maik olT what
tb^i can manage." Ou thi:* tliry rc*ltiriit;d plon-^rd and satisfied ;
but quarreled and came a(;nin, dJMputing who h;i(l marked the land.
< The Cowherd) replied: I will not decide tluM time in this case.
One did not know that the other ha<l pat In.t mark first. There
fhall be no puni**hmrnt. Fri»m thi:» day, Irivin^r raised one in e\ery
ten at t head, make an engngoment to abide tiv tlioir (leciKions ; and
when the^e heads have coUMulted tofrether and made known to each
where his boundaries are, ye shall mark them by tsadics, nat houses,
welU, taokt, likes, ciTes, rivers, zayats, remarkable large trees,
8jSOg3<ODObtC^igSee^oSjsgo£)l0^^3§«. 336c^£i.ol.^i»^ico5*
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10
HiHie pillars, heaps of bricks or stones, lie.ulsof caltle, bones of men,
chaff, a>hc?, charcoal, sand, broken chattios, htreanis, clmnnels,
ndcc:^ ofri:»in^ (ground, wooden {msts, clumps of banibocs, roads and
bili^. Ix?l the.^ic twenty-seven tiiinjrs be n^cd for land marks. On
lbi<». «ll being agreed and satisfijd, shouted applinse, and the Nats
of ihr forest, the waters, the trees and the earth gave publicity to it.
Thi% uas the first decision.
*2{f. Of the (Ii^trttclion of boitndarirs.
After they had made and set up these marks they wore not quiet,
but destro%td them. One representing this to the Cowherd, (ho
Mid .) Now in the districts which are marked^ having made (cities)
walU. ditches or stockades, divide (the people) into hundreds, thou-
•ftod». ten thousand.s, hundred thousands, inillituis ; ai:.' lot this (man)
be a MTo-k«M»p, this a Thoo-khee, this an Amat, a Kailnn, a Than-
pui, a Pye-tM», a Myu-tyne, a 'i'sa-kye or Tsama. Let them be
placed o%er the {>eople, and let the present strife cease. Thi.** is one
ihini;. tn the districts, let each, as far as he can, in his own por-
tion of the hnd, make or set dykes, trees, bamboos, mounds of earth
nr Moae : and after this, if one city or villafi^Obhall destroy the boun-
dirir* ♦•f mother, or the inhabitants of the same district, city, or
«..'.'t«' ?h .11 wre^t them lr»Mn each dtluT, let the above heads decide
iha* If the btiundaries arc desir«>ytd wiitin^dy, let th(^ olfendcr
b»- Smried t'> the nerk in the earth, at tlie pi ice where the oft'ence
■ ;• r..iiriiitt«d ; and let liim be kept there seven days or half a month ;
uf biTti«hid without th<' bounds of the village; or let liitn pay one
hai.drod ti'-kaN of tji.bl : or rl-- ui >table'^, or sworj) out sheds ; or let
h.M Im- d»'jr.iiled x*t the dwo«»n-t>and<i cl i-««. Haviu:; considered the
in»»-t approfiriate ^d'tlu*.-*** puni-^lniients, thry shall dt-^iih*.
Withm the tfrritorirs of one rif\ or villiiiro, those are the m.rks
l*^ **• n»3«i»' * n sale or purrh.isc (of land ) WIumi it h n \n on \i\v i-
• .ir«'d arid alliitti'd by tho land nioa-^nrcT. «-r by tlu' rjr>i orcupirr, if
an% «-fjf . with ihe MOW «>f ^ain, shall kiKiwiiiLdy do^^troy any of th<!
ft^irr mark*, let hnn sutfor criminal piini>hiii'jni, and pay the parly
• rKi^ril thirty tick :;!.-« of hiUfr.
If 1 d\k'* only havf be»-ii de.-trf»v«M|, Iri him roplifo it, and fi»rfoit
<<i« c 'H If hr Im: Hot poMsicshcd ovoii 4)1*0110 cuw, let bun pay live
f«ckai<i f*f Mhrr.
Ifa*i) <»ol' nnwiitin^dy dc'^trny aiiv of tho above, lot hiin replace
:t. \mi\ Irt hirn l»e fr^o I'rotii roiiip«'n.'-.itioii and criminal piini^hiiiont.
Aiiiuii|;«t the-4- (mark-*,) Mono [>ili ii-, \\<H>den posts, nat houso^, lulls,
tark*, flier-, r h iniioN, hiijh ^fniind, fa\os, t>aflio«*, road**, heads of
rank, rhbffaiid aalir«, are iioioriou»ly apparent ihuij^M : and if any
pi lOogiggor^cogi^icgfiipgc^Seaoocofipii
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II
My he (ieMroycd them, not knowing them to be land marks, he
ffhill be punished as originally laid down. If within the district of
tke same town two shall contend whose boundaries had not been
mtrked, hunters <»f the forest, snake catchers, root diggers, bamboo
catters, «'ood cutters, grass cutters, collectors of red, white and yel-
low earth, or 9ome particular substance ; charcoal burners, hark
peeler*, dammer gatherers, bee hunters, yathays, rahans, old men
who kuow the transactions of the place, travellers, dwellers in the
rilla^es — these sixteen classes of people arc called the bounds of the
countrj. It is not said that all these sixteen shall be present, but
that the heads shall enquire of some of them and decide. This is
^ne rule to be laid down.
'Sd. Of Theft.
A roan hating stolen a sheaf of paddy belonging'to another, was
Wouzht before the Cowherd. He admitted the theft, and being
atked whether it was committed in the day or the night, it proved
to have been in the night. lie ordered for the one sheaf five to be
f tveti in restitution, and the matter was settled ; and that if, after
this, the offender should steal any property, animate or inanimate,
the amount restored should be very large. This is one decision.
\th. On taking forcihly the Piopcrty of another.
A man forcibly took away the paddy that another was carrying ;
tod on enquiry as to whether the olTence was conrmitted in the day
uf ID the niglil, it turned out that it was in the day time. He was
ordered to restore the paddy, and, if he stole any thing after this,
tlut hl^ punifchntent should be much heavier.
o#l Tkf otrmer of the proper ft/ hiing (bar, as the king of the \at
f.mntrii detithtl trhtn tht \tit.< forriUij took pos^ft ssion of taeh
ttker * properttf.
One man owned a pieoc t)f land, and another, to the knowledge
< f nanv pei>ple, cultivatrd it. On in<iiiirin^ intotheca.se, it was
f^iond ho had wi>rkrd it for ten years without any interruption from
the 4*mntr. In f«>rn)or timr!« there was a ycndiko tree, which had a
fitardiin Nat. On ilii*« yrmlike trro a pcpul tree sprang up, and
icimrdialc-I) a N.it r.itjt' i.ihI t^tk }M><iH#>^.-|i.ii of it In time it in*
freafr*' u aitd t-ltC^i^«'J i!ii; wndik* trn ^^hlch Ji<'(l . and it& Nat ot-
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12
tiered ihc Nat of ihc |>ei)ul tree to leave, as the habitation'was origi-
diIIt hi?. The Nat of the pepul replied : ** Your habitation is gone ;
nine only is left. Do you leave." So they went for a settlement
bf the c«a€ to the king* of the Nat country, (who addressed the Nat
nf ibe joudike thus :) You did not first full up the pepul tree and
throw it awny ; nor did you tell the Nat that he should not watch it.
The pepul has increased and swallowed up the yendike ; and, my
frimd. you did not watch the pepul tree, but the other Nat did ; your
kabitatu»n is gone ; you have no right now to turn him out. Now
the pepul tree is the habitation of the presiding Nat of that tree.
Lri the Nat of the yendike tree leave. Thus the king* of the Nats
decided. He (the Cowherd) decided the case.
»W* The c€isf of the Squirrel, the Kingdik bird, and the Frog,
\ kingdik (a bird so named) called ** by the falling of the hill,
when the grass is broken, in the course of time there will be dis-
patet '* A squirrel on the branch of a tree at the top of the hill,
was listening to the pleasant sound of his voice ; the branch broke
ud he fell on a frog which was below, and broke his back. The
u**g, the M]uirrel and the kingdik were examined before the wise
nan, who decided ; the kingdik did not call his natural notes, but
fOfDething quite unusual ; and the squirrel, who should go about his
ovu bu«ino<« and not listen to the kingdik, calling out without any
refi^rence to him, did not mind his business but listen ; if he will lis-
tf«, let him do so on a strong branch. But he held a deac' branch
• hi9 teeth and li>tened ; and this dead branch by his biting was
bruken, and he fell on the frog an<I broke his back. The squirrel
mtf be c'dled the assaulter; let him pay thirty tickals : And the
LiugJik the abu^er (or exciter;) let him pay one half the above sum.
TUi» he (the Cowherd) decided. In this case the kingdik, squirrel
iiu\ ffi.;r were not brutes, but Nats of the i\)rest, the hill, and the
ULt, Hh*i tried his wisdom. This was according to former custom.
If the '•If lie had i»ccurred am«»nti;st men, the as.-^aultrr would have to
I'll thirt) tickals of silver, the exciter Uy words filleen. The deci-
•!"« was a projN'r on<*, and the Nai.s appluiidi'd and '^:\\c publicity
• . -, .: ".'Ji >- S^-'^^C: kni^r <>t Wooi-iha-wodie, the liigluv^t of the
■'1 \ji CiUJiitrii"*, 1?^ in.iro pro|)erly '' th* king.'
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12
(Jercd ilic Nal of the pepul tree to leave, as the habitation;\vas origi-
nillT his. The Nat of the pepul replied : ** Your habitation is gone ;
mine only is left. Do you leave." So they went for a settlement
of the ca^e to the king* of the Nat country, (who addressed the Nat
of the Toudike thus :) You did not first jiull up the pepul tree and
throw it away ; nor did you tell the Nal that he should not watch it.
Tlie pepul has increased and swallowed up the yendike ; and, my
friend, ynu did not watch the pepul tree, but the other Nat did ; your
hibiiation is gone ; you have no right now to turn him out. Now
the pepul tree is the habitation of the presiding Nat of that tree.
Let the Nat of the yendike tree leave. Thus the king* of the Nats
<iecided. He (the Cowherd) decided the case.
*WA Tki case of the Squirrel, the Kingdik bird, and the Frog,
A ktngdik (a bird so named) called ** by the falling of the hill,
•hen the gra.<^ is broken, in the course of time there will be dis-
pates'* A squirrel on the branch of a tree at the top of the hill,
m^* It:»teniug to the pleasant sound of his voice ; the branch broke
and he feU on a frog which was below, and broke his back. The
frog, the squirrel and the kingdik were examined before the wise
man, who decided ; the kingdik did not call his natural notes, but
«*>fDf*ihin(; quite unusual ; and the squirrel, who should go about his
cvn bu«ine*.i and not HsKmi to the kingdik, calling out without any
ri fcrence to him, did not mind his business but listen ; if I e will lis-
tfo, let hini do so on a strong branch. Rut he held a deac* branch
la hi« tcfth and li>tened; and this dead branch by his biting was
Lr.tken, and he foil cm the frog and broke his back. The squirrel
n\\% lie called the assaidter; let him pay thirty tickals : And the
kioicJik the abu>er (or exciter;) let him pay one hnlf the above sum.
TJ u* he (the Cowherd) decidod. In this cajic the kingdik, stpiirrel
4i»t! fr« J uere not brutes, but Nats of the forest, the hill, and the
tft-t, Hh«» tried his wisdom. This was accordiiisj to former custom.
It i!i«- ^\u\v hail occurred aiiioiiij-*i men, the asr..iult<'r would hivi- to
ill ihiri\ tickals of >ilvi.'r, the exciter bi words fifteen. The deci-
• i.'U was a projH'r on*', and ihr Nal.> applauded and \i\\v piibiiriiy
, . It
• ~, : ' ir, ^ . ^^% /: ^? I ^\\\ii of WiHii-iha-wtwIu', the liiglir«'i tiftlie
• 1 Nit c«»Mfitrie'». i> iiiort- properly " thi kiii;» '
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13
"tth Tki cast bitirun tht Oirner of the Stjuiml and (he Rat.
Ono |KTsc>M bred rats and" another j«(iuirrcli». The owner of the
r4i!» r<■pn^?cnled that a squirrel had beaten one of his rats and caus-
ed him to lose a litter of young ones of which she was pregnant. On
tu()uirin<; of the owners of both, the owner of the st|nirrel said : It
war. a matter between the briaes ; that he had not set on the ?quir-
reJ This was proved : and it was decided that it was a matter be-
t«een the brutes and no (fault) compensation could be given. The
NiL^ g'>^c no applause. On enquiring into the time and place of
ihe occurrence, the owners both agreed that it was in the night, and
(lO ifcc branch of a tree. The time, was night — the place, the branch
«»f 1 tree. The branch is the squirrel's place ; but though this is
ime. the night is the only time a rat will venture to seek his food ;
the «quirrel makes no distinction as to day or night, in feeding. If
«e jud^e by the time, night is the rat's time ; if by the branch, it is
ibu the rat's place, as it was in the night time. Let the owner of
ibe •c}uirrel pay the price of three litters, reckoned at one eue of sil-
ver each. When this decision was given the Nats applauded, and
procUiined it. This is also one decision.
On this the wise nan said : There are these four matters — time,
\thce, price, and the thing — to be considered.
.\* rogirda tune, there are tight divisions; of place, there are
i»«-!»e . of price, four : and of things, four. Of the eight divisions
Miime, ih«*re is l>t, the night ; '2d, the time 4)f war ; :Jd, of famine ;
lih. 4.f pestilence , .'ith, when the power ol the king is small, and one
kill« ant»(hrr . liih, the day time : 7th, the time of prosperity and
Mppirie— . ^th, the time of louiidiiig a town or village. These are
iV tight diM?«ionr« of lime ; and, as being of ilir same nature, any
• utid'ti emergency, f^.r^tivaU, <»r other unnually recurring periwU, the
ki^x •it'ibi- .-tars, ('i '-^""g-niouiiif-poe, formerly ••^o called,) the time
a I'/wn I* on the point of and eert:\inlv will be dcstrov*'d ; let all
•»it;; tiHj* <» a> the?"*.* be noli d.
<M't:.* iwi'lw- dui-^ions <»f place — l^i, a king<lom ; 'Jd, a country ;
tfJ. a f;:. : Ith. a di-tnci : .*>th, a \i!!.»cr(? ; (»(h, a ha.nlel ; 7th, a still
• •:i-j»l»-r t:ll.i:.'e ; i!ie;t' 7 — and "^th, the hi/ir or market ; Ihh, a dra-
r^iiiT 1--I iiibly . KMh. the l:indi:i«i placir l*«'r Ikmis ; 1 1th. a ferry ;
I2i*i i hut. or tcmpornr> rc^idmre— tlu-e nr«» the tweUe divisiims
•• {• .v<.
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14
PUce^ that in the same way may he noted are, list, posts for col*
Ifctinc duly, or guard posts ; *id, the gates of a town ; iJrd, any as-
Kinhly of people ; 4th, the forest ; 5th, solitary places — let these be
noted.
Of the four prices, (or modes of fixing prices,) there are 1st, ani-
nate things, elephants, horses and men — these are one ; 2d, the nine
kiods of gems, the twelve kinds of gold, and the four kinds of silver
ibeM are reckoned one ; 3rd, another grade of animate things, buf-
fal'ie^i and oxen are one; 4th, of inferior inanimate things and the
base metals ; these are the four prices.
Of aniiDate things which are similar and may be reckoned the
Mine, there are bison, elk, large red deer, small red deer, spotted
deer, and all four footed animals; (there are) pea-fowls, cyruses,
coannon fowls, ducks, and all winged animals. Of inanimate things
Hmilar (to the above,) there are grain, timber, bamboos, coarse grass
ued fi»r thatch. These having noted, you must hx the price and
rccnrd it •
Of these four kinds of things — animate things — 1st, elephants and
bc'f «e4, one ; *2d, inanimate things, the nine kinds of gems, the
t«el%e kinds of gold and the four kinds of silver, these are one.
Another (class of) animate things, buifalocs and oxen ; of inanimate
ihjojf!*. land and the ba^er metals. These are the four kinds of
things The above embraces animate and inaninato things, grain,
cb'.tium, s^oamum, cotton, barley, sap — all things that man ought to
pf»**f *•. TInnss similar t(> th('>(* are to be noted in the same way
aod deri**ii»ns given on them. For this reason, in the case of the
r«t Aut\ «<piirrrl, the tinio, tlie place, the price and the thing, were
liid d«*wn. Thin was the dcci>ioii of the wise man as to time, place,
prtcr, and thing.
>th. The fiisputni Wit).
T«*» men di«sputed the pt)s.'<ession of a wife. When thoy came
U-l'-cr the wi*c man, ho empiircd into ilio cus<». Botii the men claiin-
r«i thr M'»nian, and .•ihe declared one to be her Inirtband It W(»uld
ipjK-w that the imn the woman suys is I;<t husband, should have
Lt! !»ut «Mi thr ^tate(n(Mlt of the wt)iiiaii only, the ca^o i-* not clear.
S*! .V M p.iratt'd the thrt-(r and examined thcin apart ; but being all
nf •■fi* *iilj;:c, tlu-ir >lati'menl a- to t*'>ri'i*ilhi»r?», ninies, ninnbers and
f*frijiiar\ prop<Tty a-^rced. '* TIm? ca**** cannot In* decided by the
c'-f-^trruiiiiir «»f ordinarv men. It must he dicidcd bv the ordeal of
««trr. rur. liri-, t»r (htit) lead; onr of tlic-t* lour." ila\in^said
tl.i*. hr-ci!lrd their parnils, nhitivi-, comiectioiirt and fiei;ihbours
r
f I I. ji. I '■ i.r I' •...■ I I- .1 1 t •'. 'U- I rK»" I til li.'p M I I f»c
i • I
ecote^cT:^ »SGpc53D0ii oa^cooSoj uc6oi§8sei Sc^ScpcgSSgna
co^!ucoijS«33^!(^o5« conooceoS kjScogSi sc^Sca^rS coot
g «c»^ao8 yo£x^!:o'j05CC»5'^GoocrpS330BODO!co£p(»
eaCS83jsSso3or»!^orgi.eJlt3aoD£icocooS'f^03036t§SBOc5eot
Cfl8l)3!OJS^33^!J53'lP3^@'C©uln^!gSD32§' ODOTSiTOg^^cS'oa
«OfCQffio3^05Cgc5rScw:eCO^G-^CO:i£3CO^iiBJl!^J;^ 20^100
osSioasocfi'rSfCCOicoscofcS^ti^^S.r^ir.fTiciB scoicoscoicSiSoiocxS
IS
nrnd eimmhied them. They all agreed iu slnting onr to be her huv
hukd. lie then said, it shall not be tried by ordeal. Let the man
ail afree to be the husband, have the wife. On this decision, the
Man the woman declared not to be her hu>band gets her, and he
(the other) is liable to decapitation. »So as the price of his neck,
let kim pay thirty iickals of silver. The wmnan, though her hus-
hiiMl was clear and certain, said she did not wi.sli to live with him.
Lm her pay tweiuy-fire ticknis of silver, the price of her body ; and
m both ire dirregardful of the credit of titeir connections, Jet theni
fo beyond the bounds of the village, and let thorn have no share in
die inheritance (of iheir relatives.) They arc destroyers of family
character, breakers of their engagements. On this occasion tiie
Nus of the forests and hills praised and shouted applause. This al-
in b €mt decision.
9ik. Beiiig of legai ogr^ and the reapert rfur hy the young to
the old.
Two persofw quarrelled and fought. They were tuken before the
«i*e men. On enquiring, the younger was found under t!ie respon-
sible a«e Though he was the offender, he was jiot held in fault.
By neafu of this youngster the grown man died. Let the whole ex-
pense of the funeral, and all the damage caused by him, be borne
and made ffood. From this, as parents shall bear the faults of their
chddren. Jet them glie them instruction This is the constant prac-
uce with the flVst inhabitants (»f a world. *They ^re all children,
rriiid children, and great grandchildren of the king of Byuiahas.
This be £are as one decision.
IftfA. Borrowed grain only to hr repaid fourfold.
A per«nfi borrowed paddy from another. The lender said — *' af-
ter the 6r»t harve:*t, for every ten baskets twenty shall be returned."
Bet (the borrower) not being able to repay it after the first harvest,
the lender demanded it after the second, (or kauk-ketv) The borrow-
er taid heou^hl only to pay twenty bafrkets for ti-o ten ; but th<* tender
Mid/' the »eiS4»n is past ; mine was i*eed p ii\\y \ from «»ne haskot ilitro
10 A return of macy. I ought to get ihe r>urth of the return " The
hnrrrmrr replied ; ** when borrowed, ^iouhlr (the original ijunntiiy)
was fff^^ed on, and 1 ought n«,t U) jTi\(. (,i;e fourth of the return.'
The wi^e man f aid — ** the wordrJ of my friends are dictated hy c«wei-
o«fne^ ; by co\eloiisness is produced dr«*truclioii and >ciire.t\. lu
ih^ year, there arc thre«* crops in the W(.t season, tuo lu tl^e dr\.
The year consiM' of a warm and a wet seison. If in Inr^^. thore is
a Ijffe return ; if not, a surdl one Let both pr.»p«K'*.i!H be >ct aside,
aad (or ten baskets of paddy let fourfold he paid. Beyontl fourfold
COpS=I55g)STO33^5j[8sgOOIC§«S<58d|«C03oS»GlM@8.jSj)^33§
O3^3§;O^-^t§33^-^Scgj[8§!0sg£i^Q<go3^CggS33^l
c^«ajcSi j6yjjgoQosco5co^!cgjS eJco^rfiico^iogEsoi
co^i ^fgoi^io^JCcxjocfi £»gj30goJOo^c^ooSt aoigo5co30
eoMooos«coJco30oSj8 osceoEcooibaa^i o^'^i cuo dBSoE
CCOIGC»Cl(£c0^tCgl^^cgieC033^r^o£g£6033^t B^ulc^OJI
o^otcoSj^^us igcScazios co33go! ccDiccx)Oc5^ 8Etc^£oSe^ ^1
a7§e^oc5icotS033c£exo^gjos^ic^cc[>c5o33^a303goecoiap
oososscSm^SujjufS^ogEi ODEcSoStsoaooSTOOsrjicoajEbfS
coulsoooi ccgSoooe^sxoosajjgori^ooocjfSos^icooicpi xoicli
ajJco^330oS)S oogScootSepcgSi eg'^^'^Q'^^o^iigoigoS
10
iWre shdl be no claim on account of length of time. Let foutfolA
be a full remuneration for the seven kinds of grain, and all edible
Tffetahle produciionSy which are subject to the same rule/' This
IS also ooe decieion.
lUk. Bomnced silver ovly double.
One man borrowed from another one tickal of silver, and as he
wit not seen by the lender for some years, he could not demand pay-
■eot; (but when he saw him) he claimed interest for the whole time
fifpied. The borrower said he was willing to pay double ; admit-
ted that he had not seen him (his creditor) for some* years, and that
it was long since the money had been borrowed. IMuis they dia-
lled. The wi«e man said, it was silver, not merchandize ; and
fbdOj^ k was many years since tlte transaction, for whatever is con-
lected with silver, let only double (the original sum) be paid or re->
eet^e*^ The different kinds of silver, lead, tin, copper, brass, and
every tbntg connected with copper, shall be the same. This is also
tme deciMon.
\^k. Tkt case in vhick a decision was ^iccn by namining (he
tcitncsscss apart*
ffl the country of Maha Thamada four Bramins bed by be^^ing
bbCaiDed one hundred tickals or pieces of silver money. They bad
fit sot (<»ur hundred, so they left the younger Bramin to watch the
owe hundred, and the three elders having gone off begging, four
bee-bonterii, who were going to the jungle, v. ere consulted with by the
foon^er Bramin, to difide the one hundred pieces of money equally
awiofi^i^ them, and when the elder Bramins return and demand it,
I (the youn;; Bramin) will say, " a dog ran away with it ;" and do
jou bee-hunters *ay you SuW it. After they had thus consulted, the
three elder Bramins returned. They said, " we have now procured
kfOf hundred pieces of money. Do you keep the one hundred pieces
left IB yiiur care; we will *each take one hundred." The young
iranin then said. ** my three friends*, share your money with me.
That left with me, bemg placed in one bundle in a cloth ut^ed for
tyiof up meat and fi«h, a dog ran away with it and it was lost.
Thoogh f followed with lour liee-bu liters, we could not recover it.
th^ jfMing Bramin said, and when they came to the head man
ifptxta^ocnjtcBt ofC<^%e^Scio^t oocfio^cSy^ c^S ccn^svoSi
CaO!S[!BjC2£i^<^^OH^COOG«pc5»^«>Olt 88(BjJp8ol9a o5
(^3<g£t a3g£toaa^^33^^8u^< SoSro^^oS^t coo^SiS coo*
o£)^;^scofliiid'03»lM6g(5c«>c§05coa5'f8|§^ cspoSso^^i
SCOII030 cStS. oogcgSs ^ I s cnoogoiscoiscoo rfi^ ossoiaosjJccot
ca3Sco^i^cSgo:^c«pc^co^iuo^oSo3^fScQos^c^)f)D»^coo
|co^i8oSi<^»^« ooos^cSico^ic^ uc^cS.at^sgao^i g^sp
17
oftbc lo«rn for his decision and stated the case as above, he exftmiif'
rd tbe four men who we>'e going to the jungle ; they all said they
iUo bad fullowed the dog when he ran off. On tiie evidence of the
witoeMes he decided that the young Bramin hud not secreted it ;
that It should be considered as h^st, and the elder Bramins should
•har^ with the younger. The elder Bramins were not satisfied ; but
vbea they went to the ministers (of the king,) they gave the same
decisiou ; and when still dissatisfied, they went to the heir apparent ;
W gare the same. Still unsatisfied, they went to the first (|ueen,
who decided the same. They went to tlie king, and he also con-
iraied the decision. Yet still dissatisfied, they consulted with the
yoting Bramin and the four bee-hunters (saying,) wherever we
Ittve gone fiir a decision of our cause, it has been given against us.
la a certain village, a lM>y decides all cas s, and if hi^ decisions
are correct, the Nats of the forest, the hills, llie trees and the c-rth,
Ben and birds, cheer and applaud ; if they are not correct, they do
■oC afiplaud. Have you also heard this f The others replied, they
aljo had beard it ; and on this they agreed that they would be satis-
fied with this young man's decision, and making a declaration to
ibat eCect, they went to him. They reached his place of abode in
tcrven moalhs, and enquiring for him at the house, were told he had
gnoe oot with his father to the plough. F* Mowing there they saw
■ini. Having lef\ his father, he bathed and washed the mud off his
(etl and body. '* These Bramins who have conie, must have some
dt«pate lo decide.'* Thinking thuv, lie put round him his father's
rioak which happened fortunately to ho at hand, and breakiui/ a
branch from a tree, spread it and set d(»wn ufidcr tlie shade. The
little «i5e man then sHid to the Bramins, " oh ! my friends, on what
buMness have you come ?" The two parties then told him the whole
ra^ a^ it had happened. The young wise man then said, " my
friends, y«m f<»ur Bramins remain here, and you four jungle rangers
fo a diMancc to four separate places, :in<l they did m). He then e.xii-
■iioed one of the hunters, (>'iymg,) " at the conniiencement of this
«orJd, as :here was no lyini', tliere was no iiii<ery, and at death (peo-
ple) went lo the Nat cc.untry. Whin tliey began to ?.peak falsely,
tbere was misery in this lift* ; but when they chanjrcd this state if
b^init, they could not e<*cape hell, but liati to endure. Yemu:t
•prak the truth." S«» on (|uesti(ininif linn, he said tlit-v t'nliowed the
dof^ ou hift running a\uiy, btit could not r.-itrh liitn (The young
toau) enquired in what direction the d<>g had run, and ulnit was hi>
coImt. The witness replied, he saw a ^U'lie dor^, and he ran east.
cQc»3D^'uq£coco33Cor8 cossxib o3SfDn? 39 e^<^^<:gi f c£^ £
!»pScoo5s8:i:>^f cj£(»icoooSf^c«2C03ScGcoSasG^(5c^cgi03joi
g^c|£'^_^coo5.'^?; ■?.:-■■ ." -'^aooSuol^dB^OPf&gf^^^
cg8oS§e:»!Mj>S^8^cg£*^6'soSGo3t^£iosc^£«coic*arg»605o
09^o?ac5^2coariSii:S^i80tciw^>§gc^ |SajoSc}u^'i cc£cat
^i«cc5{§C3CcpSiffiss(7g5s(r«£!l^s tpooS o3^> Cf^?<^i <B
co^'CtBoSii^^coi^ccpnlcoSsclseiasasrSa^onseisnSt^iol
eeiBglS^s£«urcg££»o^u^ ug?jS§8su3:>^u^9oco£<c(^e8
»£trS§«cQo£!jSojgo!cjso3ooSc55£ittg5o;^§«^SoD^^iao
cuteoQS^coj^:g£Sc|8|3i^oS33§t33opu§iugoj|£§S3a^ao<»3t
cSStuulta30>ocoaioSuoocrSS£u'lco3oS<uS33^i> jfSco^E §go$i
^w£t^ic»scoo£!uScc^i <<>^>^<§?'^* ^|^ScfoSoos[picn£tn2oS
:flo£^8«|£ol«^>a:jcp55^coo5o3^i co5ccx)o£ir^i cagic^toli)
8<^£u1ic^f^co^m^33^oocft^^8i^iSr^>§|8c^£t«33^coc8<^
18
On que»tioiiuiir another in the same way, he replied, a red dog had
mo f>outh And on qncfsiioning another, lie said a black dog had
mo wcM, and the fonrth i«aid a spotted dog hud run north. Before
Clamming the tour, lie had explained to them good and evil, and
Bade them declare that they would speak the truth. He now said^
**thef bare conspired to cheat and concealed the money. Let them be
taken to the king of the country." As they were afraid to go before
ibe kiug, and ttie money they had taken was still by them, he caus-
ed tbem lo dig it up from where it was hid and return the full
•OKMiDi. **The four jungle rangers ha?e committed a fault by means
oftbeir tongues. They are concealers (of the truth.) When they
come before the king he will chop or cut them out, or slit their
iBoaths, or be will cause their heads to be shaved in four patches,
and tbeo to labor and beg for their subsistence — banish them from
the €i*y, or make Hiem clean out stables or elephant sheds>, or de-
grade them to the d(M)n-tsanda class. Now my friends, }e Bramins,
do je iuppress your anger, and let future ^venerations punish men as
I have DOW publicly and plainly laid down.' When he had thus de-
cided, the Nats of the forest, of the trees and of the earth, in the
lorm of birds, proclaimed aloud his praise, 'i'he elder Bramias also
»priokled him with, and poured over him pure water from their Bra-
Miuiral she!1>. They gave him a small branch of the tliabae tree,
tad NaMsa-grass, wished him freedom from all disease, long life and
mcrewe of power, and saying, on the whole surface of this earth
tbere was none like unto him lor wisdom, the\ t<K>k their departure.
Wbeo the Bramins represented to the king that their case had
been drnded, he enipiircd by whom the decision had been given,
and Miing. be certainly i> a man of unparalleled wisdom, ho sent
Cor tbe young man and appointed him minister. When the king ap-
pQioteu him to try all causes he said : " Oh kiii^ ! 1 am afraid to
uBdcnakc the decision of all the cases in the country. There are
cbe (uur "Stales to be avoided, of hell, brutrs, p) it-la, and athoorakty.
No mail 19 free from mistakes. 1 am not e(|U«il to the task." So
br begged to be excused. The king ha\ing h\ed a certain term in
feir* and months, l>egge'i hiin to undertake it. So making his obei-
Mftce to the king he agreed to enter the law-shed and decide
cauteA f'jt »e\en days, and reque.^ted to be allov id to consider the
«4d ai:d true road (of former decisinii^.) So he was permitted to con-
•vler When he came to the "shed, sc^en causes were appealed from
ooolsi
cooit*
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«CX>o880C^eO8^^0Oog8aD^i^83D8^3Bg^g08g^f0Sad^888gOf
19
tlia decistoD of the miDisters. So when he entered the shed with
liie king's authority, these are the cases he decided.
1ft The first day he decided the case of the old and new paddy
•eed.
2od. On the second day he decided the case of the male and fe-^
Bsle cattle
3rd. On the third day he decided the case of the large and small
cock.
4ih. On the fourth day he decided the case of the disputed child.
5tb. On the hhh day he decided the case of the Toungthoo who,
«• clearing his garden, cut down a tree.
6ih. On the sixth day he decided the case of the wife of the man
«bo found a pot of gold, and four others with whom it was divided.
7th. On the seventh day he decided the case of the small cucum-*
bcr.
Iff. Of the case of the old and new paddy seed.
Of tiieae seten cases, as regards the first:
Two men were carrying paddy, and they came to a bridge where
tliere miC being room to pass, they jostled each other, and the paddy
<iCbocb fell into the water, floated away and was lost. They quarrel*
led and di<»poted who first came to the bridge. It was found they
came on together. *' My friends, ye have done foolishly. One ought
to have fi«en notice that he would pass first. This he did not, but
fttiing oo the bridge in a hurry ran against each other and your pad-
dv was lost. Let there be no fault." This the minister decided.
Tbev were diwatisfied, and when Menoo, the wise man, examined
the case, be found that both had equally been in a hurry, and equally
faraged. -When he enquired respecting the paddy, one said his was
< !d, and tlie other that his was new. ** As the old paddy will not
grum, aod is only fit to be beaten out for fiMKl, and the new paddy
wdl grow and return many fold, it is (more) valuable property. Let
tbe ovoer of the old paddy make good the new. As amongst men
\y»jQg\k the same, if they abuse and Mrike each other, and are equal-
!i in fault, the degraded (man of low clu:}») makes a (peace) offering
tad bega pardofi of the exalted. When the wise man gave this deci-
M>^, tbe Nats and men shouted applause, and the birds crowed and
5
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20
««ng. Men were liappy and |>lea9ecl, and the owner of the old grain.
rcpUced thai of the other with pleasure and satisfaction, and the
wm wemltd.
2d. The ca$t efthe male and female cattle,
Ob ike second daj the decision was this. A bull and a cow be-
longed to different iodividttals— -the cow had many young, male and
imale. Tlie owner of the bull said — *' it is by means of my bull
that the cow has young. I ought to have half of them." The own-
ncr of the cow refused 4o gife them up, saying, '* they are the pro-
geny of my cow, both male and female/' On this dispute the minis-
ter ieeided that the owner of the bull should have all the males
and the owner of the cow all the females. The parties were dissat-
Wken tke wise man had enquired, be decided that when brutes
kate yonni^ tkew is no law for their division. Amongst men, if a
nak and female slave are given in marriage by their respective mas-
ters, il is proper they should divide the children. But children
kora wken ikey have not been given in marriage, or had a room as*
•iffte4 to tkam, hot begotten of their own accord, in these children
the owner of tke male slave has no share ; the owner of the female
kit a rigkt to the whole. For this reason, the cases being similar ,
saoce they are brutes, and acted from their natural concupiscence,
tke owner of the bull shall have no share in the yonng, male or female.
Ltt tke owner of the cow only have the whole. On this decision,
NiU and men skovted praise, and all birds crowed and sang, and
kotk parties were satisfied. This is one decision.
%Ul. The ease of tke large and small c^rk.
Regarding the case decided on the third day : —
One man complained that a young cock belonging to another, had
Aown at kti old cock and put his eye out. They came for decision
of thew cause, and the minister decided that the old cock :»hould n<n
kave been Minded, and ordered restitution to be niado.
Wken the wise man examined the case. Amongst men. roosting
places Ibr fowls, fowl houses, pigeon houses, pens for ducks, are al*
wajs sade. Cattle, buffaloes and goats are always put ni fohls, and
en tkts ground ke examined. He found the roosting place, houi»es,
ip«ding place aod attendance the same. (He decided) only when the
ifif^tipf place of the two is different, if one animal shall come to the
pruftr feeding place of tlie other and light, without regard to nize,
tke sBimal of the owner of the feeding place should not be broken,
; if it be, let the owner of the other rcipUce it :
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21
b«i if the animal which came to the place he had no right to come
to, be killed, broken or destroyed, there is no blame ; he encroached
<m the other's feeding place. In this case the feeding place is the
tame; the person in charge of them is the fame ; and on examining
the cocks, their height and size are equal. So on setting them to
Igbt again, the spur of the large cock went into his own eye ; many
people saw it. The young cock had no spurs — not larger than a
frttn of Indian corn. (The other) was blinded by his own spur.
There is no blame to be attached to the owner of the young bird. -
When Ibe wise man decided thus, the Nats and men applauded.
Thu also is one decision.
4tk. The case of the disputed child.
Regarding the case decided on the fourth day : —
A young woman had a son, and two men disputed the paternity
of it. On examining the girl, she denied that either was her hus-
band, bat by the strength of her desires she had connection with one
after the otKer. The ministers said, both had had connection with
her, wmd tbey could not decide which, or whether it should be the
child of only one. So they said, let it be the child of both. Thus
tKej decided. -
Tbe wise man's decision was — that both had had connection was
certain, in the same month, but on different days. On this he ex-
anined tbe young woman as to whether her monthly period was in
tke wasing or waning of the moon. She stated it to be in the wax-
isf . One of the men had connection with her in the waxing, one
in the waning of the moon. Man is the slave of his passions. They
bave been enjoying themselves after the manner of young people.
Neither is the woman's husband. So in this caf^e, considering the
woMMi's season, the child is his who had connection with her in the
waiing of the mo<m. And another rea^n ; that a child may be
kaown by its appearance, is a common saying ; and by looking at it,
all may see that it is like the man who had connection with her in
the waung moon. Let it be his child. Imprc/^nation does not
take place on every occasion of sexual inter.course, but only when
the three causes* are in operation. The young woman has also ex-
fftme6 her ap|)roval (of the- same man.) On this decision Nats and
ga%e praise. This is also one decision.
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22
•VA. T%€ Toung^hoo, wko^ in clearing his garden, cut down a tree.
Regarding the cause decided on the fiflh day : —
A Toungthoo miking a garden, as is the custom amongst men ,
■I coltio^ and clearing awaj the grass, creepers, bushes and
trees on his own ground, cut down a youn^ tree. The Yokekatso
(Hmmmdrymd) wno watched the tree made itself Tisible, and said —
** 1 bate watched this tree since it had three leaves above the ground.
1 bave made ii my habitation. Now, there it is, as high as an ele-
plwit. My friend, you hove cut down my tree. My friend, 1 will
cat yonr throat." The Toungthoo replied*-'* you only were allows
fd to live there before I cut down the grass, jungle, and trees on my
Somid. It ii mine ; the property of my fathers belongs to roe.
y friend ia a Nat. 1 am a man ; and this is a jungle district. We
wiJI go to the chiefs house and hear his decision, whether you have
a right to kill me. And now a wise man, who is skilled in the law,
has been raited to the place of a noble." When the Toungthoo and
Tokckaiao came to the court of law and told their story as the case
had <tccorred, the original hearer of the case decided that the own-*
er of the laod had cut down the tree, and maintained his right to doso.
Tha vinr nan said — " my friend's decision is borne out by cus^
lam, and if the parties had remained quiet, there could have been
■n other decision ; Imt now a Nat and man dijipute tl.c extent of
\htif proprietary right. The TounjTlh<K>, the gardener, has a right
•o the land and its prcKfuce ; bnt it in a conMant, invariable cuj«tom,
that when the first leaves spring, a Yokekatso having taken the or*
of the Nat kings, the first of whom is Wct-tha-woon-na, the tree
over to them, in these gifts, when originally made to Be-
kxM or Nats, the law is, that any one who comes under the tree,
breaks, or unthinkingly takes shelter umler it, nliall make an offer'
■m , or else they shall have a right to eat him. lliis I have heard
kMheea the custom in the whole succe.Hsiim of worlds. The ground
w hit, (tlie Toungth<K>'s ;) he ha5 cut (the tree ;) let him be justified
m doiaf my. The anger of tlie Yokekatso having been excited, he
vithed to cut tlie throat of the Toungtluio. lie has a right to do so.
fct th^ peracHi wIk) commit** a ^4econ(l fault i.n more to blame thart
kr who commits a first. One of my friends U a Nat, erne is a man.
For the advantage of both let it (the tree) Ik; made into a small post
aad tet up in front of tlM^ !nhi!<o. or mmicwiiere, and let a Minall shelf
ktratted, abcKit the height of a man's shoulder, and let (him) the
Nat, have an <»fferinj( of the fir.«t of the f«M>d. M\ fri<>nd Yokekats«v
^ f(i«r anger Xte appeased : assiitt the |>erson who is respectful (to
«•■ ) On this occasion the Nats and men gave praise. Phis it al^
deciaion.
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23
Tiik Tkf case of the wife of the man who found a pot of gold ^ and
four others with whom it was divided.
Reg»rding the case decided on the next day :
Pour people going to the jungle hy mutual consent, saw an en-
chanted snake, and in following it one was bitten and died ; the other
tliree killed the snake, and in taking off* his skin they found a pot
of gold. The wife of the man that was killed claimed the half of it.
Tber came before the chiefs and stated the case as it occurred. The
fim chief decided, aa the man had lost his life, his wife ought to get
one half of the gold. The wise man's decision was — on first start-
mf for the forest, before seeing the snake, they went (with an un-
denunding) to share good and bad equally. If one was killed by a
filler, or other wild beast, there is no reason why a substitute should
be fifen for him. It is his bad luck. The others must only per-
ibrm hi* funeral rites. And as regards death ; no one can escape
the law of mortality. He did not die by means of the other three.
He died, being bitten by the snake. The other three killed the
snake. Of the pot of gold obtained, let the wife of the dead man
hate oae equal share with the other three. It is like plunder taken
10 war bf mutual co-operation. This was his (the wise man's) deci-
^irm ^>n this one also Nats and men applauded.
Ith. Thr rase of tht small cucumber.
Itrjardini; the case decided on tlic scventii day : —
111 a •»mall ullage two men made gardens close adjoining, and se-
{••raied by a prickly fence. In one garden a small cucumber spran^r
«p and ran, t>eing a creeper, into that ot the other, and bore fruit
ind he plucked it. The owner of the cucumber said, " the root is
lame:" the other that, hnvin;r come into his garden, it was his.
S<i ih^% disputed, and both came to the wi^v man. When they hud
aaird iH^ Ca*H* as it wah, he decided that it had gone into the other
tardea and borne fruit, and that the owner of tliat garden should
bate a ri^ht to pluck it. Nat:' and men ^ave no applause. So
ifio«in«; ihit fu«*n and Nat.*s did not approve, he said — ** 1 hive
a»de a mistake. Wait a little — I will con^idrr For six of the se-
t'^ dam the .\at.<) applan<l«*d, and iiumi lirariii<; al.so applaud-
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24
fvdea shall not have a right to pluck the fruit ; hi the owner of the
fnal liave it. On this occasion Nats and men applauded. This
is also one decision.
In ibis waj Meooo, the minister, in deciding causes, having made
a Aituke in the cucumber case, was afraid to continue as a judge ,
aad 10 be had no wish to cumber himself with a wife and family, he
liclared be would become a Yathay, or Rahan, and begged of king
Hake Tbamada lo be allowed to do so. lie gave his royal perm is-
mom lo Menoo, the. minister, to become a Yathay or Rahan, and rc-
fead/bM/ gave bim respectful offer ings ; and follgwing him in his
fosracf. bore him company, making ofierings and lamenting (his
4cpertiire,) and begging him to think of his interests, ('' to let good
ciMe to bin.") Menoo continued his journey to a stone cave near
the perfect atone cave in the hill near the Mandaginee lake, where
other YatbajB enjoyed themselves. Here he remained subduing his
lot and other passions. In this place, daily fixing his eyes and
tknightfl OQ a piece of earth (as a represenialive of the whole world,)
aspen and four fingers broad, in color like the young morning's sun,
and repeating " Pat-ta-wee, Pat-ta-wee," lie obtained the first Zan
[A] in proper order, and ascended into the expanse of the heavens.
On the boundary wall of the (world or) solar system, engraved in
letters ae large as elephants, horses, buffaloes or oxen ; wortny of the
ion of tlie wise ; fitted to cause pul-ity and lead to happiness ;
hieh the roost difficult decisions are given, by similar, various,
•nd extracirdinary rules and precepts, he read this Damathat, which
ii the guide of wise and good men in their decisions ; having copied
a, that throughout all time, in the entire world, good might arise,
ke gave it to the king Maha Thamada. These are the laws that are
eonuined in the first volume of the great work of Menoo. This
kook of Menoo is worthy of all respectful offerings. Study till it is
IM by heart Men who habitually reflect will have excellent wis-
4cNi, and their reputation shall not perish in all future time. Stu-
dy * — it contains all wisdom — it embraces the wisdom demonstrable
to the senses — it is overflowing with the essensce of wisdom.
END OP THE FIBST VOLl'Mi:
The la»t few lines ha*e a mixture of Pali in them which renders
tbfir literal translation difficult. The above, is however, the tru*;
vcaoing of the scutcuce. — Translator.
25
NOTE OF TRANSLATOR.
[A]
Zan o^D^, inind^ (things remembered.) There are four
states of Zan ; 1st, ooocS, thought or desire ; 2d, 8(>oq, reflec-
tion ; 8cSj joy, pleasure ; 4th, o:^z>y happiness, bliss ; and acoo
000^ permanency, immutability, — all of which enable the pos-
sessor to traverse different worlds. In the Paramat, the third
and most precious volume of the Boodhist scriptures, which
contains metaphysics so deep and abstruse that none but a
Rahanda can understand it, these states are explained ; the
mind^ its operations, matter and nicban^ are discussed, and a
story in illustration of these four states of the mind, is record-
ed, A man sleeping at the foot of a mango tree, with his
cloth over his head, is in a state of oooS, unintelligence. A
mango falls on him and awakes him ; he is then in the first
state, or oconS, or unsound intelligence. He then considers
what can this be ? He is then in the second state, or 8ooq.
He then puts the cloth off his head, and looking at the man-
go he approves of it^ and is in the third state, or 8c8. He
theo takes it up and eats it ; it is sweet and pleasant^ and he
is then in the fourth state, or sqo ; having eaten it, he is in
state of great enjoyment, blissful repose, the fifth state, or c
C50gOOO.
LAWS OF MENOO.
VOL. II.
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THE SECOND VOLCME OF THE
GREAT WORK OF MENOO.
tip ike god who is worthy of homagi
ii9€ knowledge of good.
CONTENTS OP THE SECOND VOLUME.
1. Inuifmate things which may or may not be left in deposit.
2. Afttmate things which may or may not be led in de|;M>sit.
3. The case of the Braroins, the Rahan teacher and his pupil,
decicled after enquiry as to the deposit.
4« Ahering the appearance of bufialoes, cattle or men, the pro-
perty of another, and selling them ; also selling or buying them with-
tmt alieriDg their appearance. ^
5. The theft and sale of children, or slaves.
6. When buffaloes, cattle, animate or inanimate property, como
wto a (house or grounds,) or are found, in what cases (the finder
ur owner of the premises) shall be considered a thief.
7. \m case of finding a pot of gold, when it shall be divided, and
when not.
^. After a revolution or change of kings, ihe four suits which may
be prosecuted ,^t he five which may not.
9. The law regarding six kinds of gifts.
10. The law for the rate of wages of carpenters, according to tlieir
»kill in their craft.
11. The law regarding servants, and those who live by hire.
1^. The law regarding agricultural servants.
13. The law regarding ferries.
14. Cases in which the several people travelling in the same boat
are responsible, when not.
15 The law regarding taking dues by guard potitb
a
IG The law regarding taking toll at gates.
17. The law regarding collectors of bazar tax
1^ The law regarding washermen.
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28
!*• riie law rejTarcliiig remuneration lo doctors.
*it» Tli(- law rejrarding pleaders.
l\ Ttie luw regarding breach of promise.
•i"i The Liw regarding herdsmen.
*2rl The law when brutes injure each other from the violence of
'tifir lii>u«.
'21. The law regarding hiring buffaloes or cattle.
•i* The law regarding the hiring of carts.
}ft The Isw regarding hiring of boats.
That the>e twenty six laws, on various subjects, laid down by the
Tecluw Men<Mi may be known, I have given a list of them. First
<•( all. he made known that the unjust judge shall suffer punishment
in hell with hi^ head downwards, and the just judge shall arrive in
\\n Nat country and obtain nicban.
l*f inantmaii things which mm/, or may not be left in d( posit,
K roan «fio di>es not give himself up to the dominion of his cove-
ti»u»ne*?. nor of his anger, nor of his fully, nor of his fear ; and who
I- iiitclh-feiit . — with such a man gmxls may be deposited, lie must
luw the M!\f*n t'olhiwing qualities; — he mu.»*t have much property —
V of jr.KMJ family — a strict performer of his religious duties — a teller
•f ttif truth, — he must not l>e a concealer or destroyer, — he must be
t-f— {Kri.u« and happy — and he must be held in general respect. With
tti^ man who i< remarkable for any of these seven qualities, goods
'.■»if W drp«»«ttrd. Nevertheless, if he be covetous, vindictive, a
'"»»rj. r>r a f«»ol, any of these four, goods shall not be deposited
J6
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29
With liiiu. Only when the four opposite good qualities arc p0ijsc^•se(l
hy a man, shall property be deposited with him.
When any one deposits property, gold, silver, copper, white cop-
per, tin, lead, piece or rolled gomls, salvers, goblets, cups, or any
thui^ of the kind, (hey must he shewn, and the weight, eo many viss,
M> nnny licksils, (noted) hy the master of the house. After hav-
me thus shown, and tied them strongly in a bundle, sealed, marked,
and put them in a chest, in company with the owner of the house,
they fhould be placed within the brick part or the body of the house,
haTin^ agreed with him whether they should he placed above or be-
loir. When the owner of the goods comes for them, the seal and
fnvk«, as when delivered must be shewn, and they must be given
01 er.
If lhe«c terms arc complied with, the owner of ihe hou^e must have
ten per cent, for his services.
If when the property was deposited, one, two, three, four, fi\e, six,
•eien. eight, nine, (»r ten persons were present, it should he return-
ed when aill the same party are present ; and if all the depositing
party are prest^nt, it should only be delivered when the ov. ner of the
hou«e. and the party who received it, his wife, children, and step
children, are all present. If one of either party shall have die<l, or
I* «•»! to *.e foufifl, let Lis relatives, rormoctions, or friends be cll-
fd. aiiJ then iht property may be deli\ered and received. If he !irivc
no r*^!iii*ei», connections or friends, the 'I'hooghee of the district,
the eider>. Ilahann, or respectable men should be called, aful in
th^ir pre-ience, thnt ilit- trRnsactiou may ha\e publicity, let the pro-
perty k>o d«'li«ered and received. If the transaction is ctuiducied in
this wa% there can be no disputes afterwards. Thus Menoo, the
Mge rerlu*e, the son of the kin;( of Bymahs, ordered.
If the h«»ui:c of the recei\er of the properly, and the pmpcrty br
korned if the prcpertv l>e stolen ; or if the king in his att^er ^li.ill
d*«tri/« i»r inke |M»shession of it, and this be proved, let the ownrr
»u§rr %h^ hi**. If de|K>sited pr(»perty be iM*f s.nfi» in the hon>< , if
there tie ■ known disturbance iti the district, or if it be remove<l to
« Uai, the owner must be called and the pro|»erfy rcniot('<l in ln^
j»fe«<-nre. If the owner of the property b«> within call, an<liftlu'
t;ili;;e !#e on tire, or attacked by robl>ers, and if, before the receiMT
ran rail hun. in the hurry of removing it to the boat. tli*> boat np->ct
and the prop«r(y l«»«il, let the owner bear the los> : but it'thrre be n«>
•'i-i»irb,»n'*e m the tillage, no tliievc« or robbers, :uid ilie r«rei'. 't ot'
■ • (•mil 4f « ord r«*iniived it t'loin one pbice to nii<»lher. mhI iIm hi <t
*- .«!•-• t «r wret kftl. e^en if his own pn»|M»riy b#* lovi, be h : re
nw it«I the depo:*ited property from th< place in \ihieli itvWd- put
>• *>tn if.jk' t'<»*xl h:»lMh#' \alue. Il bclorc hi« ovn pro|>^rt\ %* ;•»
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30
::«4 luto the boat, and it is certain the deposited property was there,
the Uiat upset, sink, or be destroyed, let him make good the whole.
If the property of the owner of the house be not stolen, and the
depoi^aed is, let the receiver make good the whole loss. If at the
time the dc|K>!«it was made both parties agreed that the properly
•hould be placed within the house, and if it be stolen from the place
ibcy both de|>09ited it, and if the property of the owner of the house
be alM> »U>lcn, let the owner of the (dept.sit) bear the loss. If the
property of tie receiver be not stolen, and the deposited property is,
let the receiver make it good. Though it is thus said, if the thief
did not know or pick out tlie property deposited from that of the re-
ceirer, but took whatever he could get, and the property was stolen
certainly in the same place in which both parties had put it, and if
It really has been stolen, the receiver is chargeable with negligence ;
let him bear half the loss on that ground. If it be not stolen, but
rc»hber? attacked and destroyed (the house ;) if this be notorious in
tl-e diHrict, though the property of the receiver be not taken ; if
wlien the robbers made the attack the neighbours knew it, and on
their calling out the robbers made off with what they could get,
there ^hall be no claim on the ground that the deposited property
«ifiW wa> taken. It is an attack of robbers; let the owner of the
property bear the whole los:*. If it be said that the property was
tiken by robbern, and the fact be not notoriously known, let the re-
ft iver make it good. If at the time of deposit of the property, the
««iK*r and rectiver ai»rced that it should bp placed within tlie house,
UHi«i'jii It* pr<»per place was without ; or thai property who^o place
t< under ih«- hoiiM*, >hould be placed within ; an<l if it be n<Uorioii*<:
. . *t .-^ thet't wa-* riMmiiitted in tin* lu)U>o, though the pr«)perly of ihe
I »rji r !»*• i\**\ taken, if it u.is not picked «)Ul and left hy the thii-f :
• r tM* i»%%:it*r berir the ios.4 of all that in said to be stolon.
It ih«' ouiior «»f the |»r« p'^rty, after haviii^r borne the loss on this
1 ••1. *riill di'*ci»\er his prtipcrty in the po*<session of the o\.ner of the
!.'',f. iiid It he ricar that hf ha> st'crtied it or has sold it, Irt hiiii
ft** f u\v lnl«l, aii<l let the «»\\ner of tin* goods receive hack hi?*
• r.^ifiil prt.perl^. On consideriiii; the rirciim.^itances of tlu* case,
:i*.i uiic' :i h.df l.'hl may al-o he • rdered to he given. If the de|»o>ii-
• •1 pf.^H'rt) Ik' not known to he »^i«»leii, but be only said to be lo^t ,
I? iiif pr««|Krtv of the owner of the h<»use be not lost, let him replace
t It •hall not he reckoned theft. But he is not a good man ; let
hitri t'< '.t lU expnise.-* (»f the Mijt. If property that u.is nt»l depo».|i-
• i «* -.id !•♦ ha\" hi-eii ^o. and c.iiiiii»i h*' pri'Mil, lull it i^ < lear that
.? A** ffil «!*-p<>-iied . h-i Oh- partv claiiiitng pay the aiiioiini he
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31
If the receiver who has had property deposited with him deny it,
and it be proved the deposit Has made, let him pay double.
In a dispute whether a deposit was made or not, if there be no
witoeue?, and the partif-s he members of the same family, on inti-
mate terms, and the depiMiit is said to haxe been made uitthinkin^ly,
when the parties were by themselves ; if the property said to have
been depots i led be gold, silver, or gems, and if on enquiry further,
it appear probable that it is worth much more than thirty tickals of
nher : let them be tried by the ordeal of water. If the owner of
tile property gain his cause, let him receive double. If the party de-
njwg the deposit gain, let him receive fnmi the rther an equal
amount tf» that sued for. If they be descendants of a common great
iramMaiber, if the owner of the pr(»perty gain his cause, let him rc-
ceife what he claim ; if he lose, let him give one half of the amount
claimed to the person complained against. Let the unsuccessful
party pay the expenses of the suit. If it be admitted that the pro-
perty wu deposited and made use of, let it be made good, but there
ffball be n4» fine. If the property deposited be grain, cnpper, lead,
tin, sesamum seeds, cotton, piece or rolled goods, not one, but fifty,
MVtv, or a hundred, and the deposit be denied, it shall not he said
there are no witnesses. There must be the people who carried them ;
let them be produced to give evidence. On the plea of there being
no witnesses, the case shall not be tried by the ordeal of remaining
un«i«'r water, of chewing rice, or dipping in hot lead. Let the com-
piaiuant be non>uited. If it Ih; f(»und on entpiiry that one person
ini^hi hate carried the thing said to have been deposited, and the
pirties are of the same family, let tiiem be put on their oath. If the
i>«bfr i>f the property will not swear, let him pay «>ne half the
iincKint claimed. If they be children of the same father, and the
p^f»*^ who iji Mid to have accepted the deposit will not swear, let
hiiD pz} the amount claimed in full. If the property be above the
I alue of thirty tickals of silver, let the case be tried by the ordeal
4»f • aier.
If the dep<»sit be admitU'd, but a bad artich* have been .^ubstitu*
ird f*ir a c«H)d, a small for a large, a long for a short ; and the re-
eeirer shall declare them to U; the property originally deposited, in
thr presence of witnesses; and the owner sliall deny it, (admitting)
Xhit the clfHhs, the weight, the number, the kind of goods, are the
>4iie. b^it (denying) them to be the goodn deposited ; and if it be
pr<'«ed that the original property has been sold, secreted, or given
>«..«. whi-ti iMie {H>rtion m discovered, the owner shall have not oiilv
ttui. biit all that was really de)>o>ited, and all that the receiver
»iifr«« a<* II, lM.*causc* the receiver m not a respectable man, hut oi:e
mtitjte good reputation is lost. Thus MeiMM> hath said. What wo
iiiie now laid down refers to inanimate property
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^0890g08u1i3D^8adCo9i a^890o99^30^i^O8B0d00oS9Oi O^
ogocSoggBCogS^t^osc^gG^cT^aD^B O£^otcoo2t od8c^8cgdocSj^
Joo^«BOgao8oc>o8iOg(yQ8cx)8ff6roo^8B oc8om^o80D08i oo8stJr
0033^0 G^^8CG|^cSQ0do800^8i O^^0800^^8od^i j^8qoSb Og
^08 00^^80d^8i jSo^tS' j^8»oSb Oc8ogD^08d[^ 0^^8OO^^8 cli
a2|6'i^o:>o8icgd^9^oocx>^8B^oooS^OBO^^o8 0ooooS^8iad^8
Co1S8cH8O^B0g^O8CX)80o9^8B ^^8^(^188 ^SsOoS'cHsCXJJcS'l Oc8
ogg^o80Ddoo5'^8ad^8co188cl8aoaSia^8f«Gl880d(§8^otog8go8
32
2d, Of amimait things which may or may not be left in deposit.
Oh, eicelleot king ! besides these, I will uow lay down the rule
as regards animate property, goats, pigs, fowls, buffaloes, cattle, pi-
geons, ducks, cyroses, horses and elephants ; when these are depo-
nied, if they be lost, and the property of the receiver of the deposit
be Boc, let him replace them. If the property of the owner of the
pen or enclosure be also lost, let it be so. No restitution shall be
made If tbey are lost from the place where they are taken to feed,
ihoi^ the property of the receiver be also lost, let him make good
€«e half cf their value. If the owner of the fold, the receiver, 4I0
MM Umc his own property, but only that deposited, in making resti-
tsiioa it must be considered to have been lost through his careless-
mtm. If the deposited property be said to be lost, and the owner
pffove it to bave been sold or concealed, when pigeons, ducks, fowls,
cymses, or any winged animal^ are thus sold or concealed, let them
be restored one hundred fold. In this way the egg of a fowl is va*
loed at ooe pai (one sixteenth of a tickal,) of coarse silver ; of a duck
A the ssme price ; of a cyrus at one moo (or two pais ;) of a pigeon
ai four eacs (or half a pai.) Let the owner of the bird have one
hundred lioes the above amount (relatively) as forfeit, and let him
have also the lost bird. If it be not recovered let him have its va-
lor. If decoy fowls, or partridges, or parrots which can speak, (are
thr loimals deposited,) the price of a decoy fowl shall be thirty
iickaU of silver, of a decoy partridge twenty, and of a speaking par-
f<iC thirty. Let this amount be paid, by the person selling or con*
cealing them, to the owner.
If deposited bufTaloes, cattle or goats, be let out byjhe receiver,
lur hire, for draught or the plough, and are not lost, and do not die,
l^t the hire be paid to the owner of the cattle. If they die whilst so
bired out without the knowledge of the owner, let the receiver pay
du«ble their value. If they arc hired out into a different district,
and die there, it comes under the head of fraudulent concealment.
What IS said of making restitution in thirty ** large and small
hool*/ for cattle (made away with,) there are three descriptions
or cliifn " Waitsa,'* " Damma," and '* Ballie-wota." The Waitsa
are caltev, still sucking; the Damma arc gelt, and large enough for
cama|;e : and the Ballie-wota, from the time they arc fit for carriage
id I old age. The price or value of a waitsa is half a tickal ; of a
damjua two and a half tickalii; and of a ballie-wota five tickals. This
f «hal IS 9aid of their value in silver. And as regards the forfeit
for theft, the price often waitsa.*< \s fi\e tickals ; of^ ten dammas, is
tvcstV'five ; ami of ten bailie- wotas fifty. The sum 4»f these three
I* the'aoiount of the (fault) fine. And what is said of** thirty large
soull hoofs " amongs^t cattle i» these three classes, and eighty
o
??
aapSgafiSoo^i cosc^Siaot^t^oi oSsjpcSiCoicn^ei c^
oo^iiooocScgso3!oooS«G3oa3^f^«Sm60scei sSi^^ocof
oa§scgj6«cSd5o3^'tB03c^s8tyco^r^cl<a3oS'^33^» qSogS
c»oS(^!oo<;5o^ca^oDo«isBJ§goisS(yo:jcoo!ascS!r^^a3§i£»S
«(^^rD«03f6'<»spogS' egcliooojoioo^ii jScooSdlsogot sSJoS*
gS^Soscot^cli sooSiC g }8aooS'cl io2<y ■ 090 oSao90o§}Sa^i^}8
cos tSiS'^o ro^ioai^StcD^sajguQouS i^D3?t§Sca3o^SG|^e an
^£ico:^i33cQ&i|Saococ^cogSc« .Qai^eo lo^c^r^i W33 c$u»3f I
rg(£^33oSeos33^< ^^eossSg^Sefi^Si Qsooc^mc^^^osg
cgS cooc5ecO|SeB« u33oSwe3iu(^up(^i uc1i(.coit»s^i^ cooIsq
C03ti98ir>gS^ue(g33^rSi330Sest33pSi(^oc5co3<33§a2g*^^
G^C376l88g(^cQSt03a3l^SlCOcSs(;tC»(p d3 C^S ir^<g |0 jjSs^CBi
)!^33^g£ir^3£aou1ic§cuij'1i^§C{pi itoau^cSs^'Oot <x>9t(^
|S8isojjScBi oofz^tg&iGjSiOT^eeos^u^oiacgo&^&iOaG^St
i^Sjcii2gi^i(»^d^tooorSg£ij|£coe3>ce< wccoco^SgEti^i §£t
jfSc2e»^id^Str^8t^Sico30i3»ar^§Stj)SciStc^fieiqSg8ir^i
oss^Joxjlic^coijl" § cojcoaSi gSidfoaoonScliSioj^cpl" ejjis
gSiclto^tSi oscoii'gEicnsoufcliagtri c^£s3cooS@Eic^i90o5i<^&
0300oSg8lclia3O?i qEo300oSg8t t»3cocD§So3ao^« CjSogSl
33
tiekils, ibeif price, is the amount to be levied on the offender. Be-
sides this, let the price of the dead bullock be paid. Of the fine let
the owner of the bullock have one half. In the case of buffaloes and
foila, nbeo they are not sent to another district, the rule is the same
at minh bollocks. If they be sent and concealed, lost, or hired into
iMiher district, a young bufialoe just born is valued at one tickal,
1 middle sized one at five, and a full grown one at ten tickals of
filfcr. The price of five young ones is five tickals ; five middle
uxcd twenty-fire, and of five full grown fifty, being a total of eighty
tickabi Thus of buffaloes, fifteen " large and small hoofs" is the
iae. Of this, one half, or forty tickals, shall be given to the owner
ctf the detd buffaloe. In the case of goats, the price of one is half a
tsekai of silver, and the fine is said to be fifty goats ; one hundred is
abo said, bat this applies to milk goats, and fi(\y said of males, Bur-
■an or k>reign. The fine for all female goats is one hundred goats,
or fifty tickals of silver ; which is the half of twenty-five : for one
midc goat, fiAy foats, or twenty-five tickals of silver; the half of
wbirb 19 iweive and a half tickals. This (the half) let the owner oi
the foat have. This is only what regards the fine. Let him also
h«ve the full price of the dead one. Thus Menoo, the son of the
kine of Bvroalis, the sa^e recluse, hath said.
If the receiver in deposit of the animals \^e have mentioned, shall
adoift that he has killed and eaten thein, let him pay double their
price. If lie has killed and eaten them and deny that he has dune
w>. and It be proved, let him make compensation in one half of what
we have laid down above. If they have not been killed, eaten, se-
creted, lent, given away, or sent into another district, but have stray-
ed away and are lo«t ; if the owner sue the receiver for killing or
tecreting them, let him pay the amount he sues for, and have bark
hts cwn property. If a deposited horse be lent or hired out, and die
<ir r» leal, let two horses be given for him. It is also said the owner
»haf I receive his property price. If the receiver of the deposit ad-
mn the fact, let him pay his full price and half as much again. If
he be not dead, let the owner have him back and have the full
umamnl of him. If he l>e sent into another district and die, regard-
!•! the price of fite horses it is this — a foal, just born, is valued at
five tickals of silver : a middle sized horse at fifteen ; a larger one at
thwty, and a larger still at fit\y, and still larger one at one hundred
txhala of Silver. Of this let the owner have one half, and let him
aftfto hate the full value of the animal. If in a time of famine the
reeeiver shall admit that, pressed for fixMl, he killcnl and eat a hor.*<p
with him, let him pay his full valuti^ and double the value
g&to3d^tf:^cutCBiaagSog£co^i}Sa3o:>cSc2*^'}^°'^°^'>^=i^
o33ii=^i£o<^gS>cB!33c»c5co^!i ■oac^JeoossoSr^io^cooli
cQ&t cotc»i 03§&egc1t sooSco^a^iw OdOSuSc^of f^tooy
root! «»cBSuoc5S8cs3oi aa^icuTsijrboSQotcoooc^o^cocott
cos^Si gsci^&to^Sicoe^ euteei (n^<x83339co^ao£ j8»otc»(n
qpSa soSooStcSi i&SisSSSie^oS* soSo3o>cjji»> ciisooffooS
^C003E^>^3Sic8i5'cgr^l 33(^jsC333=^-§j]8^3gSta3(r^*
ctjpcSso^G^^i 03a>(^r^Se8^(^^£i(^>joii^(^{»G^8is»d^a»
oSaSicj^eai g3o1(i^ti a8^ccO|Scet (^^3g3ul£6too^^8) ccao
ooc^i ftot^3go(j1^ioof^Sc1tf):g<^i (S^^cnf^Si |&uoSdBi
jeoao(^i^3t>s8^c^rBoaG^£cou1iego8ia]:>t^cgt^oo^i^
oil c^Sicoste@7SK^^^j^^Sig3u)cc5i ccoi^ Scc^Ses*
^QCt> s^ccnSf Ji
epalijC339ggod^g^ffutc{p|i:2o8i:^oo&§Sc{paliJ32^9iO»(n^
scoeooatSj sco3gg3r3cu<c»> uoceioai^jOKotscoot^t S ^
u3i8SsSc^B3ecooi egscooroi efCboc^cfioliasc^oEtrSoacS
Gc$«093u8s^ti c^ic30oa33lieoefCf3a3^^:§*^^3t^|&
o3S|^ci3^w£i^i<lgoo^co§(S£|i^ecocS i^tccnoStosotccM
^^1 cgc^nSef si3300^i eocuooc^oocf SuG^eoit coo; s^s^i
34
■ the fiae ; as regards double the value, it is meant of (the average
fiiiie) a thirty tickal horse. If a deposited elephant be lent or hir-
ed to a third person, and he shall ride, load, or put him in the
pkNigk and be die, let his full price be paid, and fif^y tickals of sil-
fcf may be inflicted as a fine. Why is this ? — because it is a large
and remarkable animal, and cannot be secreted. If it be not dead,
lei the owner have the full price and amount of the hire. If he be
hired oat of the district for burthen or the plough and shall die, let
the receiver pay his full price and one hundred tickals ; that is be-
tame two are to be restored for one, and an elephant just born is
raised at fifty tickals. On this ground (one hundred) is laid down.
If he do not die, let the owner have his full price and the amount of
hnt fer the lime he has been worked. This the sage recluse said.
If a person who has received buffaloes, cattle, or goats in deposit,
ikall make them over to his creditors in payment of his debts, and
ny tkey arc lost ; if this be proved, let the owner receive them back,
and let him receive " eight large hoofs " as a hire. A " large hoof'
bnffaloe u valued at ten tickals, a goat at half a tickal, an ox at
fiv« tickals. At this rate let the calculation be made.
If the above animals shall be removed into another district, and
the receiver of the deposit shall say they have run away, and it is
proved that they have been removed, let him pay a fine of four " small
boo6/' and lei the owner have back the animal originally deposited.
This the son of the king of Bymahs, the sage recluse, hath said.
in any city, village, or country, when property is deposited, there
most be witn(-9ses ; and also when it is returned (to the depositor.)
When the depositors and receivers are all present, let the deposited
property be given and received. I will relate a case which is beau-
tifiUy to accordance with the sacred book, the customs of the world,
and the orders of princes.
.V. TTu case of the Bramins, the. Rohan teacher and his pupil,
decided after inquiry as to the deposit.
Oh excellent king ! in lormer times seven Bramins came from a
distant country to Benares, to exercise their calling of wandering
■cndirantit, and took up their abode in the house of the king's gar-
dener By bec^ifirr they obtained six hundred pieces of silver ; but
as thii was nut one hundred for each, they made it up into a bundle
aftd <lepoaited it with the gardener's wife, (saying,) "this is the
?5
evoocSfcaou sqosS^cEzu^i^^ coot\& ox^TutnccoocSre
dSi c^:^Q^anS'sa35i goo^co^t^c^^tijjgBicoS'fScoicoSi'i
go3^3:>^co^t<2{goisgoo5'cc»oc^c§^(5'coS»^r6g£cl<^(^^
ceajcoc^oafT^i^ggoicoSoa^ioa^SigoBgco^ic^cDSg^i^
o^SogScoo^oj^ oDcScoJoo^r^ugEolccoo- DgSogSscKSc^
ccooojfi^aSi g CX3 ^oDgco£oc»oit§ cog!<2^o»cg CO c^taJoagriS
gS^i GOO^c^Qaf^^ooE^t^ ^coDOgg^a^'^c^oaoigSeuic^cSc^iJi
^{goicoSco^ gg702<yc^O|2^og?tccodBt ^^3tsgsoSca>9(^c8
cogj^jgoicoScoacoJcogrfigScgS wcc^togoi j§ccodli i^oicuS
oagE^Siigooo^g^^cuio^tf' go3^3ogccgj3s^£t^roi osojjS
cuic8c:5coecr»&>cc333gic^^oico5'coooEte^co^ta£ocp3t
co^^SceojcooSooiS'sM^e^oE c^oS^^'^ joaogliJdgco^
§u^B^cKid^»o3oir^^3t^£^^Cj:^c8i£iic1c^ci2C|ja2ue«i^§9
wcocSecooi c^:^8^Ci^r£ goQ^33^i clc^gsorS o^3tcu£o3
cu33nSa)§icc»3£tc^^^r^coic^c5eo»£i!)|cc»o< gus^ooSnS
OKsj^ic^o^oJ' o3^iaDSo5ajooqocr>d8u£i^fcgcgoi@«o3(^rfi
O3S[>CK>08w£l^tC0^tgC»§D3^|S^^SSC§CO3C»^r^g£og£ga
35
property of us seven ; let it only be given up when all seven are
present'* The gardener and his wife bound themselves in a firm
promise that it should be so, and the seven Bramins went away.
One yoang Bramin left his shell in the gardener's house, pretending
to bave forgotten it. When they had gone a little way, he said,
*' vait here ; I have forgotten my shell ;" and returned. When he
reached the bouse, the gardener immediately asked the reason of his
retom. He said, " friend gardener, my friends say, * we may, or
ve ouy not return here ; our property had better go with us/ and
kaveseot me to bring it. I have come by their direction ; make
kane and give it to me." Thus he demanded the money. The
gardener saw the six Bramins stand waiting ; and they, under the
iapreasaon that the young Bramin had forgotten his shell, waved
tJieir hands to quicken him. He said, '* friend gardener, see my
fhends wa%e their hands to hasten me ; make haste and give me the
mooey." Thui he said ; and the gardener and his wife, seeing the
ocber Bramins wave their hands, believed what he said, and hastily
ifare hioi the bundle that had been deposited with them, and he hav-
mg taken it walked quickly away. The six Bramins seeing him
coming, did not wait, but walked on. He pretended to make great
haste, bat having left the course of their journey, hastened away.
The others, not seeing him coming, went back to the house of the
{gardener, and enquired thus — *' oh friendly gardeners ! did not the
liHing Bramin come back here ?" The gardener replied — ** my mas-
irr», the young Bramin came here and said he had been sent to
make haste and demand the money ; and as ye waved your hands to
hia, we believed him and gave him the bundle : and on receiving it
he wmt away/' When the Bramins heard this, they said — ** we
did nnc send hiui back ; he said he had forgotten his shell, and re-
taroed to bring it. Did we n«>t ^ay, * the siUer shall only be given
dp when we seven are pre?<enl ? In not this true ? — and with these
injiractions, did you not consider if it would be right to give it up
lo the young Bramin alone demanding it ?" So with this they went
beibre the king of Benares and sued the gardener. When the king
•4V the gardener and the Bramins come — ** what have you to say ?"
— thus he put the royal question. The Bramin.^ represented the
c^ooScodliQOOocpoiOQSs^siOdng||(S'c§^^os^|ScoooQSoDgS
gCX)^OD^^Oc)^ g|O6|^COD08885cX^0y^^C§35C6[«C§OD^0^^0t
C00Ss^OcSQligOD^aD§CX>SQO0OSO3CX)^8i ^o8sooScoj)ocS(^dli
GdjiSoSs'^si c^^|8ccx)oo9^'^co8oj^^ Jcooo^oogSTi J ^^8
oo§^cog8§o|.cn<§o|oongo1«©@^§ojc^aje©c§c£^<^^^
cog^coooo§ij|8(^jgo8c§cog8<^ggo8cc5c8c3^Scq8 o^\oocScoS
oo^^ScoDoc^oS<^5go«coSc^c^|J«o8c^c5cooo^ic8:§ggp«^
co8|S d^ocjoSi qSs c8<^^o< co9 ooqcoocSco^ cooo8to^g^6pt
goo^ca^^osc^oDgi gCX)^'cX)^^08;ODgl(^ggOt6QocSQCX>OoS
006(>ODd8»Sf^<8§COoS^cSBg00^33^Co8ocX>OIC^C0^8^ggOt
C§ggOC^QCO«6|^OOoSc030cQoS 0^0* cGooSccX)OcSc§ rf 93)^@^
o2^(jiff^j|gc^oS^i§cx>oSccoSicoo^oDg(^co^<cggco9§8ooo8
^oosoo9|8|8^cooSc3oS c^8co9cog8^:§s»2(£i o^oocooc^ogi^
^oscocSii d§eoD98r^c^ico9^08cg8c^8Co9co^8ogog8^8^
36
cut to the royal car thus : *' Oh exalted king and ruler ! we seven
Branios eame from a far country and lodged in the gardener's
koose. By begging,- we had oblaine<l six hundred pieces of silver.
At there was not one hundred pieces for each, we deposited it with
the gardeners, (under an agreement) that if we seven were not pre-
sent it shoald not be given up, yet when we were not present they
fare it op to the young Bramin deceitfully demanding it. Had they
aiy right to give it up ? That we may receive our property from
the gardener, is our business." The gardener and his wife replied :
*' Oar lord and king ! the Bramins said, when they deposited the
property, ' when we seven are present, give it,' and went away.
Wheii they had proceeded a little out of ear-shot my lords the Bra-
MM stopped, and waiting, sent back the young Bramin to bring the
Krty» sayinff, ' we may or we may not return here' — the young
in retarned, and seeing the others wave their hands to quicken
hia, yoar slaves gave up the money to the young Bramin. Never-
iheleM, my lords the Bramins wish to obtaiu an order that the mo-
■ey Bay be restored to them." Thus the gardeners represented to
the royal ear. Having heard these representations, the king of
Benares fare his royal orders : — ** when the Bramins deposited their
property vkh the gardeners they said, ' when we seven are present,
the property ; if we are not all present, do not ;' and the gar-
have given it up to the young Bramin alone on his falsely de-
ing it. The gardeners did not understand that it would have
proper to go to where the six Bramins stood and there give up
the property. Let them nrake good the property of my masters the
Braaini.** Thus the king of Denares gave his royal order. The
oer and his wife, not being able to restore the property to the
IBS, became their slaves, and worked for them by turns. Af-
ter a length of time the gardener's wife had a daughter. When she
vns ahont twelve years of age, she enquired thus ; " whilst others
affo the slaves of only one master, how is it that my father and mo-
ihtr are the slaves of six Bramins, working one day for each by
V* Her mother and father told her both sides of the case ;
she " caught a wise device/' and Atid, " from this day do no
?1
a>3tc^^3t^Scgtcc»s^c^£t (^^otegoc£coc)3c£<§« oao^oa
830coooSa>3c§rS ocSsoSse^J^ wSi^icSssooS srao* SgcuS
e333033lic1l^^|&SCX»c5e«^SUIc:^O^aS§g^g0(Qgl02C^O3^
«fe)e£co03c5t»gia)0«oxiSisScaooe^oSfig)^wco^j|soaSogE
oocpisoSolo&i ■ej)iaoepc^co3ica}on}co3Ccciu')tc6|8c^icaoS
c6«o(§^io^go3r6ocoi i^:^gcSg<co3S.j)EoSij^iiq^ocaooOi
flK>tu8 833332^°^' Q33ico3tfi(7ab:>i uSi^Ecn^ti n^tfsep^i}
C<^c3£»c6it»3i033isc^3c^i 8cng|!G&i»^j<or^^icc^c6«t>c5
eMtnootoaoonoSi scmEinoS^Soo^ii oj^i clicSeloc&i oast
OOOIOOOTOi CS^^SOO^II d§£QoSG^030ljl6«€l^««c1(^Og|^
a»t!P3 1 f ^1 33 ^^Sf ci:>3C^3 S osaSuEil^Kra Q»3t^u) o£i03cn t
soS^oax^o e§3nSc{^r^ ff^iccoS^ut^i £ang)|>^cosfpi9oEolGia6i
COC[^taoS ^ C03oS§Sg(^£ eg:>c5efC3730933g3r^cSStCCo8f
t>la2^3«s<»Se^3(£tfiu£i^ico^i c^Sgccfecostr^l&asc^
e£oc£e[)ca33a333§3c^c^i^8gcoScoc5ogSco3ic(>gt^o3»aD
dBl*5l^IfO33«»5cir«J^CCOS33St^JgO«g3oSs003(£(§00gC00
6cnSc^3aSaKiog3303e[^i iico^a9cb3a^§icyorSco3Sa&c^Stios
eCC»Etw£tl<2{|j?><^ gg3jJc333a1l(Q(§f|&S(»3o5^^3X>jg|9
C^O^ CX)^C^c£«033CAr^03ng,|(rc^VCOI333l fjSsOOOcS^^
^E^JgO«§ g|OC^ ay^§<^t§ COIolcOGSaS C(J^3ICC7D5«^3CO«t
•scpcDsSuSi^t co^ic:^»o33srS^3te33Spc»^co^:§t3gco9
37
•ore work for the six Bramins." Hearing these words, and taking
tbeir daughter's advice, they refrained from doing any more work.
Tke? anointed her with turmeric, dressed her in fine, white clothes,
and patting on her some ornaments, tiK>k her before the king, end
»be there represented — "My lord king! when the beven Bramine
depoatted their property they distinctly said, * when we seven are
all present give it up/ and now only six of them demand it. Your
date wishes to try the cause in your royal presence. Let four stan-
las !eA by the sages of old, have the royal consideration." She
tbeo repeated them. *' My lord king ! the weak man's strength h
tke king ; a child's strength is crying ; a bird's strength is the ex-
ptfite of the heavens ; and a fish's strength is the water.'' "My
lord's slaves are weak, and beg my lord in his strength to lend us
fix hundred (pieces of silver) to enter this suit. When we have
catoedt ^el the royal bounty be recalled, and take back the six hun*
irtd (pieces of silver.") The king of Benares having placed the
silver m ker hands, sent a royal order for the six Bramins to attend.
When the gardener's daughter saw they had arrived, she went into
the roftl presence, and with bended knees, and her joined hands
f^ised, she thus represented : " Oh, most excellent king, who art an
incarruiioo of the god, and most rich in all scientific attainments,
when these Bramins deposited the property they said, ' when seven
ftre not present only let this property be given up.' As this is the
engagement, we should not now give it up to six. When the seven
are present, we will give up our master's property." The king of
beard these words ; he said, " what the gardener's little
says is true ; when the Bramins deposited their property
i^j agreed that it should only be given up to seven, and without
r^ we ■ aoef t s !e^33CO^i ■ gcx>^ »^ct>S uussico^i c8tc(^cay
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38
tbeprei^nce of seven it should not be given up. As this was the
originil agreement, when the seven are present let it be given up."
TlMia the king of Benares gave his royal order; and as the Bra-
mias could not get the seven present they did not get the silver, and
IqiI their cause, and the gardener and his wife, by the favour of
tbeir little daughter, were released from their bondage to the Bra-
; ibeo the little daughter said ; '* Oh lords and chiefs, take
of this (decision.)'' Then all the chiefs, lords and ministers
-" this young woman is wise beyond compare, and learned in
tke laws, and puts a case with the greatest skill." So they all made
ker ofleriogs of their head dresnes and other things, and she, having
veigbed the six hundred pieces of silver, said, '' by means of my
kird'f favcr we have entered our suit with this money and gained
ow cause, and we again become the royal slaves ;" so she returned
Ike mamty to the king. To this the king — '' because this little wo-
■MB IS leanwd in the law beyond all others, she is most fit and
worth/ Co be nade a queen. When si e is associated with me, the
•ooairf will increase in wealth and happiness." So he ordered the
propitKNis ceremony, and raised her by bithik above his eighty thou-
Mo4 queens. " Prom this, oh king ! the receiver of deposited pro-
part/ ahoold only give it up when all those who deposited it come
for h, aod it should be taken over mcst carefully, and properly.
Tkis the sage recluse Menoo, the san of the king of Bymahs, said."
1 will record an instance where false goods were substituted, and
tbe proper ones recovered.
Ob king ! in former times a Rahan had a disciple called Yahoola,
with whose mother he deposited a sealed packet of g<ild. She hav-
dif tskeo out the gold and put in leai! and copper, replaced the seal
as before, and put the packet back in its place. AAer some time,
wbcn the Rahan asked for his gold, she gave him the packet sealed
M It was. When he reached the convent he found no gold, but on*
\j lead and copper." He was disturbed in his mind. *' When I
dtfositrd it (he reflected,) I had no witness ; if I go to law with her,
U
96
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39
I €18 do nolhing ; how shall I make a case of it i The pure gold I
dqiOMled has been concealed somewhere, and this lead and copper
p«C IB its stead. Gold does not change into lead and copper, but I
will aciat if it did." So he got a monkey and called it Yahoola.
By habit when Yahoola was called the monkey came. He then con-
(oled Yahoola, put the monkey in his place in the convent, and
caoted his parents to be called. When they arrived he called, **Ya-
koola!'* and by the force of habit the monkey came to its master.
When the parents saw the little monkey they said, " where is our
MB Yaboola? " The master said, '' my people's son has become a
■Mikcy. Ib not this him?" When they heard this they said, *Ve
flaecd oor son with my lord to be instructed in knowledge and wis-
oar son Yahoola was a true man ; how can a man become a
Y** The master then said, "the property I deposited with my
people was pure gold ; why should that become lead and copper 7 As
changed, cannot my people's son Yahoola change into a
t" Thus they argued, and a man, wise in the law thus de-
cided : ** The parents placed their son to be instructed in wisdom
«id kaowledge ; he ought not to become a monkey ; let him again
bteone m wimxl The (Rahan). deposited pure gold in the hands of
his pcopie, thinking them honest ; it has become lead and copper,
wbicb It onglit not to have done. Let the lead and copper become
gold.'' Thns he decided, and accordingly they had to return the
pare gold, and the owner having got it sent away the monkey, and
nytaf , '^Yahoola from his state of monkey his again become a man,''
kt restored him to his parents.
In this ease, by this device, he did not lose his property, but re-
covered it. In the case of the Kcven Bramins, as they could not ail
90
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40
ht prodaeed together, they did not recover their property, but lost
ft, ud tbe gardener and his wife got rid of their burthen — for this
retton, any judge in a Huit regarding deposited property, must well,
coolly, and deeply consider. Th«s Menoo, the son of the king of
the Bymabs said. End of the taw of deposits.
Uk, AUering the appearance of huffalots^ cattle^ or of men, the pro*
pfrijf ofamMker, and selling tkem ; also selling or buying them,
triiktmt aitering their appearance.
Of the €•«« m hen the property of another, buffaloes, cattle, or men,
•• told, whether its appearance has been altered or not ; when the
fffopecty of another person, buffaloes, cattle, or men, is altered in
appearance, and sold by any one, (the law) \ihen the buyer and seller
•kail e^oaily make restitution — when they shall pay different por-
t«u«a — aod when they shall be held free of blame, this (Pali) stanza
«<u foftli tlie " shadow."
If aoy oae shall take the property of another, conceal, and sell it,
wheihtr lie knows it or not, and whether he alter its appearance or
flKM, he may be judged.
"Oh excellent king! because it is thus said, if any one shall take
^operty which has an owner and without his knowledge sell it, whan
he finds it out let (the seiler) make restitution according to the na-
tare of the property. If he shall have altered its appearance, and it
h^ CoMnd in hi^ poHsession before he cari sell it, let him make reati-
tatkMi aecordiag to the r«cale laid down (for theft.) If they are
faisd m the pobsession of the person who has bought them, let the
tefer. accordmg to the soak, make restitution. If any one shall
take tbe property of another and sell it, if the buyer get it below its
laJoe, without witnesses, and alter if« appearance, let the seller pay
«ae balf the amount laid down as the fine for thef^, and t)ie buyer
the fall amount of the same. Why '\6 thiti — that ihe seller shall pay
oalv half, the bmer the whole ' It i> tha:i bec8u»e the seller knew
h^ bad Molen it, but did not alter it? appearance, and the buyer who
ffot it below its value, did so.
If tt shall be btnight for its value, and there be no witnesses to its
talc, but the ap(>earance not altered, let the buyer and wdlm eiAb
half the amount taken from a thief
30
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41
It* any niau tnke the property of another and sell it for its full va*
hit in the presence ol respectable witnesses;, and the owner shall
discoTer it in the possession of the buyer, he must point out the seU
kr, but he shall not on the ground of not being able to find him, be
beld guilty of thef\. Why is this? — because he bought the proper-
ly at ita full VMlue in presence of witnesses. If tlie seller be found,
the bayer shall not lose the property ; he has a right to sue him for
the recorery of ita price.
If any one shall buy property for less than its value, and not be-
fore reflf>ectable witnesres, because this is equivalent to buying
foods knowin:; them to be stolen — let him pay half the fine on a
fhief, and let him lose the price of the thing bought. This is when
tbe seller is not discovered, but the owner of the thing finds it in
pi««aeaaton ol the buyer, and he can produce no witnesses.
In case of stealing and selling, and stealthily buying a man, the
fine on the thief is two for one. If any one being starving sella a
deacendAot of his own ancestors, a relalion of his uncle by the moth-
cr'« side, bis aunt by the father's side, his uncle by the father's side,
KUauut by the uu>t)u*r*s side, or any such relation, whether it be to a
diiitani part of the country, or in their own village, it being done
becaujte he (the stller) was in want of fiM>d, they (relatives) shall
oot haie tbe price as for a theft, but let him (the seller) restore the
true child or »lave. They >hall not hase the tine. If the buyer
mz» oiH of the frame family he may l»e fined. If (the seller,) trusting
lofht-re liemg no fine for selling a relative shall sell them, let hfm
rrMore the iwrsiui s«»ld and pay the fine d^r theft with reference to
>.i.n. because he has not fe«»ard for his family.
If anv man. without heini; ^i\en in marr^ge, shall get his cousill
«« mber relative with child, and will not marry her, but keeps oiK
«*f il»c ««%. let him 2i%e a slave to take care of the child.
ir*li#» \te not with child and lie (having had connection with her,)
frfu*c to inaWe her hi?, wife, lie ii tlisrejrardfiil of the honor of hia
tiniili l^-t hini Iw fined one hinidred lickals of pure silver. This
i» -atd l>i<;aii<.4* 1h \\nrs no rei;ard lor bin famil).
.%« ani(*u;;^t near relation^, uheii one has committed an oSeDce
iZ-^Uk^l the king, (irea^m. re!»ellioii.) lie whole family are liable to
:»^3f^hmeiiL TIm* ca**** may he coiiHidrrrd : if the oflfeoce hafe been
ortninitted once, twice and thrice, let the tine Im: as laid down.
In 4 qtiirrel ainon((<it rclati\es. when i»ne has l>een killed, there
9/
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42
skaJi be no tiiic ; lei' ((he oflfetider) 8(ipp«>rt tlie parents, wife and fa^
■iilj of the deceased for life : and if he had debts, let him pay them,
and the funeral expeni^es. By these means he shall be considered
protector of his family.
5/^. The theft and sale of children or slaves.
If one relation shall steal and sell another, they being both child'
Jen of the aame father, regardless of family honor, let him pay the
dnc for iheft. lie shall not plead that they arc children of the same
father. Thi;", the son of the king of Bymahs, tlie sage recluse call-
ed Menoo, vaid.
6tL llTun bmffalms, rattle, oHimaic jtroperiy, come into (a h^nstor
grvumds,) and arc *'ound, in what cases thejindcr m owner 0/ the
prtmifes ahall be tonsidercd a thief.
If toy man shall drop aini lone his property, and enquire of ano-
ther if he ha^ got it, if he has found it uud deny the fact, he shall
kave an ri^ht to salvage ; hut shall restore the property as he found
II , aod forfeit to (he owner aivothcr article of the same kind or
Yaloe.
If a human being be found, let the tinder lia^e one tickal ransom.
If a bulTaJ'^e he found, he has a ri^rht to half a tickal. If an ox or
€*jw, to oue quarter ; if a horse, to one tickal. If the horse, cow
fve bu/r4Joe be <»nly ten days old, he .shall haie no rigiit to ransom ^
k*t the oHiif'r niakc a ^iiiiablf^ return for the Aivof. If the appear-
:%ncr of an animal, which oM;;ht iii>t to be altered, be so, the horn
bc*>krn, the ear cut, (^ an entire anfni.il be i^elt, let the person find-
•og hini pay the tine as a thief. As rrgnrds the saving that a fool-
i«ii Ander may be cnllid a thief, and n knowiiiir thief a Bnder, — in
1^ lime of a scarcity, if a |>crson shal^ liap]ien to kill and eat (an
4iiiinnl,) and admit ti> the- «»wner that he has corniuitled the offence,
let bim pay the value, but tlu:ro sliall be no fine. This is a thief
who uoderstsndn how to have himself considered a 5nder. Cattle
and bufrab»e9 v^hich arc found, should be reported to the 'J'hooghee
••r h#-ad man . but if Lcfore reporting to thcin tiie finder shall have
«va<i4' inquiries thr<»iigh the >i!laue before witnesses, he may use
tb<iii I'tir the pluu;rli, hihj if the owner shall turn up he has 1 right
i-t tfic raii>oui
T^A tn r(i*-t of findni^ a jutt of n'du^ ichm it shall be divided ,
trhfH not.
Ii any one shall find a (K»t of g«)ld, and deny it on t>eing asked by
rtierLiff. (king.) tie rliief >hall ha\e a ri:;ht to the whole. If he
io iMi deny <*r conccil it, he shall ha%e one half If a slave finds
1 ^^ I of •ii.'Id. Ills nia*iter Iiuh a right to the wht^le. If children find
'<it', their parent^ have a right to the \ihole If a pupil Imd one,
Sf« tearh«*r hw a right to two thirds-
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43
M. After m revlutum or change of rulers^ the four suits which may
he prosecuted f the five which may not.
Wbeo there has been a revolution, or change of rulers, in a coun-
vj, there are four ca^es which may, and four which may not be pro-
matliei* Of ihe cases which may not be prosecuted, they are mur-
4ir, obteene langaage and assault with wounding, theft, and adul-
tmj ; these are the four cases which shall not be prosecuted after a
chasfe of kiugs. The (iTe which may be prosecuted are debt, in-
Wriiance, disputes regarding lands the property of convents (church
pcoperty,) hereditary slaves, and deposits ; these are the five which
■ay be prosecuted notwithstanding a change of rulers.
0th. The law regarding the sir. kinds of gifts.
The law whether a gift may be taken back or not. A man can
Qsiy make a gift for one of six reasons ; first, gifts made with a view
If) adrmmtrnge in a future state — gifts made from affection — fromyrar
ofmrisforhau — from folly, — gifts made to obtain instruction — and
gtfkM frna hstful desire.
Of these sii, as regards gifts made with a view to advantage in a
fatnre viate : Property given with this view, should not be demand-
«i hack agaiD— why ? because it hat* been consecrated to the gods,
99
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44
Uw la»ti, or priests, and registered f(»r futurity. It' it be demanded
back. It »hall nut be returned, and tbc person making the demand
•lull saflfer the criminal punishment of six stripes ufa rattan.
Gifts which are made from affection may be recovered, when the
aiection which prompted them has ceased, that is, when the actual
^i^X given has not been lost or destroyed ; if it be so, tiie person
aakiog the demand shall not obtain it, and people will scorn him
for his att<*mpt to recover it
Gifts made throu^^h fear may afterwards be taken back by force,
and people will not scorn the recoverer. Why shall they be so ta-
kes back, and the person takinfr them escape censure ? Because
ihejr were r;iven through fear of force.
If from folly the giver did not know whether tlie gift could be
■rith propriety or not, and shall afterwards demand it back,
he shall ouly have one half Why shall he obtain back one half?
Because he. being a fool, made the gifts in his folly.
As regards gifts made to obtain instruction in science; if the
giver have been taught a science or craft, and have acquired a know-
ledge of it, it is ni»t proper to demand back the gift ; and if it be de-
tnatided back, it shall not be obtriincd. If the teacher instruct him
and be do not learn what he is taught, he ought to recei\c-back the
gift on demanding it.
C^f gifts made from the .Hirenmh i.Tlii-tly cicsiros, as the thing is
a bribe to obtain ?.ii (>bject .^eoretly, if connerti<Mi has taken place
with the riH:iM\er <.f the gift, let all right to the i^ifi be lost to the
jiter. If cc'unf eti««n <lo n<«t t..ke pl;ir<* and the transaction be dis-
C4iTered, lei hmi forfeit om* half on aceount of the (lisijrraee.
In Um>c six gitV, tlu -r arc wii it ou^fhi and what ought not to be
<4>tained liack nirain.
A* rf^jard-* gilts amoiij^.i r.ili ui*^. Ii/raiise they have been made
a9 ioti\e «>(Trrinij'^ by the .^•prinklini.' ol water with rrference to a
fanif** ^tite ef t\j>tenfe, tli.it ihi > ini:»ht uoX to Uc taken back is
«ntlrn in ili»» sa<rrd Wcc-nee 'I'lius thr »ion of ihc king ot* Hy-
nith*. \\\M' *a:;e rerln>«*. "loil 'I'lii- i tin l.iw a^ lo whether nitl»s
th*i*i»- ut *\ !m* rerl.iiiiM ! • r nut
Xhr « nd I'f ill" l.iw a*» t« .' ;«i '1.- w i:'ii .ili im i\ •»! m t\ not be ch-
fPUldetl or mIiI IIIKmI b.-irk
ImA 77.* hiir for til- litti ttt tuif>ii/*i - h,f,^, tit m, rinn' to thtir
I. ;// m t^uir • / ti' f
!!• J .»«iiiij lilt- «li\ I ..ii ••! w .1 :• ..i.: »i^ *-t • u p»in. i \\ hrn any
..i 'j w.'^\.*'- .1 ri III veil I. p;t^ 'I i, l-i .'I: :'. . i\ ".f . i-r tT.K . if th** work-
tt'i' .1 f \- rf thiMii-i ]ve< ( i|M il! > . t<.' \ ii :. !l i ri>'>i( ( > >li.ire in the
r»ire
Oh km^. a* It i« thu' ^.iid (in Pali.) il any ni.!i). wi>hing to do a
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45
work of meril, with refercDce to a future state, shall make a convent,
u iiBtg€ of Gaudama, a pagoda, an nrch for the reception of an
mMft^ a bridge, zayat, a many roofed religious edifice, a we!^ or a
lank, how shall die people who engage to do tlic work divide the
kiret Ic is thus. The head, or chief man am(>n<r$t tiioru, ifSie
fthall work along with the men, and be a <;(K;d dirt^ctor ; Ifite ^i1viii
MS diligeiice and encourage the men to labor, tshnll f'ccivc donble
; all the others shall t>e paid alike. But the hf^ad mnn shall
tajiog, " I am head man in this work/' keep back any of the
of kis men. If he do so, he shall be punished. If during the
of ibe work, the wife, chiidrcu, parent? or relatives of one
of tke workmen tihall be in distress or dilFiculty, he shall inform the
head mnk and his fellow workmen before he Ieav«:ti the work. He
oagbt not to receive his subsistence. If he return in one, two, three,
or tomt nr five days, there shall be no deduction made from his
wage*. If he he al>sent ten days, or half a month, it becomes a mat-
ter Cor CO— ideraUon.
If oac of the workmen shall l)e really sick, not shamming, and
rooljnoe to do his work, there shall be no deduction from his sub-
«Mience.
If one «haT1 not l>e able from illness to work, he shall not receive
bu tub^iMence, nor shall he receive his full hire ; it is only proper
that be akoald have wages calculated for the time he did work.
If one from idleness shall not wish to work, but still works on
eareleasly, when the wages c«mie to be pnid, his case may be consi-
dered
If ooe dnrmg the progrct^s of the work, the influence of his form-
er good deeds being expended, shall die, his w.iges shall be given to
hi* wife and children.
Tkn the ton of the king of the Bymahs, the sage recluse called
Mmoo, taid. This is the end of the law for the proportion of car«
peaicrt' wages
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46
J I /A. The law reirarditiir ^trvant^i and fhosr who live by hire.
What is the law regarding the hire of those who support thein*
«^lfe« by labor, I will now lay down (Pali.)
As it is thus said, oh king : Any one having made himself a ser*
lant, to work for his livelihood, having taken service and fixed the
days or month:}, and the amount of his wages, on entering on the
!«erf ice, it is proper, if the work is to be done on the water, that the
food, subsistence, shall be suited ; if on the land, that it shall be suit-
ed to that. That is to be settled.
If a servant, though sick, shall work, he shall have no deduction
made from his subsistence, and his hire for the full time of the en-
^iffemeot shall be given him without deduction.
If a hired :M>rvant shall either feign illness, or, having received his
9ab«t9teoce, shall, through laziness, not work, the master shall have
a right to demand back the subsistence in full which has been given,
nor shall the servant recover his hire, and he may also be punished.
If aov man for a fixed sum shall hire himself as a soldier, or to travel
vith a merchant, and shall die or be missing afcer having received
hi« pay. no blame shall lie with the hirer. *' lie had a right to die.'*
If uue half of the pay be unpaid, he has no right to die ; and as
tlt^ hirer had paid half hire, he shall pay half the price of his body.
If aAer the wages have been fixeil and before they have been paid,
♦he Mrrvant die in the service of the hirer, let him (the hirer) pay
ibirt) ticki!^, the price of his body, and the wages in full as agreed
• u
If J M-r%aiit shall take his wages, and run away before the work is
r(*fiipl<*tf*d, he shall refun<l the sum paid : and if a year has elapsed,
he «hall forfeit a like amount in full.
If a vertant having taken his wages, and during the performance
• f i!ir Work, they (he and his ina>!er,) shall by home act of the hirer
rrt int<» triMible, it is not in any way to be attributed to the servant.
If oa a j'Mirney the sr^rvant shall be called on to pay his old debts,
«4 it He i»hajl hi^e money iti gamblini;, cock-fighting, dicing or bet-
^a2 . or if he get drunk and rai/>e a disturbance, he shall bear his
i «M burthen. •
It a hirf«l '-rrvant i-» ralh-d a^ a follower, ordered to row a l>oat,
«# e*rr% a burthtn. ami if durinn the performance of his task any
thin/ ir«ie« wrtMic. and the hirer shall abu-e him once or twice, or
bit him a «lap 4fr two, there shall l>e no blame.
If a master shall say, " )ou have taken my pay, ' and strike the
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47
aerfanC a blow of which he shall die, he shall pay thirty tickals of
•drer. The lawyers atid court officers shall not take any part of
dus turn, the price of hia body, but shall take from the payer of the
ioe ten per cent, of pure silver. This the son of the king of By-
mMk^f mite sage recluse called Menoo, said.
12ik. The late regarding agricultural servants.
Oh king ! if a man shall hire himself to work in the fields till the
groood is planted out — how much wages — how many cattle — how
■■ch ailrer— how much copper — how many putsos — how much pad-
dy,—all these sliould be settled, and the wages fixed. If the knife
or ipade giren lo him shall be lost, he shall replace it. He may be
cwed to put a prickly fence (around the field,) and he may be em-
ylof|cd m day or two in the jungle, cutting thatch or fire wood ; and
mkia he leat es, Che master should make him a present of a cloth or
clolhf. This Menoo, the son of the king of By mahs, the sage re^
I3ih. nc latr regardiitg ferries.
If a ■»», lor Che sake of the hire, shall become a ferry-roan, be
OTighl toenostder and take only the proper faro. If (in enforcing
f yawl,) he shall spill any (of the passengers* property,) he shaU
snake M good to the owner. If he joke and make immodest re*
narkft. and the lK)at sink and pmpfrrty be lo!«t, let him mnke il good.
If he cross with proper care, and property be lost, let fortune be
blfiril A woman with child, a Rahan, or a Bramin of character,
uf a sick person, should be cros(sed even if they hafc no money. It
pvoper to use any force or violence.
Illh- Gu€S in trkirk the several proplr trartUinsr in the same Ipsat
are responsible, and when not.
If Mie of the party in the same lK>at, or (»nc of the companions on
the sMoe journey, shall commit a theft and get into trouble, it should
aoC he considered the fault of one only, but the whole of the people
« ihc boat, or the tra\ellcr4 in the same party, nhould make the
Uion. This in when the owner ol^the property shall hare
all of having partaken in it. If many shall not have beeu
eagaged, let tho^c who rominitted the theft alone bear the blame.
If the parly wbii i(M>k the pro|><>rty !<< not forthcummg, let the whole
^arty make restitution. As regards old debts, the debtor only shall
km them. If they tind any gi»UI or ^iUer, ii i« proper they sbouUI
dNide It e<|ually.
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48
lotk. The law regarding talcing their dues by guard posts.
Any man who is a sentinel at a guard post, or a post for taking
loll, by land or water, shall levy the duty as it has always been taken.
If betake more, let the guard make it good ; and it is proper to make
rrfireientation of the matter to the king. If in taking more than
Ihdr due, ibey shall spill or scatter any of the goods," the guard shall
Bake it good. If the owner of goods go past their post, the guard
Bay lefy eight times the usual amount.
I6/A. The law regarding taking toll.
If ny aentinel at a gate shall take more than his proper dues, or
by farcibly taking it shall spill or scatter the good<9, he shall pay the
lUl amount of what was lost, and be heavily fined. If bad men who
abonld be reMrained by the king or his (the king's) servants, or me»>
•engers, aball oppress the people of the country and take their pro-
perty, when the king knows it, if he do not inquire into it, the min-
isters, gorernor, and judges, are liable to the punishment of hell.
If he shall enquire into it, his power nnd glory shall increase, and
every thing connocted with the internal affnirtf of his country shall
be prir>{ier<iU9 and happy.
ITlA. The law regarding the collector.^ of bazar tax.
If the kuiff of tlip country has built a cf>vcred bazar, in which the
pet^ii*' may s^^il their merchandise, (>r hold a!?s<eniblicH, and placed
pttfales in it that he mav be made acquainted with the good and bad,
aad if tbe»e watches shall take more than their due, or taking forci*
Mj %ba]J iipill or bcattcr the g(MMis, and the owners are dissatisfied and
^^^Bplain to the kmg, governors, or judgos, l«u the watches replace
tbe property deMroyed, and let them d\^<\ bo heavily fined. This the
»oo of the king of Bymabs, tlic sa(;e recluse Menoo, hath said.
I^/A. Th^ lair rtiiurdin^ irrishrrmcn
An) man whohcts luin^telf up un a wuivherman for hire, when he
t»kr« ibr pirtreo of clfitli >ha)l iiotr tbi* number, put them properly
a«ay. and i%a«li tboni cirefully on a plank made of the wood of the
Ici-pau trr«:. If he do not wa**h them carefully, and they are torn.
96
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49
ketball forfeit his pay, and replace them. If he lend thoin out, al*
Um cithorti to wear them, <ir wear them himself, he should not receive
Ilia pa J. If he does not ptit them in a proper place, and they are
km, he should replace tliem. If they are stolen or burned, he should
aoi replace iheni.
19/A. Tkf law regarding remuneration to doctors.
Oh king ! if any one shall call a doctor to prescribe for a sick per-
•DQ, aod the doctor, for the sake of the pay and to relieve the sick
pcraoa, shall administer medicine to him ; or if the doctor is called
to waah the patient's head or avert the evil influence of the stars,
ai4 shall go to where he is called, and holding a small knife or stile
for writing, shall only lay hold of the banisters or ascend the stairs,
and if the sick man, before his arrival, shall obtain relief, and on
recoterj shall ask, *' did you use any charm? — did you give me one
aT jrour pills ?— <lid you wash my head, or avert the evil influence of
the ataraf* — and insensible to friendship shall refrain from paying;
if the doctor ha\c an affection dw him, he may get off paying; but if
not he shall pay five tickals uf silver. If the patient wish to get off
the five tickals, he shall be made to pay three tickals of silver. If a
%ood doctor reach the banisters, Ktairs or door ; and a good pleader,
thoQgli he do not state the case, if he only put up the sleeves of his
jacket, or set down (preparatory to speak,) they shall be paid.
"iiUh, The law regarding pleaders.
Aoj good pleader, thoui;li the statement of his case may not have
bfvfi taken down, if he has only just sat da\in, or put up the sleeve
ff«r hi« jacket, shall have a right to his pay. There shall be no plea
that the r8<»e was not noted.
If the client shall run away, or conceal himself, the pleader shall
hear the whole amount of the decree. If he produce, or hand over
the client, he is free, and shall ha\e a right to ten per cent, for his
paj anil M'curity. If a pleader be bad, he niu^t take the conso-
qoence* . if a court messenger commit any wrong, he must take the
cun«e«]ueiic(*s ; the cauM* he is employed in ^hall not suffer.
If a pleader shall have gained a cause, he has a right to a per ren-
tage If he l«kse it. he has a right to a reasonable remuneration.
If It l>^ a matter (»f ltf«* or death, or redemption for the samr, and
ikir client ^hall not «>ntf(*r tliMth, or pay the fortt'it : the pleader ha.**
a right to a fee of thirty tickals of Mlv4*r, the price of his client's \hh\\.
If a man shall say to a d«>clor, ** i;ive ni#» medicine — if I recover,
lake me a« a ^la^e; ' if he do recover, and do not wish to bocoiiie
thr »la%e «»f the d(M*tor, \n' shall have a rii(ht to the legal price of his
hudv. ihirtv tickals of siUer.
i
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50
If the sick in&u*9 parents, wife or children, shall have given him
Dp as beyond the chance of recovery, «tnd the doctor shall bleep by
bim and use his utmost endeavours ff>r his recovery, and he shall
rec4>fer, he ahull have a ri^ht to thirty tickuls, the price of his life; if
lie do not recover, hut die, the relations bliall olfcr to the doctor the
pare waters of fri«^iidship. With pleaders and doctors it is the same.
Id no case «hould they recover a smaller reniuueration than three
tickaU of :>ilver.
AAer the statement of the case has been writeo out, the cHent
fhall not call another pleader. If he do call another, who shall plead,
ihe first called, for hh presence, shall recover an equal amount of
remiuieratiun.
And if a doctor haH been called, and the (patient) wishes to call
anocbcr, he shall offer the pure waters of friendship to the first, and
ma? tbcfi call another. If a patient sliall ask medicine from many
difereut doct'>ri», he has a right to do so. If payment be not made,
ta demanded, at lIio time, and if at some future lime the doctor from
KMAt molitc of dislike shall make the demand, he has refrained
from demanding before, and shall not do so now ; even if the patient
mere con«enting, he bhall not demand again. Let doctors and plea-
ikrs be considered the same : neither shall have n right to demand
pavinc-nt after the expir'\ti<m of seven months. Though it is thus
fta.J. if ihc ^titiiMit or client caiinot pay at the time, (and) the de-
mand I- iiinlf. <*r if ihoy g » to another village or district, und remain
awn f r 't loii'Mh off tinir, when the (docl<»r or pleader) shall see
bim. ht! ha<» no right to plead lenath of time. Becaune they have
•at I'd lit!:i fri»i:i death, or front redeeming Ills life, they ought to have
i:. t.f[. ri:ij ut* tin- pure waters of friond.Hliip. As ret^arcls this offering
—a ni.-ifi will) uii'Irr.'Standrt holding the pure Water, the cover of a
Ci*h, a p«'i, tup, or tin; grass, is« worthy of thrte tickah. This is
nl.ft'. .- Ill" .lilt Kc'iiardiiig ca^os ni \\hich the doctor has a right to
X'ir jri'*t "1 liiV . it is in eu.ses of lcpr<isy, a}«thma, diseases of the
tn' i*!n..il o^Niitii. -nake bite:*, fits, or Karen klioe. This the son of
It.*' k.iij I if Byinah*;, ihv >agr recluse called MencK), said.
'Z\t, Tin Ittir re^arrUit;^ brtath of promise.
If a iiM.i, hriiiu^ iitade n promi^ in presence of])riests. Bramins,
.•r re*;t'*.-tui>!«' iiifii. ^hail n«»t keep it. this is the Ir.v : (a Pali ."^tan/.a.)
In till'* «tan7.3 Nagnra. (iiiina, Zinapnk, and Retla, are mentioned.
A (walifd) nty. ni uliirh thero i.-^ a nirirket, is called Nagara. If
th<:rc be I iiiirki'i only, l»iit m* cit\ (wall^,) or a city (wall) and no
nuTA.*!. it i< I :i!!<*d (iaiiia. If thir<! [»e neither market nor city (vvalN,)
:i It called NiL''»n Separate di*»trict.s in the bume kingdom are
so
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51
called Zaiia|K>k ; and the whole country under the rule ol* on» kin^
la called Retta.
In any of these— city, village, large or small, Zanapok, or king"
diMn — if any man shall make a firm promise which he engages not
to break, in the presence of a Rahan, Bramin, or respectable man ;
and if he do at any time break it, that he may not in future dare to
do so again, let him be'punished with a strong, rough rattan or stick.
If he be a man of rank, it will be proper to turn him out of his
•itoatioo, to take off his head dress, to turn him off from intercourse
with his family, to cause him to remain under a necessary, in an
elephant thed or horse stable, for one, two, thres, four, 6ve, six,
aeren, eight days, or half a month, according to hit deserts; he may
be called to clean out the filth. These are the punishments that
say be inflicted. They are called criminal punishments, and are
Inid down in the Damathat. If the offender do not wish to suffey
tbeoi, let him pay a tine of five tickals of gold, or one hundred of
aiJfer; and he ought not to be believed at aay future time, and to
lose all anits he may hereafter be engaged in. It is not laid down
in the Damathat th<it such an offender shall be put to death, or have
hist feet or hands cut off. These punishments arc called Yazathat.
Judges, if they do not decide justly, will be liable to the four states
of future punishment. Thin the son of the king of Bymahs, Menoo,
ibc sage lecluse, hath said. This is the end of the law regarding
breakers of their promise, made in the presence of priests, Bramins,
ai respectable men.
*2r2(i. The law rfsrardinsr ktrdsmiH.
CMi king! because it in thu^ said, (in a Pali sentrnce,) if the owner
of cattle «>hall make thorn «>ver to a herdsman, let him (the herdsman)
make himself acquainted with their appearance ; lot him know witerc
grvs and water is go<Ml or bad, and having l(M)k(Ml out for pleasant
cir unpleasant pasture, let him know that it is proper to herd them in
ike pleasant places: lot him also know tin* districts whi*r» water for
iheir drinking in to bo found. Ho .-lioiild aNo know u bother there
«re hole*, narrow plaors, steeper ^lupiug iiiuik*) ub^v the nattltt
oo5ol8icg8«iog8?§cx>^B«§oD^c^co^8 oSoooScei g^osSc^i^oi
oooscoS^iccgooSiQScgooSoD^n^cogS? cc|^cgo5oocSc©i g^oscfioj^
^OOD^C^ CX)^8 c8oOoSc©« (jJO? ^OOO^COOCGl a2cx:)Od(S'co306lX)t
<^cScD^t oSoOoScen ^^S^O^»C§^ CO^Sl j^08 0008 ^^2o|€|^
coooGdc^oSs r^g^^i^8cx)oScf>i ^8^c^ca30i ^^^gScI^ ^^
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53
drink. Let htm be able to keep an account, that the cows, or bul-
loeks, or calves, be not lost. Let him know when the cattle are
tick, and what medicines to give them. Let him know also how to
ailk the cows, tliat the calf when it sucks may also have milk. Let
kim be a man hIm) does net steal or conceal the milk, but who takes
half and gives the other to the owner of the cows. Let him be
ho has a kindness for cattle, and who is able to distinguish
thej hare a sufficiency of food. To a herdsman who has theae
qnalificmtions, and tends his cattle in accordance, should they
greatly by births, one in ten should be given. Though
f kts is said, should he positively sell milk without the knowledge of
the owner to the value of one calf, he ought not to share in the in*
If any one shall secretly cut or stab any of the cattle under hie
lo that they die, or if they die from falling into a hole or over
a bank, or from the bite of a snake, the herdsman should give the tail,
wk'tn 9ttd head to the owner. By so doing he shall be free from re-
placing iL The rule regarding goats is the same.
If any one shall cultivate fields near a road and put no fence
aromid them, and buffaloes, cattle, goats, or pigs, shall enter them
and eat (the grain,) no blame is to be attached to the herdsman.
If ibere be a fence round them, and the cattle shall trespass, the
herdsroan being with them, he shall be punished with ten stripes.
If thfrre be no herdsman and they trespass, the owner of the field
»kiMild tie them up, and when the herdsman comes for them, having
pmnted oot the place they have eaten, and calculated the probable
rnurn, let him make it good.
If a calf, yoting goat, or buffalo under ten days old, shall trespass,
wd eat the grain, there shall be no blame attached to the herdsman.
If the cattle have not trespassed and eaten the grain, and the own*
ercfthe field, on the report of another person, shall, without in*
^iry or consideration, without knowingor seeing his field, abtia«
(the herdsman,) he shall be punished. This the son of the king of
Bymahs, Menoo, the sage recluse, hath said.
2!W. Tit iair ttktn brutes injure tack cikerfram ike violence oftkm
lusts.
If any buffalo, neat cattle, or horse, in their sexual commerce ahall
ky their vehemence in running, strike any thing and hurt tbemsel?es.
09
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54
k if their fortune. If in the act of mounting, one shall die, the
owner of it shall have the buffalo, bull, horse, or elephant which
noonted. If a bull shall mount a mare which has no inclination for
lum, be thalt be forfeited. If a horse shall mount a cow, he shall
men be Ibrfeited. Why shall he not be forfeited ? — because horses
aiad elephants are worthy of kings ; they are excellent things, of pow-
er. If a bull shall mount a buffalo, or a buffalo a cow, there shall
be AO forfeit. If a man shall be riding a bull, and another a cow,
and before they dismount, by the bull hastily mounting, the man
wbo rode htm shall be hurt, there shall be no forfeit ; or if both are
bart tbere shall be no forfeit. This is the law in cases of injury done
wbea buffaloes or neat cattle hastily mount each other.
Tbe law regarding pigs destroying fields near a village. The
owttcii of fields near a house or a village, ought to put a fence
efiiasl pigSf and the owners of pigs should put a wooden collar on
Iben, and in the night shut them up, and let them loose in the day
tioie. If a fence is not put up, and a collar not put c)n, and a pig
itell be slabbed or shot trespassing, let it be made good.
If tbe owner of the field does make a fence, and the owner of Che
pkg 4loes not put on a collar, and he shall be killed trespassing in
tbe day time, let the owner of the field be held justified in killing him.
If tbe owner of the pig doe5 put on a col! ir, and the owner of the
field does not put up a fence, and the pig be killed trespas*>ing, let
bun be made good to the owner, and he i^hall not pay for the damage
dooe.
If a collar is put on the pig, and a frncc also round the field, and
the pig be killed trc«(pasHing in the nisht, tiiore shall be u'l fine; let
ibe owner of the field he held justified, and the owner of the pig
tball ikA pay for the damage done.
If any boffdo, neat cattle, elephant, horse, goat, pig, or fowl, shall
attack tbe buffalo, horse, or elephant of another (th.'iii tlieir ov no.,)
if tbere be a kee|>er with them atid he doe-* not inicrfere, Kt reriaii-
tM be made according to the damage done. If .1 h«»rM be bn.k««,
ooeticbal; if an eye is put out, hind or fore-!«';r be bioken. Id :i»c
kcfdsmaa or owner of the animal (doing the daiuage) pay ^the \J.nk:
of tbe animal injured.)
If there be ik> hcrd?»man with them, and they of iheniselve^t nhnil
ben or strike, and one is blinded, It-t the owner of the aiiinml dt>iiii<
tbe mjury be free from fault, and the owner of the iiniinal lUj .red
take in bi« place the one which did the duuiatre.
If a keeper of any oi the abo«e aniinal5 bhall bet on and a.*«siHi the
ibe aatmal of which he has charge to tii^ht with um. \\ii.*.h Iim no
keeper, and the animal without a keri»er ^hall die, let him (the keep-
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65
er of the other) forfeit three times the \alue of the dead aiiimaJ, be-
caoae the master was assisting and exciting to the fight. If his own
aainal ahali di^ in the field, the owner of the other shall not be held
in faolt. If elephants or horses attack buffaloes, neat cattle, goats,
o'' pi^f when there is no owner present, or who does not set them
OB, if a iirob be broken, or death be caused, there is no fault. Or
ifbolftloesy or neat cattle, shall in the same way attack elephants,
or lK>rfe8, and thus have a limb broken, or die, there is no fault to
be Iband. If buffaloes or neat cattle, shall attack a horse or elephant
tied op to the stable, or tethered out to feed, and they arc blinded,
lute a limb broken, or die, let the owners of the buffaloes or cattle
Bake good the price of the elephant or horse. If the owner be with
ilwai^ and do not interfere, let him pay double the value, that is, of
tlMir pfofier price.
If bnialoes, neat cattle, fowls, or pigs, with a keeper, shall be at-
lacfced by elephants or horses also having a keeper, and thus die,
Ice Um keeper of the elephant or horse make them good, and let him
abo be poDished criminally. Why is this? — because they did not
take care of their cattle. If an elephant or horse have a keeper with
kta, and be cannot restrain him by reason of his being must, or so
diftcoll to manage that neither hook nor bridle will restrain him,
and it thus strike a buffalo, bullock, horse, elephant, or even a man
tkal be die, there is no fault. A vicious elephant is to be passed at
the distance of nine '*pays," and the rider should blow a horn that
people may hare notice ; if he do so he s) ould not be punished crim-
loally If a carriage, bullock, or a cart is coming, and the rider of
ibe elephant blow his horn or call out to stop, or get out of the way,
if tbej do not do so, and are hurt, or die, there i.s no fault.
If a pasMuger does not get out of the way wlien a man is cutting
6<rmn a tree, and he is struck or killed, there is no blame ; he knew
vbat was going on ; but a warning not io approach must be given
to a child under ten years of ag<\ An idiot, a mnd-m;kn, a drunk-
en man, and a man in his second childhood, if warning l>e not given
and tbej are struck and die, though they saw what was going on,
Ike feller of the tree shall pay their funeral expenses. If he plead
that be did warn them not to come near, and pushed them out of the
vay, but could not prevail on them to keep away, he shall not be
keld tn fault.
If in a plice where there are Iiouscm, conveiit>, or sheds, or where
bnfaJoes or cattle, the property of other people, arc- kepi, the bounds
of vkich will not be cleared hy it, a man shall, in xpite of rem^n-
flirance, cut down a tree t>n tlu* ph-i that it is his, and growing on hi.**
irronnd, let him make good all tht* damage done by its fall. If buf-
CUoee, oxen, horses, elephants, goats, pigs, or fowls, be killed, let
^<^o_ •_ AID -_n
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50
If the sick in&irs parents, wife or children, shall have given him
■p M beyond the chance of recovery, and the doctor shall sleep by
bim and use his utmost endeavours for his recovery, and he shall
rteoter, he hhdl have a rij^ht to thirty tickuls, the price of his life; if
be do not recover, but die, the relations sliail (.tfcr lo the doctt>r the
pare irilcrs oi fri^itdship. With pleaders and doctors it is the same.
Id do case should they recover a smaller reuiuueration than three
tickaJs of silver.
After the statement of the case has been writen out, the cHent
ffhall oot call another pleader. If he do call another, who shall plead,
ilie first called, for his presence, shall recover an equal amount of
renoaeratioD.
And if a doctor has been called, and the (patient) wishes to call
aiMtbcr, he shall oflor the pure waters of friendship to the first, and
may tbcn call another. If a patient sliaji ask medicine from many
diftsreut doctors, he has a right to do so. If payment be not made,
or demioded, at tjio time, and if at sonic future lime the doctor from
•omc Botivc of dislike shall make the demand, he has refrained
froai detaaiidiiig before, and shall not do so now ; even if the patient
were cunsenting, he shall not demand again. Let doctors and plea-
defjk be considered the same; neither shall have a ri^ht to demand
payment after the expir'\tion of seven months. Though it is thus
»a«J. if the p^tioiit <>r client cannot pay at the lime, (and) the de-
mand !«• iiiad«', at if tlioy g> to another viilatjro or district, unci rcuinin
awiT fir -1 leiiL'th of time, when the (doctor or pleader) shall see
biiB. ho has no rii^hi to plead length of time. Because they have
ta«pd hint troin fleath, or from redceniiu;^ his life, they (Migiit to have
a:. i-'fT rjiij v\ tho pure water.-* of friolld^llip. As rej^ards this offering
-^a m.-iii who uiith'r«tands holdin;; the pure Water, the cover of a
Ci'li, a jh:i. cup, or th«i grasi. is* worthy of thrt-e tickaN. This is
m\,\'. i* iitojiit Reizarding ra-!C> in uhicli the doctor has a right to
x'ur j.n^i- *[' liK»; it i* in cu.ses of leprosy, asthma, diseases of the
r.j' r)*»rii.il *-\"4t»rii. -nake bites, tits, or Karen klue. This the son of
tij'* k.iij of Byni.ili':, i]|f. :*age recluse called Mentw), said.
• !>/. Tht Ifttr remtrdin** bruuh of promi^r.
If a mAii. h'tvin^ made n prouii^e in presence of priests. Bramlns,
i>r re^piTtaid** iiiffi, *%\\:s\\ not keep it, thi> is the liw : (a Pali stan/a.)
Id ih:o sianzs Nagara. fiaina, Zanapok, and Rettit, are mentioned.
A (walled) rity, in \«liich there is a mitrket, is called Nagara. If
there be .1 iiiarkt't only, but no city (wall?*,) or a city (wall) and no
mirkf-t. It i« I :i:!*>d Gama. If there be neither market ii(»r eity (walN,)
It It called Ni;.'t>n Separate districts in the same kingdom are
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57
:)4/A Thr law rtgtti'din^ the hirinif of buJalo€S or raiflc.
The law t«>r hiring hiifrahtcs, oxen, elephant.'^, or horvcs, for i\\p,
plough, th'"" carl, or saddle. Whoii any hufFah*, ox, h(»rse or elephant,
ti lur«d for tluf cart, plough, or carriage, (the apjiearaiice of) his
bind or fore leg, his ear, eye, horn, tail, hii« age and iiize, should be
naitd, Mhelher it he male or female ; if the horn» he long or short,
tiie tUftks large or bmall ; if there be any part torn or broken ofi; any
put broken and re-set, the price and time for which he is hired,
iboold ftltfo be noted. The hired auitnal shajl not be tied up where
there are the small bund:> of the paddy fields, holes or hollows. If
W be to tied up, and die from the bite of a snake, or from falling in-
to ft bole. Jet compensatii>n be made in the price fixed when lie was
hired, lod the hire be paid up to the day of his death. If he be bit-
ten bv a aaake when properly tied up in the usual way, there shall
be no fine; let the skin, lle.sh, head and tail, be taken to the owner.
lie 9hall hate no right to claim another in the place of the dead
annual. I^t the hire be reckoned and paid. If he be sick, let a
report be made to the owner; if he do not come and see him, and
ht die, there is no blame ; let him only have the flesh, skin, head
and tail. If no rep'>rt was made of the animal's sickness, and he
died really from disease, there is no fault ; let the skin, head and
tail be given to the owner ; and if the tiesh has been eaten, let its
pr*re be reckoned anil paid to him. If the hired buffalo or ox be
ii'^t a food one fur rarnace or draujrht, let him be returned ; and if
^ii'4her be ;:iren in hi?* place, let the hirer only pay for the number
*'( ti^y^' «.»rk aetirdly 'It-ne by the animal last given. If the owner
refu*e in rlnnire hmi. but give iiiiii back, telling the hirer to go on
»i»ifi2 him. .Ttid ti» l.r« il\ liim in t'l.r carria^je or draught, if he iloes
Zvi hifii t» work. !«t hiin mily pa) for the jobs or da)s he shall work
pr**jK»f|). It' a buiVi.'o «.r ox, hired ti> br trained, shall rvally die,
th««iyh the hea<l nml nil he imi taken to the tjwiier. let him have the
de^ih aiid •km. If no report be made of the death, an<l the head, tail,
•km and lle^h be nm hruU'^hl to the owner of the animal, let him havr
the full amiMHit <»ttfie hire »>ri^inally agreed «»ii If the hired animal
•ball be reinrnetl a yir .if'ier the cultivating season, let twice the
im«#uut ••f the hire •»rjinally fcL'r<ed on be paid ; it stipulate<l that
piddr •hall he paid, let paddy be giwn: if silver, ht it be silver. If
tm<i icaro li.i\e elapsed, ht tliriM* f(»ld hire be paid. Hired l)uffahN>s
• f 'ixen shall on!v be worked iii the u.<*iial way. If the v be worked
raofe than i-^ cii.M«)intry. lei doiiiih* the amount of hire originally
^{reed «iii be paid ll th«- hirer >hiill take ofie td his own cattle of
'<|U4] •treiigth with th'* ••>!•■ liire<l, and «hall \\t>rk them together «laily
^b^r#• •hal! be in» M.»in»: ittaclHd ti» thl^ he p»ys tor tin* lalH»r (of
!)0
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58
the hired cattle.) If in working, the shoiilder shall be chafed or
»«WI, the hirer shall have no right to claim deduction for days lost j
tlM! accident was the result of his own ignorance in handling him.
If from a sore on the shoulder or back, caused by working the ox,
fur draught or carriage, he shall become thin, let him be replaced
by another, and let there be no dispute about paying his hire ; let it
be paid. If the animal shall die from the cffectH of the sore, Jpt him
be replaced by another, and let the hire be paid. If the animal by
narting whilst tied up shall tear out his nose string, there shall be
BO fault. If it be torn out by the hirer dragging him, let him rephice
the animal by another, and pay the full hire at first agreed on. If
It fall sick, let it be returned, and let the owner receive it and ad-
mininer medicine ; let only the hire for the time before it fell sick
be paid. If hired cattle shall of their own accord butt or strike each
other so that an eye is put out, a limb is broken, or one animal dies,
It IS not the aflTiir of the hirer, but of the owner of the animal which
doeti the damage.
It* by any act of the hirer the horn of the ox shall be broken, or
t«vn out, let him pay one tickal of silver ; if both, two tickals. If
ofie or both ears arc torn off, the fine is the same as for the horns.
If both ears and horns are broken, let it be replaced by one as good
as the animal hired. If a leg be broken, let it be replaced by another
il«o : or if both eyes are knocked out by the goad or driving rod, he
«h%ll al«obe replaced If by cliuiice the animal be blinded by a snake
M>»«iin^ in hi?* eye, lliere is no blame : nor if a tijjer kill him when
««u( at pai^ure witli his keeper, nor if a ti^cr kill him whilst shut up
tn the {»en. or tied up ; let thr Hesli and skin, tail and head, be given
III the owner. If tijer:* are destructive in the district, it ii* proper to
t\\ jM^i* all around the pen, at the distance of one, tw(» or four tabs,
and to *f retell a rop with small flaijj* attached between them. If this
b' u'H d«Hie. It IS ne^rlecl on the part of the t>wiier of ilie pen, and if
« tii:»-r -houid kill any of the cattle, Ul liim forlVii his bhare of the
tncjf^^' iriiire<l cattle, ihoiii^h properly iak«Mi care of, are killed
hi 4 iijer. let the ouiir r lia>e the llesli ai.d skin, ami the full hire o'
tlw cattle It' the ciiile «)f the hirer be also killed, let him reckon
aud p2) the hire to ilir d;ty the aiiiiihil wa^ killed If the horn of a
t.ir»-i| 'mlTah* *»•• brokni. «»r an e ir torn off, t\\«» lickaU (^hall hv paid ;)
' !«*ih }:>irii* i>e br.ikrii. there shall \w no ple.i lli.it IniiIi eJ^^ are not
i''rn It i< 1 iMitlilo --Ills -^tieii^tli is in tnh horii'*. It is laid down
(f.d' !:« «nall \u replaced hv aiioth*'r It i.s .i|s<t >.ii(i that the owner
*'tt'l ;»a««- hi- imtV-ilo tiid halt' tiM price, that is, when the injurv i«
! -ii. :.% fl.«-; hir« r It it !»• iK»i*e l>v fhc bfUle* oj their own mi ord
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tfao^8ceiOd9c8(^08^osoooo^f,6^oScQ8ogoS^co8CGi lofit
co8^«go8j^8i^o(go8coocg8» d§goid^coooc§cg8i 3d«(5SadooS>
ooobi cog^cooooSi Q^8eosc:§c^i cQ8oo^8§g^^^ o8o2|8adGS<i)§i
3dd'^ogoS^co8CGit§88^oGd§8Boo8cpoad got9i adj|8c§cc[>o9cei
g880&@8^^cg£coo^£c©» ojgiwcxjoSs^ogS ^QScoogoDogSc^
jj^i oo8«n^j688B 00^ G^S< O5§8oac^8?co8c©» c^ooSd^G88 c<5r
vX)^8g88j|S6^G©iao8(»goS50» j|^cQ;c^«coiSoac^88§gic^oSj§
«C3oooS^i 5)^(5^s^<£ii ;i^d^<t>co96[pi d^coS^^c^c^S" @^@8«^
icAJ
59
batting each other, it is said the brute shall bear the blame and not
tkt hirer. If the hair be all taken ofTtho tail of a hired butTalo or ox
kj the knife or driving rod of the hirer, let him pay half the price of
ilie animal, and the wholo hire. If a hired buti'ulo or ox be stolen
IB ihe night and not be recovered, let the hirer pay the owner one
hair his price and hire to the day he was stolen ; that i», when the
caltJe are kept near the hirer; if kept at a distance and not watched,
let the full price be paid. If it be stolen in tlic day. let restitution
be Bade in full. In lliese cases, if the cattle ofihe owner of the pen
be also stolen, there is no fault, if the cattle are afterwards recover-
ed, let the owner of each take his own and have one half of the fnie
letied on the theft. Why is this ? — because both had a share (in the
lost cattle.) If cattle stolen as above be recovered, let the hirer re-
cover back the price he had paid to their owner. When horses or
elephants are hired fur the saddle, a pack, the plough, or the cart,
and aro not worked as usual, but beyond their power, and shall die,
let iben be replaced ; that is, let the price fixed at the time of hiring
be paid. If two |)eople shall ride a horse only one ou<^ht to ride,
aad be die or have a limb broken, let them replace him and both pay
ibe bire. With an elephant, if beyond the one rider on his head and
aDd one behind, any shall mount, let the hire for each such rider be
paW : and if the animal die, let the price fixed at hiring be paid. If
1 bonheo or draught be put on a horse or elephant beyond his strength
lud he hate a limb broken, be destroyed, or die, let him be replaced,
and let double hire t>e paid for all beyond the proper load : let the
payer of the line have the destroyed aniiiial. If a hired horse or ele-
phant be ffick, and the owner be at lian<l, let hiin be acquainted with
the fact. If he ha^ seen and known it, the hirer is not in fault ; let
the animal die, end let him pay the bire to the day he was taken ill.
If It be at a distance from the owner, and be cannot be informed of
*t. and the animal dies from illness, if the hirer has reported that the
loimal wa.« ill, in the rcKiniry or in the \illn<re, and >hown it to his
Companion*, the head of his rompany, the Thoethouk, or those who
•^»t «»f the f^anie |N)t of rice with liiiii, he .^hall not be held in fault,
ki the hire l»e reckoned and paiil. If it be a horse, let the tail, and
A 4n elephant the tusks be taken to the owner. If it be really tfic
tkd of a hi'f'^, let him die; if it be not, it is the act (»f a bad man ;
Wi the hirer pay dmible the price, originally agreed on ; and if the
tnne •li«Hild afterwards be discovered, the owner shall have him.
\i r^f ard<* the tusk^ or the elephant, the length and thickness have
bmi ii4»t( d In priipi»rtii»ii to the length of tune they ^hollld be long.
er md thicker, they cannot iK-roine >horter <»r sinalh-r If they be
m*, the hir«*r has cc»fiiinitted a deception : let hiin pay double
<£0
coiceiG8^^o^^8sgSa2)8^l8a2|9d§S»§iG8^^o^j|8o^QOc>8ii
(^g^O803^O0id^^ODgScX>6pJG^S803C^8800^C©iC0Sc^^^08Jcpt
odeo>co^Sce*d^^(^8co^Odc^88g8^icaDCcoSad^«»§i
Gdj|8§O^0SlOC^^8Qc8£8i(^i^O8ig88i OoSi SS§ OoS^oScj^
co^icoo^cpiie§8ceo8i c:^^8iadODo§ogoSio8eo8G[>id§<B8^icao
C00S<X)^^0d^»§iiC^g»O^G[>0DO3^8i0dj|8§0^C^«»CDftQ08&
o^s^So^o^eio^Qco^od^oSi c(^^o8ic§88oo8icd3(f ooSi c^oS
C^oScg8o398c§ODC>S<St«eieol8nC^88iic!)i 6[>^oSi cooSf oSnoKMS
aD^^^£|pc^<adeo8co2|Scc>o^ O0O8I soSs^ooos^scgSe^oDOid^
cooo^si adj|SQ»880ODG[>&Mc^ig>08i §88ioo8id3(^oc^iraaSj^^
oiocgi oD^ogS cg8io^g8o^«oo8g8 J8 cpco^soydli ooSgScj^
CO^8C2<£«3dj|8^8(.»8lDD^OQ)d8^^O8C000|i Gdj|8o^C|^8^^tQo8
^•O^OOo)i C^08So|'iGd^»§C20000^8Hd^C^o8QSfl 8f Gjf tiQdOt
(^^^Q^^^soa^od^s^oogSi »88^8i 0^6^08 odj|8a>^)ooo8
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C^^^SOoSi aDCO§Oi§^§iGO^o8:iiOiC^(S'i<;C)^OQ^8^l »8sgo^o^s
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acQiDjcx)^! 3o8«^ooo?c:§a:ico2ooScgSi cDoSoooScccjScei c{>
cooSc»t^oSc^i«Sscoo5p&o8QS«oo5co§iicojj5coc»(ydSi:§ ji Q
«oToo^i«S8acDip&c§cx)^og)^»ooo8n^iy8^o8«oo5co^OOC05|5
:^
60
the price ori^rtniilly a<£re(Ml on ; «tii(l il'the elopliaiit U^ atlerwards
fimnd, let tti<: owner have liiin. If his eye, his tusk, his trunk, his
ear «>r tail, l»e hiindeil or hroken : it' it he not the act of another ani-
mtl, but trtun the blows of the hirer, let him re}tla<;e the elephant
and pij full hire. It* it be the act of another animal, no blame in
t<» be attached to the hirer ; the owner of the animal doing the injury
i!* ooc free from blame; let him pay as is laid down in the law on
tbu subject- An elephant must not be tied on level ground, but
where there is a small hillock or dike. If there be neither of these,
he most be furnished with a pillow. If he be not, and die in a place
be ought not to have been tied in, let him be replaced. If he has
what has been above stated, there is no fault.
If buffaloes, oxen, elephants, horses, goats, pigs, or fowls, the
properly of an owner who does not take care ol them, shall trespass
lo a ^^arden or field having a fence round, and they are speared or
tboC iu the act, there is no fault, whether it be in the day or night ;
the owner is present and di>es not take care of them. If there be
no fence, let them be replaced. If they do not die, but are hurt,
blinded, or have a limb broken, lot the offender see to their cure,
and dorriig the time they are under cure, let the owner have no claim
fur remuneration for lo^t time ; he did not take care of his cattle. If
the animal recover, let the owner have him back and pay the damaj/c
d«iiie by the ire^pa^v. This is only said amon;^st people of low degree.
If thcj Ik* the butlalo, ox, horse, elephant, g<»at, pi;j, or fowl of the
Lmjj, queen, princes or princesses, it has been laid down that it ran-
Q'K be tried, ft ha^ also been said that it can. If an animal belonj^-
iiij to the kinjT shall be killed U\ mistake, not knowing him to he
tl« property i»f tlie kmg, as it is said, if a pers<»n have connection
vith the queen not knowing who she is, there is no fault (bey<Mid
the fault HI common people;) on this account the <pieen, heir appi-
reoi, prince* and princesses, shall do nothing in disijuise All the
•<id* ha%e fiaid that there has been great and frequent h>ss from di—
ruiting and concealing what ought n(»t to he .•«o ; and for this rra5«»n
•h king, the property of kings, horses, elephants, buffaloes, oxen,
t!l animate: and Ijoat^, carts, barge.«<, ships, citie-, ccmvents, za>at»i,
«uh all inanimate propertv, should be marked that they maybe
known If pro|K-rtv so marked be kilUd or destroyed, let the otlVnd-
rr make r«*Htitntioii to ten times the amount usual amongst common
proplr. It tropa-^ be commitrd in ;« field or i'ardni. tlu»uj:h (the
tbimal* Ik- ihr pr(»pert> ) of tlir kin^r. conipen>aii«ni sh«»uld b«» pai«l,
md in tb.it ei'W' h«» shall esmiie punishiiieni in the next state of «*x.
So
«§oo^c^i8o8Gp o^Gps j|8cooSoooScoo5iOD^oog£ jjSc^coooSfi^S
aDgsoSj^coo8^c§i«£8CX)g?DQc8s©6^io680ogj)o:^cogS«ico8tJ^
oSs£oaos6|^£s^S£cx)oiQgc^^<?oooj|£6|^'«oa3d^cooS^dKi
c^^sc^^^1sco^oDocoK^&§«ooo8ad§8adj|^3dcl^8tiojgSf
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oo8o^^scoc3^oDo^^oo(£)i ad^8ad3^iOd(^9dj|(^Q^^«d^tGd
COIGd^sd^^i9d9§<^gl86p(£nC^:^^1sSpi»^aD^O^r^iQ^C2|^
V»^i98sCOOo£o3£aCXg^8C§o88i60^0oSl9C^o6sCX)09^<^O^^nt
CODScO§8iOg08§C^S8«j8Bc8coOiOD^CO§i^Sf^j^0800nSogOtCpi
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cooo oS^co8<o e c|^c e I
C5^8(^g^08j|Sc:§ODi^lOO^OggOC^C^oS»^iC»5§oS^d^oS
C[p(^C^S8COOCX)^8ad^B(()^i Gd od^<^88C0^8Su8C©l cQoSogSo^9
oo^aocQ88co^8 c^oSc©!
05on§c3g^cQofS«^d^cQS8«cQoSioS^028c:QoSo«fi^cx>oico8
og8i c^3l08cooc(jjooS^i <^^«^5|^» QC^oSJ^8old§^o3gS»d^£t
9^0Di C:Q<7SSoa^Gd8dBcgC7S^C08C©C^C©iad^8Q§G[>lCX>g09^o)
c5^8j|8o»cogooSoo£^iigl8coooa^n§ioo8ogo8cpi«gooSc^
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oDoc^oSogcxj^i ;^8^8oo8gc^oSoo^f:^i d^aa6i<yo88o8oo8cx>ic»
•O8»C^f|[)lCgoSc©l^^00^8^8^l ad©08CO^S(eiQ^S00^ ^$>^
61
t^tnce. It haA t>ccn decided by the* sago recluse in the world in
which th^ gofl Depeankarn hn<l his existence, that if the king com- *
mit wJultery with the wife of his slave, there is no fault. The king's
priiperty !«hall not touch the common people, and if the common |)eo-
pledi* MiH touch the king's property, the four laws* of Thengawooloo •'^'"* '**•«"
«ili l»e fuliilled. This Mem>o, the sage recluse, the soil of the king ^^^^^^
.- w% I - I takini; ncltliei
•a tfymanfl, sanl. hkt*- nor lej-nlmi
%'al 'i'L I I' al L' ' c * 10 per CI. fti* mi^
•i.>M I hf Intr resfftrainir the hiring of cartf. furduiy;—
When the cart is hired and Ixith parties present, the length of the '^^^©uo
<k>uhJe pole that rests on the axletree, the body of the cart, the axle-J|;»>J"5 *'*''^-*^'
tree, the yoke the (padaun-koe) wedges of the bush of the wheel, ther«r their miLbM
(padaon)'bush itself, the (hlay-twik) bar across tlio inner <*nd of the ;,;';;,;,;;;;'I "'"''
<iodble pole on which the bcKJy of the cart rests, the (let-yam) little oo^^^cjioo
plaiftM'm in front of the cart ; the (let-ten) rails of the same, and every ,nakiii<? mifaucM
things bel«fnging to the cart, are to be looked to, if they be strong i<> ixmr jH-opi^,
and perfect, or liroken, or cracked ; the distance to be travelled [f^'ihn'fyeil^**
«hflold be Mated ; tl»e amount of hire, an<l what weight is to be put ooococjo
till ihe cart; how much it can bear, sliould be settled; the nature u„i„c. r.Mirtrotm
nf the road, if there b^ hills or bunk?, or stickini; clay, trenches"'"' 3ppr"pr"»»;
<ir Mones. Having settled this, let them make their bargain. After lui: to t7t.>.ii{«Aii(f
all thi» M kmmu, lhouj»li the can shall go the road agreed oii, irkt^:i:;!^^i'^[^*"'*'*'
tir drnirii in an unusual manner crossinjj the usnal track, or if it
-hi.l be broken or oracketl from the cattltr not being broken, let the
t.irrr mak«> i»<Mui all daiiiaijc done. If the owner of the cart shall
•Jrur the r^ttl** i»f llio hirer and the cart Ik* broken, the hirer shall
*- U* M {rcf* of bl.iine 'I'he owner i>rihe eart shall be resptuisible,
'ii'l !••! the hirer «»nly |><iy hire for the portitHi of the joiirnev tlone
r Atrk .ici'oinpli>he(l
ll .1 r.irf. l»iitril<ieH nr IxilltM-k. and ilie owner he liiretl to earl
:■»*!-. nnd il after the hire i- a:»reed on in eariniL! tht» m><»<l> the
• if. 1- bri'kf'ii. i»r the e.itij#- dn*. ilirrr i«» no blatin* to iln* hirer . l«-i
> Mi|imI ited hire b«- paid, and iIm- \vt»rk a^ree<l on !»«• done
\( I '*iri«:r hauii;; received \\i> hire does not cart ili«> ^tHNU a^ritd
». .-r (*•*•* ihr wtirk Willi dili(orine«<s, he *«hall not lia\t' liir* liirr.
'ri4i*hiit r» turn wh.il In* fia** reefi\i*d tlienoh tin** i^ ^-anl iltlif vux-
1 .*. iJi* d. ft ill*' « art l»«'»'n i;rokeii. ainl \\v tiri'** lln' ■•'' J> |»I«'.«
• •■•• fi innj tnii-lied hi- work in iiinr ji't hiiii Im* paid r«»i wli.n
-J- «iiiin' !»•' ^llall rii 1 lit Im'IiI in t.itih : he \v.i- line li» In- t'h
:*Z* ■»• I' b I' !• »d 'I •' tin- |>MV\t'r lo tuhil It
If Ml*. j»hk!- .*;*ri »'d i>» |»i» f.irtid br |Mit mi ilie iMit l»v the e.irii i
* '• ■•^•. :»'■'• 'd l!ul .r»- lo^l |»\ j|ir \\ ;i\ , \v{ hi III lll.lki 1 1 J'^ ^i\
I . . «• . f* li k< d i-; r«>i»lM r**, ilnl l.i- rart .ilid e.iule. a- \U li i- iln
.• ••!« w . j-M d ••!!. In 'i .l! lilt iiiak*' ^(•^ll(lltinl| III lllflli br I" I
*• i" .'itrlf *M ii..t r ,\«'n. but ■•nl\ v\nat \va- ••n tin* e«rt. ti n '•■
0 '
OD^C^ §% Q^oS^mhoQc^Bf Q^t^^c^noi 9|o^> OdoSoSa odoooS
j^So^s|SiOOC^8|8oOoSigoS«^S« cQ8l§8i^l OdCOOtBOdOOlOdOsSl
od$ooo8sc^^oSGco8^ic<^j|8j^Si ^8 ojf €(>c§ c^ooSc^cpdli oSt
j|^cQog08a^80d6^6'c08i OdC^(^8C|>l6^oScOOd^^OdSOOOaSj^§l^
^Odc8odcx)8g1 <cpdli d^cg^n 8 ogo8€[> looooS^Cj^ao^Cj^ I i03SqoSo9
d^c^yo^oSi G6^^i£8^oDOCC0^8goi ocSo&goi Qd8t Qoo SScjioS
0dCC0088Q6^i 0d<goS0dS8^8OD^C^cl^ODO9^8i iCODtdO^
QcooSiQcoocS^Si cootf3o§ QQ^c^a^Qet qc^^SqcqcB c85cmi
CQ^Q(goS§iCOC^cS§oSc^^30^0dcQ880goS^C08C8lG09^IOOO€p
cig8igo$cQ8i gcScocStcocS(i(i^S^» (gc5S8o|igl8eodood^)co8
qgqcSqcoocS coooccoc^o8i CQ^c^oSji^ccooD^t d§to<9cbc8
C^oS8»SOoSG[>Dg088^(goSc^CC>D6igl86^88adcQ883deOtCO(S^jCOt
^08000800^1 6)^oSo3§oo^Odc:Q88 co8cei Od^Sco^c^Stf 8tooo
(^OD^lCCOoSu GC^CIg8ol00<j] ^8b d§80n8l gc£cQ8l goSoOoSQ
«oooS8u^8(goSSs^f odooSccos (30 0^6^03^ 9^ oo<2|i odca>o8t
c^oSoo^c^oo^jGc^ jlSq^Odcfsei OdooSo^ogc^oogSoo^ooood^ci
^oSn^O3^80CC^j|SoOlS8O2c2co8C€>li
62
known iu the neighbourhood that robbers did attack him, he shall
DOC mftke restitution ; let him be free. If they be stolen in the day
time, he shall make them good. If he shall say they have been
taken, when they have not, and it be proved on inquiry that they
have Dol been stolen, let him restore double of the same kind of
|oods. The rule is the same as regards robbers. This is the end
of the Isw regarding the hiring of carts.
26/A. Tke law regarding the hiring of boats.
Wheo • boat is hired, the owner of the boat and the person hiring
ahttt Bote in the presence of witnesses. If it be a lang, (small canoo
without side boards ;) a tsat-teng, (a boat with side boards;) a peng-
gmuma^ {a kind of rough beun boat,) that one or two can ptsll ; the
oarSy the sails, the ropes, the masts, the head, the stern, dammering
or re|>airs, and whether it be old or new ; they shall declare as to
thcioumey, whether it be long or short, when it shall end, whether
St a dtstsnce or near the place of hiring; and having estimated the
the tiaie, let the boat be hired If in performing the journey in the
ososl way, in ascending or descending the stream the boat be injured
by 1 soag or whirlpool, let the hirer replace it. If this be not the
esse, hat from stormy weather the hirer be unable to manage it, and
the host be lost or destroyed ; if on the same day the boats in com-
pany he not destroyed, let him pay half the price of it, that is, when
the host IS not repairable ; if it be so, let it be repaired and rotiirued
to the owner, and let him receive it back, and the hire agreed on
ihsll he paid up to the time the boat was destroyed or daniatrctl. If
m a common breeze the masts, yards or helm, not being Hirong,
thsll break, ha%ing considered the prevailing winds at the time, ^vlic-
ther the voyage has been prolonged by the necessity of rowiujr,
poling, or dragging the boat, the days the hirer could not take
advantage of the wiiid.^ be reckoned, and let liini not pay for them
asy hire If happening to go out of the proper track the boat i^ in-
jsred, let the hirer make a boat like the one hirtii, mid ^mc it to
the owner He ^hall not claim a right to repair irid return the oUi
ooe Let him also pay hire for all delay beyond the time agreed on.
In a voyage in a lK>at, if it shall *>pring a leak Hitlioni striking aiiv
tbiQg frtmi the insuHiciency of the dainmering or repairs, if any of
the laMenings are de^lroyed, the helm, or any of ihe ropt>. ina.«»t or
lards, shall break, being bad or weak, let them he made over i«) tlie
«»«iier c>f the boat, and let hiin pav th*: hirer all th*- ( xpun^e^ iii< ur-
r^ in rou*equcnce ol the breakage.
e<5i-^5''i^8«o^d85i@ii(^iiwcgoi«8i§6§i«(5j|£^t»'S'^^«
CBiBooS'cioScg^^^oocojfBcoc^ScgEicogoS^s^Si^oDiuogoigS
wd^i co:SiQScetj(ScopSc^Sco^t oEco^ii cc^Si^Si sQeaptS
ggowoli Gc^ a^iooEi 8icco?Eco|S* cc^i:^t osc^i sotcei c8u3
co^i ^E cc^^^iagSffcooS DapSrS sB D3co^ii ajmolicmoT
sQc$epi^o8t33Ecp>cco§&ico3^iecos3i§tfE'cgqisf^c«9E
63
ffaiiiiir hired a boat aini taken clinrgo oi it, if the voyage caiinof
fir perroriiiod, and returned to the owner within ten djiys, let the
liirfr li»M^ half a month's hire, and let the owner pay back the rest.
It' It l>e lieyond ten days, a month or two, and there be an original
rf^rreemeut as to time, even though the hirer should not be able to
[•erform the voyage, let him pay the hire ; let the boat be returned to
iii^ uviner, and let him receive it. If there be no agreement as to
iiroe. but the whole hire lor the job be advanced, if the hirer cannot
;r*». without reference to nine or ten days, let half the hire be for-
feited, and let the boat be returned to the owner. If, after the money
hi» be«o paid, the owner cannot furnish the boat agreed on, let him
::ife another ; if he do not, and cannot procure the original one, let
liiio, without reference to time, restore double the sum advanced ;
efen if a year elapsed, nothing more then double shall be refunded.
If doring the trip the boat be lost, let the hirer replace it. If he
M-ll it, fei him pay double. If the chief has really taken it away, let
ttie hirer point out the person, and if it be proved true, he sh^l not
lie held in fault ; it is the bad luck of the owner. If the chief has
tn4 taken possession of it, and the hirer shall say that he has, when
h«- hijifrelf has sold, concealed or destroyed it, let him pay five times
>t« %jlut*. because he tried to shield himself under the name of the
• nti If on the voyage the boat be burned, and none of the goods,
•t the hirer pay the full value of the boat: that is, when it is the
•-.lit U»4t burned. But if the boats of others are also burned at the
A.iii!;: place, the t»>wn or village being on hre, and the wind high;
^ .t the junjjlt* was* on tire, and the hirer shifted his berth to get
u\ .♦! the way, and is wa;* burned by llakesof fire falling on it, let it
• «oi.'»idered the fortune of the owner ; he shall not have it replaced.
Iri ri.*#*% of hiring and travelling, if they be in<(uired into and de-
f «kd according to what has been laid down under each head, the
if \m\%^ «•! Theiiga-woona will be fulfilled, and the laws of the Da-
j.itii^t which were fir>i esialili?*hed at the beginning of the world,
• ■ *»*.! Ii fhrouL'h all succeerliiiir wi»rlds cannot l)e lost, will also be
'i i»«f I'hii* Meiioo. iIh' >aii<- recluse, hath saitl.
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:i
THE THIRD VOLUME OF THE
GREAT WORK OF MENOO.
/ W9rtkip ike god who is worthy of homage , who possesses an intui-
iivf knowledge of good.
CONTENTS.
The third voluroe of the I&rge work of Menoo commences with
the 18 roots, and contains the K>ur unchangeable and the original
lairs.
1. When the lender of silver is poor and the borrower rich.
2, The law when the borrower is weak and the lender powerful.
3w The law when a man is valued and paid over as part payment.
4. The law why a person receiving lands, wet or dry, cultivated
fields, garden, which have been valued, in payment of a debt, shall
Boi have a right to them.
5. The law when he may have a right to them when so paid over.
6. The law when other property is valued and handed over in
payment of a debt
T. The law when a debt has been paid and payment denied.
!;( The law when a debt is incurred and denied.
9. The law when borrower and lender dispute.
10. One word regarding bets.
11 The law regarding debt when the parties are descended of a
common greal-grand-father, or when they arc not.
1*2 The law when there is a new transaction when the gold or silver
li weii^hed out again.
13. The law when it is not weighed out afresh.
II The law when regarding borrowing all kinds of cop|>er.
15 One law regarding borrowing grain.
16 C>oe law regarding borrowing inanimate property for a hand's
turn
17 One law when merchandize, animate or inanimate, ordered
but DoC delivered at the time agreed on, takes the nature of a debt,
fjf noaey lent.
11^. One law when (merchandize) sold to be paid for on return, takes
the nature of money lent.
19- The law regarding six ways in which debtors deceive their cre-
ditors.
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65
IM). The six laws where creditors debeive their debtors.
'31. The three means by wliich some of the creditors and debtor
comhine to deceive otber creditors.
"£1. One law where for a debt of paddy a oow is taken.
t2S. One law when elephants, horses, buffaloes or oxen are borrowed.
•14. One law when paddy is bought on credit, or silver is taken on
s promMe to give paddy.
25. Oi»e law that wben a number of persons have incurred a delit,
those who remain (in the place) shaU pay.
its. One Uw when a party, though not mentioned in the engage-
ae«t, if he accompanied the borrower, shall pay. .
27. Two laws when there are many parties to a debt, when they
oii|lit to pay, when not.
28. Ose liw when a Rahan iends silver to a woman, knowing her
to be • wife.
29. One law when a woman incurs a debt in the absence of her
OQ a trading expedition, or with the army.
I. The law as to whether a wife shall or shall not pay debts con>
traded by ber hysband without her knowlcnig^.
31. The law as to wheilier a husband shall or shafl not pay debts
cuiMrscted by his wife without his knowledge.
32. The three kinds of debts incurred by a husband or wife in
rock fighting, putchees, or betting when drunk.
33. The three lavis when children or grand children should pay
•Qch debts.
34. Tbe four laws whether children, grand children, or great grand
children shall or shall not pay, principal and interest, debts contract-
ed by ibeir grand parents without their knowledge.
35. Tbe law whether grand parents shall pay principal and inter^^st,
Of interest only, of debts contracted by their children, grand children
or great grand children, who have lived with them, on their death.
35. Three kinds of debt contracted by parents, which their chil-
«'ren tball be caused to pay, even if they be ignorant of their contrac-
37 Tbe two kinds of debt incurred by children on account of
their parents.
3H. A traditionary tale or precedent, that children shall pay in
certain cases debts contracted by their parents, even without thsir
knowtedge.
3Bl Tbe six kinds of debt.
40. Two laws as to the pr^tpriety itf eonhiiiug debtors in the stock?*
41 Tbe law when a creditor is diitrespectful to his debtor, when
ibef bauk and spit on. Mrike. slap, pull his front hair, puU off hi^
o6
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66
cJothe^, strike him with a 8(ick, st^b, or cut him with a spear or
!(«ord.
42. The law when the debtor is disrespectful to the creditor.
43. The two laws where the debtor and creditor are one of a high-
er and the other of a lower class.
44. The nine classes of men who shall not be arrested or confined,
thoogh the debt is really due.
45. The law when a creditor shall say he lent twenty, when only
ten was lent.
46. The two laws, when a man has a head and lesser wife, aoii the
MI kinds of concubines; regarding the eight kinds of debts incurred
by them without his knowledge.
47. The law when the husband contracts debts without the know-
ledge of the two wives and six concubines,
4^. The five kinds of wives, and the five ways of paying debt8.
4il. The law when a head-man of a town or village shall receive
a runaway slave and borrow mon^y for him, or lend him his own.
50. The law when paddy is borrowed in a time of plenty, and a
promise made in a time of scarcity to pay a balance due when it shall
ai^in be plentiful.
51. TIte law when a debtor is confined by his creditor, that his
parents, wife, husband or children shall be held responsible for his
debt if f hey have begged him off, even though he be not released, if
be run oflfand la not to be found.
.Vi Id the same case, when one not related to the debtor shall in-
tercede in his favor.
'mL The three laws regarding security, and four cases where it
«hiil be made good.
.VI. The law when one person is security for many debtors.
55 The law when one debtor has many securities.
56 The tweUc kinds of security.
57 One kind of debt which may be demanded of the debtor, though
thr "ccurity is present.
>. The law when a debt is demanded of the original debtor, though
fV security be present.
5Cf The law when heavy debts are incurred, and parents are about
to fell their children.
lif^ The law whether parents or relatives shall or shall not be held
reiifMfiQ^ible in ca>€ (tfthe debtor getting away from his creditor.
•it. The law when a debtor coiitiiicd by his creditor hangi himself,
^ when he puta an end to his life by throwing himself over a bank
'f precipice, or into a ravine.
♦V2 The law when a >l.ive borro\\> money from one who knows him
* br •o, or from out* who doe* not
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67
(9. The law wheu a luaster and slave contract debt coujuiiitly.
64. Tlie law when a person who accompanies another to pay shall
or ihail not pay.
61. The law when a master has no children or heirs, and goes
vith bts slave to borrow money.
66l Wlien a widow or widower borrows money.
67. Two laws regarding the transfer of debt.
68. Tbe five descriptions of people who may be sent by the chief
or jvdfe to demand payment of money due.
69. The aeven places where payment of a debt may not be demanded.
70. Tbe cases in which the person who pays the funeral expenses
of a deeeai^d debtor shall or shall not pay his debts.
71. Two kinds of debts incurred by a 5rst husband or wife, which
tlie second wife or husband shall, which he or she shall not pay.
T% Debts incurred and a promise made to pay in so many months.
Td. TJm four rates of interest.
74. Tbe law when debts are swept away, (or the law for the rcliof
of msolTeot debtors.)
75. Tbe law for breaking up the collection of debts, (or surrender-
Mig of creditors.) The total of these laws is 158. [This number
caBwA be made out.]
This (Pali) verse relates to the eigliiren radical laws of tlie
I>a«athat.
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63
fl^viiiir hired i* boat niiil tukeii chargo oi it, if the voynf^e caiinof
tif perforiiieH, and returned to the owner within ten daiys, let the
hitt-r Io>4* half a niontli's hire, and let the owner pay back the rest*
if It he lieyond ten days, a month or two, and there he an original
it;!reemeiit as to lime, even though the hirer should not he able to
iKfrfikfin the royage, let him pay the hire ; let the boat be returned to
(Jk* omne? , ind let him receive it. If there be no agreement as to
nme, but the whole hire tor the job be advanced, if the hirer cannot
»o. without reference to nine or ten days, let half the hire be for-
firited, md let the boat be returned to the owner. If, after the money
hto been paid, the owner cannot furnish the boat agreed on, let him
:;iTe another ; if he do not, and cannot procure the original one, let
kim, without reference to time, restore double the 8uni advanced ;
eien if a year elapsed, nothing more then double shall he refunded.
If daring the trip the Iwat be lost, let the hirer replace it. If he
«rll it, let him pay double. If the chief has really taken it away, let
tlie hirer point out the person, and if it be priived true, he shnl not
W held in fault ; it is the bad luck of the owner. If the chief has
im4 taken po.nsession of it, and the hirer shall say that he has, when
h«' hini>elf Udn sold, concealed or destroyed it, let him pay five times
•t* «4lu4\ because he tried to shield himself under the name of the
' 'itt-f If on the v<»yage the boat be burned, and none of the goods,
M the hirer pay the full value of the boat: that is, when it is the
' .tl% Uai burned. But if the boats of others are also burned at the
i.tifrj pl.icp, the town or village being on fire, and the wind high;
' .! the juni;If wa?* on t'irc. ami the hirer shif\ed his berth to get
it ot (he Mav, and i> wa.n burnrd by Hakes of tire falling on if, let it
• •oi.'.idereii the fortune <»f the owner ; he shall not have it replaced.
I'j ri.#* ,,( hiring aii<l travelling, if they be inquired into and de-
r «if d arcordiii{r ut what has been laid down under each head, the-
ir l4w^ ••I'TlKii^a-woniia will be fulfilled, and the laws of the Da-
i'ttirft which were fir>( e>tal>li>hed at the beginning of the world,
• *;•,€ li ihfoiitfh all Mirceecliiig worlds cannot b<» lost, will also be
•i '♦€! I'hii^ .M«Mi(M». tin' ^aiz«' r<^rhise, hath f*aid.
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69
*Z. Slaves giveu to paguilas, temples, or coayenls.
^ The boundary marks between cities or villages.
4. A slaTC who has descended in the family from the fore-fatliers
of Um owner, aod whose class is unknown^
Tbete (our things, though not in possession, though they have
been in ibe possession of others for hundreds or thousands of } ears,
iht original ownership shall not be lost.
Tbe fire originals are as follows :
1. An owner of lands, dry or wet, permitting another person to
cnhif ite them for ten years, of which there is evidence.
9. Money lent, and not demanded for ten years, though living in
tbe mme Tillage or district with the debtor seeing and knowing that
ne M UMve*
3. A alare bongbt of a known class living for ten years in the same
rUlafe or district with his master, without being employed.
4. Taxes, dues of the Thooghee, Governor, Land-measurer, or
Head- man, which may hare been discontinued.
5. Tlie mailers connected with inheritance.
The law when these five, though originally in force, are lost, or
foregone, is as follows : As regards losing, or foregoing: If a man,
vitkout asking leave of the owner or hiring his land, shall with his
knowledge cultivate it for ten years, and he shall then claim it, he
»bUI not recover it; let it be lost to him. Why is this! — because
Che person in whose possession it is has had it so for ten years witli-
€•€ leave obtained or rent paid for its occupation.
If a creditor shall live in the same village or district with his debtor
and shall not demand payment till af\er the expiration of ten years,
if ii be then demanded and proved, let the principal be paid, but the
talerest the crcdit(»r shall not receive — that he must forega Why
b this ? — because at the time of borrowing tlie money it was certain-
If understood that it i^hould be repaid, principal and interest. The
principal shall n<it be foregone, but the interest, as it was not demand-
ed ibr ten years from the negligence or idleness of the creditor, that
he sImH not have ; he must forego it.
If a bought slave whose class is known, or even if his class be not
known, whose rigtK of redemption is with his knowledge not lost,
tball live in the ^amc district or village with his master without beint;
nnployed by him for tenyc.ir*^, let liim bo rrlra.Hod frf>m his condition
fif a jkUie ; but the ninstcr shall not foroc't the tiriirinal sum paid : let
the !ilave pay that: but nil nionry \n>\ U\ Iiih rca.sinj; to work, and
all the children born after tic i«>ok the money ot his master al>v>, sthall
be ioregone Why i- tlnj. ' — on accoiini ot tlif leiigtb t.l Umr he re*
mun^d unemplo\ed ^
10
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TO
As regards duties or impostd, (whether they be iriternal duties of
Um district, or transit duties on the traflic with some other town or
district with which the communication is constant,) levied by tlie
thooglMe, goremor, land measurer, or any head man, if they be
eoileeted by one for ten years, and another shall then demand
ihen, on the ground of being the person properly entitled to them,
and thst the person who levied them had no right to them, he shall
not recover them ; let tlie person who has collected for ten } ears
keqi them. Why is ihist — ^becanse it (his Jong silence) is equiva-
leat to consent.
As regards inheritance; on the death of parents aad partition of
tWr property, if any of the heirs being called shall not attend, if
his residence be not at a very great distance, and there be none ol'
the great* difficulties in the way (to prevent his attendance,) if
after tlw expiration of ten years he shall come and demand his
slufe» lie shall not obtain it, it must be foregone. These are the
its cases in which a claim, though originally good, is lost, or must
ha foregone. But if within four, five, six, seven, or eight years,
adeaaand shall hare been made in presence of witnesses, or if a
sait has been entered for recovery, though ten years have elapsed, let
the owner recover. If nine years have elapsed, and the demand be
Blade in presence of witnesses, or a suit have been entered in the
tenth year, though the claim was originally good, let it be lost or
Uitregame, as laid down abme. This tlie lord Menoo said. Those
vc the Moola Gna Ba.
Is/. 7*A« law when the lentlrr is poor, and the borroirrr rich.
Oh escellent king! attend to the laws for deciding in cases (»!'
Regarding the way in which Kings, Ministers, Governers, or
Thooghees, aAer inquiry, shall settle a dispute between a potir crr-
fiiior, and a rich and powerful debtor.
If the wh<i4e claim of the poor creditor l»e substantiated, let the
rich debtor pay principal and interest before the court then sittiu)^
2i/. The law when the borrower 1 5 weak^ and the lender powerful.
If the cre<litor be rich and the debtor poor, and the claim be esta-
Uifthed and admitted by the debtor, if he shall plead that he cannot
pay. and if it lie true that he is unable to pay ; let him give the se-
rarity of truHl-worthy men ; let the creditor make liim a farther ad-
%anre, with Mhich let him trade, and pay the whole sum, principal
«nd int«*re«tl. If he cannot furnish the security and ha\e iioi iIm*
mean* c»f pa)ing, h-t his" person be Mink," (become a slave,) and
^8cg8co^cotcj§Q§oot^Sc§oSoo^g6cogt^8c8i^§QOC)Otaooi
cBsodcg ha^o^Q f §^8co^8 f See i§oo(jjcx>oS§odoS ^•OMQtd^
^085fCpl@j|S(?gCg^C035cO^8lC^OC3Sc§«CJSpldK«»gSa^&
iSoogScei
goS6^8ta3^sd^c[>iOdog8sdooosi8oSo^(^^o9<j]c^icofcgtc»iC^
9
goS^.OdQ8og88oo9eoDSco^8id^god^880dgot^§g83^io^8
^«)SscgiCX)o9oDOl(^6sOg^Sl gCX>^0a3^C§C^lg»OtO!>O^
C6[p8«^lOd^8§C30oSo30^i03^SOO(S'gg^COSOoS C^OO^^foOl OoS
o2@j|S^8c0i «odoooS'c^o8^^so2j^cr>osi od^todSoof^
e
gSsi so8o3cS§o3cS^B3dog88i odg^iOdoo^i a^SSifptf09a^^
»8c^tlg»08OD90<^00^8l^CX>^i gjjSoDQSCxSgSt ^@03gSl
^•cg(»o3Joocoo9gS^i @ j|£cc9ooo8g« |c^^i oogogceicgCD
oj|(yj6aooSo3og8^igj|Scc5noo8ciS8| aD|ogcGi6ga^sa)c5§S
71
let bis wife, children or grand children, his heirs, if Jiving with him,
itoo become slaves. If the whole of his property, animate or inani-
Mie, be taken possession of, and do not cover the amount of the
Ml, tbe creditor shall have no further claim ; let Hhat he has done
be a final settlement.
tU. ne law wken a man is valued and paid over in part of a debt.
If a debtor make over his property, animate or inanimate, at a val-
aatioo, and his relatives wish to redeem it, let them do so at the
pncm thai was fixed by the parties mutually by written engagement.
Tbe children of a man (so handed over,) shall not be claimed as
bora dares; and if he (the man handed over) shall die, the creditor
loses kts price.
iik. 7%e Unt teh^ a person receiving lands J wet or dry , which have
ketm valued ana paid over in payment of a debt shall not have
fmtt right to them.
Ob king! if lauds, paddy fields, fruit gardens, vegetable gardens,
be valoed and handed over, or e?en sold outright inpayment of a
d«>bt, if it be for the payment of both principal and interest, the per-
•oa receiving shall not have a full and perfect right to them, (if the
origiiial owner or his heirs shall wish it,) let them be redeemable.
Tiih Tlu law when he may krive a right to them when so paid over.
If they be htnded over by the debtor ai^ sold, and their value be
ffieaier than the amount of the debt, and if the creditor shall bona
Me pay the difference, let the buyer, the creditor, have a full right
lo tneni. Why i^ this? — becaiiso bo paid an addition, a fresh
amount.
(VA. The law whtn the property is valued and handed over in pay-
ment of a debt.
Oh king ! in another case, if any other pro|H*rty except men and
laiidf be sold or handed over at a valuation to a creditor in payment
rifadebt, such as buffaloes, oxen, elephants, pro|>erty, animate or
ioanimate, as rings, bracelets, piece giMxls or rolled goods, let the
creditor have a perfect right in tliem ; the debtor shall not claim a
right of redemption.
1th The law when a debt has bnn paid, and payment is denied.
C>h kini; ! when & delator shall say he has paid a debt, and the cre-
diliir shall deny that it has been paid, if there be no witnesses, and
thry he equal in family, title, and rank, if the amount l>e ten tickals.
fef the creditor make oath (that it has n^K been paid) at the head of
the Mautt or <llep^. If it be twenty tickals, let him make oath at the
hoiiAfii «>f tiM* «frp- . if thirty tickals. let him make oath at the foot
1J
c£f^ffi}r8]Ssoi ao^srSo3§t uu|ecoS< cc33n3(f^ jf&asaSi m
sooSt a>8a»3yws^o33i cxk^oS:^) cgo»o^(S'c^i9ouS@&^Eu8i
u£t^tlgj8cQCgiCQ»0O3^8^U^*@*3ICn<(»GSgiW0Da^ugi
cgSc^gBcDicc^raoigii ec^TO9(eiEioacSn3)§c3»33So8« ^^T'
cBcd<^^icg(»9)r^eco3ciS^gj|Eig«3tf»i^taaSo2i03w^aK^
•otioEi^ofrSco^igeoiscei gjjEusQi g«otr^cutoa(9^33|3
^°SSI^' «<^^Eig^cei wEiolc^r^ co^(ga8s c»i fsajj^f |&
aoo?c»39gSi(x>833C>oi|&8a]03g8(ncogtij^^i3aotcgEo^33g^
ofr^ooeot^se. geois^o^caoS. 8<?<QEig^».gj|£:§(n<$^.g
72
•f tnme remirkable tree under the protection of a Nat. If it be fof'*
If, fifty or sistf, tickals of silver, having called to witness a Nat to
to whom oflTeringa are made by many people, let him make oath al
Ibe Cool of an image of the most excellent god.
In anocber case, if one be of a good, and one of an inferior class,
or one a good and the other an indifferent observer of his religions
4«tiea, lei the superior be sworo in the same way. If one will not
bditte the other, not only seventy, eighty, or a hundred tickals of
•ilfcf , hot eten thirty tickals, the price of a man's body, may be tri-
ed by Ibe ordeal of fire, water, rice or lead, *' the four districts of the
Whether by oath or ordeal, if the creditor lose his cause,
if Ike money has been paid and he denies it, and from covetous-
the suit, let him return to the {lerson who has paid the
ke has denied. If the debtor, the person who declares he
km paidy ahall not have done so, and lose his cause, let him pay the
Money claimed by the creditor ; let the losing party bear the proper
ine. This the lord Menoo said.
Sik, The law when a debt is incurred and denied.
Oh king ! if a creditor shall demand a debt, which the debtor
denies, on a written engagement with the writers ' and witnesses'
(Btmes attached,) let them be sworn and examined. If it be proved
ikal tbe money is due as stated in the engagement, let the borrower
pay double the amount, and let him also be fined. If the witnesses
depnae that they know nothing of the transaction, let the plaintifi*
pay tbe defendant the amount demanded, and let him also be fined.
9tk The law when the borrower and Under dispute.
CNiking! If a person shall claim from another money which he
Kaiea to have been borrowed and due, and the other shall deny the
dekl, and when the engagement is produced by the claimant, if it be
«ritien by himself and no witnesses, and the amount claimed be ten,
twenty, thirty, or sixty tickals of silver, and their rank and class be
the same, let the claimant make oath at the top or bottom of the
■irpa, under a remarkable tree, or at the temple, according to the
•moanl of the debt claimed ; if he will take his oath, let the (debtor)
pay doable tlie amount paid, and also l>e fined. If the creditor does
imi iiwear, but calU on the debtor to do so, and he does swear, let
the claimant pay him the amount and a proper fine. If the amount
he upward* of fteventy, a hundred, or two hundred tickals, let the
worthy of credit Im» !<worn. Iflh<* defendant will swear, let hmi
a9
I309t
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^eoDooj^BScgSi cag^8ccooS^}8 a^oSce"8o8c^8i §88Cf|iflijj|^i
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cx>d^800^8i 3d|8j^8jrooo3^cx^gd^G(pi Od§8|§eo8(^»cotQaof
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ggOj|5ffaDgi05c^8OTj^o%n(^3ac^S4g^ic^«60DOC^go8oog5tiCP|fc
73
recofer t aom eq«al to the amount demanded. If tlie claimant swear,
let bin recover double the amount claimed, and let the party declin-
Nig to awear be fined. If neither is worthy of credit, let the case be
decided paldicly by some kind of ordeal, and let ilie losing party pay
or restore the amount, and bear also a fine. As regards the fine, let
h be ten per cent, on the amount in dipute.
10/ A. One word on beis.
If any bets are made as to the issue of such cases, if the decision
km been given on the oath of the parties, let ten per cent, of the bet
be paid ; if by ordeal, the bet shall have reference to the price of a
•as'a Kie, thirty tickals; and of this, let the judge and pleaders have
•aa ptf ceoC The loser shall pay the bet and all expenses except
ike ise to the pleader of the successful party. This is when they
are aot descended from a common great grandfather. If they be so
tlie vmer sbaJI have no bet or expenses ; let them be foregone. This
tbe lord Meooo said.
«
I Uk. The law regarding debt when the parties are descended from a
e^wumon great grandfather, and when they are not.
lo all the above cases, if the parties are descended from the same
great grandfather, if the decree is in favor of the plaintiff, let hm
the original amount; if tJie decision be against him, let him
a heavy fine; and when the decree is in his (the claimant's) fa-
vor, let the defendant who denied the debt be fined. The fine shall
be ten per cent, on the amount in dispute, and according to this
lei fifty, forty, thirty, twenty, ten or five stripes of a rattan be inflicted
m presence of his (the offender's) wife and family, in court, at the
baser, or where roads cross or join each other ; let him be punished
viah iirapes that he may be ashamed, and admonished not to repeat
the oience. If he Le a man who had frequently done so before, let
biaa be banished from his family, clean up the dung of horses and
dcplMntfl, and be degraded to the Dwoon-tsonda class. Tbis lord
Mcnoo the recluse said.
%^L Tht iam when there is a new transaction when ihe gold or silver
are weighed out again.
The law of "turning the scales," weighing the money back. Oh
king ! when money, gM or silver, is borrowed for one year, an equal
Mnoont to the sum l>orrowed, cent, per cent, shall be paid as interest,
and this amount of interest shall not be increased for any farther num-
ber of years. But if a debtor is unable to pay (in the time,) and
•ball, in the presence of witnesses weigh out his creditor's gold or
ailrer, and borrow it again, let half as much more, or fifty per cent.
munM be paid on this. Why is thist — because be makes the inter-
est (op to the time) principal also ; and though many years may ela|>He,
let only fifty per cent, be paid. This my lord Menoo said.
CO
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Q8tJ^tlOd^Sc230^B«^|iC@<^iC^Scni09C^»^fa9C^
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6^88ibi}£icnc^a^8Cocx)83a<jgr^fl 6^oSicoi|S8^^coto^> 60s
QCOOQ^ 6G0Oa0C[>89Of 00{g€[>&Oc83dcQ8«6O80g8i 9dC^8tCOtC«l
CgCti C^o9> CX>i}8c^^CCoSicQ83o8oO^GdOgoSc^oS^l60t€X>J6»
a2lQ&j8G^60308l^C00S^dl«
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74
ISik. The law when it is not weighed out afresh,
Ob king ! when the money is re-borrowed without weighing back,
imt • written engagement is executed, making the original sum and
iha interest (to that time,) both as principal, for the interest so made
prin€i|»al no interest shall be paid ; let the debt be paid as entered in
the engagement, (principal and interest, to the date of the deed.)
This is an imposition practised by the creditor on the debtor. This
lord Meaoo the recluse said.
I4IA. Tike law regarding borrowing all kinds of copper.
Oh king ! if any roan shall borrow copper, white copper, brass,
lead, tin, or any sort of copper or iron, he shall, at the expiration of
omt jev |My cent, per cent, on the amount taken. As regards weigh*
iog back the amount, or entering into a new agreement, the law is
the MUM as for gold or silver.
15/A. One law regarding borrowing grain.
When paddy, maize, cholum, vetches, sesamum, or cotton, is bor-
roved, if repaid at the end of the year, they shall be returned two
iinJd If they are not paid for two years, reckoning four seed times,
iliej aliaJl be repaid four-fdd. Why is this ? — because there is the
Iwneal of the cold, and the harvest of the hoi season, when they
might be sown or planted.
\f*lk. One law regarding borrowing inanimate property for a hand's
turn.
Oh king ! when one who is not related, not descended from the
«aiiie great grandfather, shall borrow gold, silver, any kind of
oipper, cloth, piece or rolleil goods, paddy, cholum, vetches, sesa-
wium, cotton, or any thing used by man, from another, on an engage^
meui to repay it on a certain day or month, if the payment be made
according t') the ensagcment. let the quantity originally borrowed
W refurned and received. If it l>e over the time, let such inter-
tfi. as may be proper be paid. This lord Menoo the hermit said.
ITlA. One law that when mtrchandize is taken at a raluatiom, but npi
pmidfor at the time agreed on, it takes the nature of a debt, or mo»
Afjf lent.
Oh king! if any one hhall buy rubies, gold, silver, copper, iron,
any kind of piece k(kmIs or rolled good^, paddy, sesamum, cotton, oil,
tobacco, tea, biifral<»e.<4, oxen, horses, elephants, or anv thing used by
man, promi^inj; to pay on a certain day or month, and if he shall not
p4v nil the day u^^ietd on, the debt .^^liall only be Iiqnidated on paying
double th^ amount nrifftnally due
^3
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ooi^jl&ccK^QQ cS^Sood^scosctriG^oooSc^^^ooogSiaod^tsot
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co€[8<€gooeoc^Ss »(go5iacKfeD«^8scx>ot^oj2§8<oo^ii cI^§g|^
j^cocQQcS^M (poocSQOc^8«@c^Qdgos|8c^ca>o8t39pSea3o8Kp
ogSgeosi @ j|8^o§ ^30gS(^^n0l000t30gS09{gG[pSV9Cod^Slf
Od^§oo(jgc^g»oscx39eei i(x>fgSia^ti§j|8cgOdcQtcot
oapS|8oocG[pc^^8>CD§ot(»oj2ol€[ce|§ eoooi odc^Stodooid^i A
()8T^^SdcQsc^ao^o1»geocDos^o^gooS§8ir^c§o§@
§aogSo^i§j|8no»c^oooc^iOog8c^ooog»o«co9C»i <30fg§*
GO^I ^0J2»^0:>0COiC08»O30ti000tiC^Sol§86»i ooccx)oo5^t
cosJ>Q^iC2c^<Meol}8d|^i c^soj^oogScoft^i o^g^cot ^6g
|8cooooS §^8 6^»i og^ eoc^8«ooo« OD^I QdG^8s<^C^6m38f
j^^Qd^30?6^>|8aooocScoi9Q^8c^o5ce«
75
iNh. One Imw wktn merchandize sold, to be paid for on return, takes
the nature of money lent.
Ok king! if the «bovc things, animate or inanimate, shall be sold
HI eredil, Ibe price fixed and the article taken away on a written tiu
lym to pay on return, if the buyer shall return to his time and
pay dw price, let it be paid according to the agreement. If he do
•ot arme at the time agreed on, or having arrived do not pay till
ippafda of twelve montln afler the time fix^, let him pay cent, per
oeat oa Uie original amount. Nothing beyond this shall be taken
far loager delay. If it be paid within the year, let a calculation be
■ada^ and interest for the number of months paid. If he do not go
aa vaa agreed, let the law be the same as above. The debtor shall
aol plead thai he has been unable to go as he intended ; let him pay
arrnfdJBg Co hta original engaffement ; and if he be beyond the time,
let hkm ptjr aa above. He shall not say there was originally no agree-
■MH Co pay interest. This my lord the recluse said.
fMk, The law regarding the sii- ways in which debtors deceive their
creditors.
Oh excellent king ! the six ways in which debtors deceive their
crediiara are theae : 1st, The debtor, without destroying the original
agreeient, enters into a new one to pay interest on the money bor-
rowed for two or three years. When the time of the engagement is
•p, and ilie original debt and interest are demanded, if the parties
(even) agtee, the interest shall not be paid according to the engage-
meaC; oaly cent, per cent, on the debt originally incurred shall be
paid np Co that day, and let the debtor bear all the blame (expenses.)
4d. la aaolher case, a person lends money on interest, and when the
tiaw ia ap the borrower requests that he will not cause him to take
mttmej froen another to pay, and that he will in that case make both
tkeprioeipal and interest into principal, and pay interest on both
(m— pi HI ml interest,) and shall enter into an agreement to that effect ;
aisd if the debtor shall admit this engagement, but refuse to pay, let
thm lewder only recover the original sum with (simple) interet«t. He
•Ul not recover on the engagement subsequently entered into ; let
the debtor only bear the expenses of the trial. M. In another case ;
if a person shall borrow the price of his body, and at the time shall
«iy dua kinuelf, his wife and children, will become slaves, and shall
beg MH to be personally employed, but that he will pay what his
t<fficna are worth ; when he has paid the value of his services mouth-
If tdl cent, per cent, is paid on the original sum, let this be in full.
TIk creditor shall not plead that he holds a slave bond, and should
recover hhm original advance. When rent, per cent, (on the firM
uBonnt) ia paid, let the debtor be free.
\
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7G
4lli. Ob kiog ! if a person shall borrow money under a promise to
ptj when the interest i» due, or that the lender shall tak« possession
of all hii property ; and if he shall not pay as promised, let payment
of the original amount, and cent, per cent, be a full satisfaction. The
koder shall have no right to the property, animate or inanimate,
kaaded over to him ; let it be released. .'Sth. Oh king ! in another
caae; if a person shall propose (to another from whom he wishes to
korrow) not to enter the name of the thin^ really lent in the engage-
aMSt, bat some other, (and shall promise) that he will pay interest
•Bthalf and an engagement be so made, if he has not paid any inter-
•iton ibe ibiog named, let him pay the usual interest on the thing
mfiy borrowed. If he has commenced payment on the thing
msmI, let him pay interest according to the nature of that thing.
6ih. Oh king! in another case; if a person shall borrow money
under a promise, when the interest is due, to make a holy image of
ikm gad^ a taadie, a puto, a book-case, a kaboa-book (read at the in-
angaration of a priest,) the three divisions of hetekat, a z&yat, a wall,
ataak, or a convent, and if this cii^azfcment be not fulfilled, it can-
not be enforced : let him pay cent, per cent, on the amount original-
ly borrowed. And that all men may know that he is a person who
acts deceitfully in matters relatin<T to a future state of existence, let
bim be heavily fnicd. This is also said to be a matter for consider-
ation. Them* are the six deceits practised by the debtor on the cre-
ditor.
tUkk, Tht »ii lairs when creditors deceive their debtors.
Oh king! the six deceits practised by creditors on their debtors
are as follows :
1st. If the debtor cannot pay (he interest of a debt when it falls
doe, and the creditor propose to him to take his nnmey and pay the
interest, that the money shall be weighed out ('* turn the scales,")
and if be shall thus, in the presence of witnesses, cause the debtors
to pay hiro, and say the money belongs to inmates of hi.s house, and
an en^agment to this effect be made, — this money was taken on
aeconnt of the orignial debt, — and though the engagement be prov-
ed, it is only on account of the *' turning of the scales," a new transac-
laon ; let the money of the inmates ofthehou^ie be paid tmly, and
the original sum borrowed, it t>liall bear no interest. Why is this?
— becanse it is a deceitful transaction; lot the lender be fined.
2d. Oh king ! in another case ; a person shall have borrowed mo-
ary, and not t»eing able to p^iy shall make a (Khyaing-gwinpvan,)
mttmodiate transaction, paying thr- inter^^t and principal, and be-
iure It is retiinifd to liim the creditor shall conceal it with a third
party, and tell his debt4>r that this third party has money, and adiiso
cei3dgot;)G^cooiOd00aScgoSf^soj^^oooti ^Sgi^r^^GScf
C09OC^0S00^Sig|0J|8c^»Si9)c«9^SgOCOSCSlC08§80^00gSl
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cgd^cj2 § c9oade§so6'icfooScQscgodd^8iGos§to^gj|8d^
il^co3Sic^gSooSg8seG{poSdiiig5|Sg^^»co«ojg8icf^8c»«Qj|8
oD^i€^86^8sooQgicga3oo^ieols:^CG{poSo3^i»inicoao§i€^
^scgcG{>oSa3^iCj8a3cx:)^i )So1odoo^Qdc8(f eg cc()o5^i Od
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^? geoG[8t}8 ic^seoto3^< CDdl oo^cooSi c g(»cosJ^8i Q2C|8tg8i
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77
kni to imrrow of him ; it' he do so, and on enquiry it is ibuud thai
the money was lodged with him by the original lender, let the
delKor for the money he so took supposing it to be the money of the
periott wilb whom it was placed, pay only the principal ; he shall
|My no interest. Why is this ? — because it was a deceitful transac*
lioo; let the owner of the money be heavily fined. It is also said
tbit fine is a matter for consideration.
3d. A creditor proposes when his money is due that the debtor
thall borrow money from some one else, and pay his demand in
Ml, utd promises that he will again lend him the sam<f amount. The
lithlor borrows the money and pays him, and the creditor then
refoies to lend the money. It is an imposition ; lie shall not have
Ike riglM to do so ; it is said he shall be fined. It is also said
ikit me b a matter for consideration.
4tb. When the time for the payment of the interest arrives, (the
flebcar benig unable to pay,) the creditor causes him to take farther
advaaoes under other names ; first silver, then paddy, tlten copper
ni liferent kinds, then sesamum, cotton or cloth, in succession.
Thej dispute, and this appears on inquiry ; and that it is more than
ten years since the transaction. Let the debtor pay in full two
liekala for one. The creditor sihall recover nothing for the things
*' dapped on. " In case any part of tlie interest has been paid in sil^
ter, let cent, per cent, in silver be paid as a settlement in full. If
HK>oey kas not been paid, but paddy, se.sanunn, copper, or any of the
thtogt elapped on, let four-fold of the thing originally taken be a set.
lleineat in full ; let the creditor return all that may have been paid
oe}ufid ihi^, and let him he lined. This lord Menoo the recluse
viid.
5tk. Oh excellent king ! if buffaloeM, oxen, horse;?, elephants, or
^'Ibef animals, be take.i at a valuation, and an engagement made for
the OKMiey, and at the end of the year the borrower cannot pay, but
Yiicra lo return the animal taken, if the creditor claims silver, and
anjrpartof the debt ha> been paid in silver, lot cent, per cent, be paid.
If no silver hai* b<^en paid, let two for one animal, as he was originally
taken over, be returned. If he has become lean, had a leg broken,
•< an eje put out, la it U* valurd as it is, and let the owner rentver
it back lie !*hall not plead that when h^nt it uas not broken legged
'<r Mind; he shall only ha««* tho ilitfcreiire t>etvu'(.-ii it.n preiMMit value
and ori|riiir*l valuation . on this tluTo hhiill he no nicrea.M*. If it be
lorn, let Ciro be restored ; it it b^ Mild, let the borrower pay in mone^i
■a:>^gicc^.tie^ica>oc^cnisoo5c^c^wc^E§C33csoSiaK^ie^St>
cgoSfieioa33(^c^3S^^*u;^^oooitg|Oj)SQo£«3Wflcoa9cffi3g
CO^^JO30I-05@Sg5l£3P^iCg|0fSigcfllK>SlSt0OC«^yg&
q£ggojf8tccp£iot^c»2^ogoS=goK^gOT^i osti^St^stsB^EKS
g^ot^iQjiSB^gS'gSco^i aagoS'os^if^giojiSttSsiaaDi cot
|8eotr8McSoo5SSseGociS'oTao3^ii
BOClSlOOOf^lQJcSojgSooScOjsSg^lC^gJ^IC^gwiO^jBOOoS
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e^3Sj(^oS^§eosi;9c^39ijjrficDecoc37SuQ8Sc*i teoootS
CO^i- »^«ajcS>gj|Sc0O30. gBOSf^33S^S«aiJlSO!@20^
M«l35?"5ojM3^oS<S. ggo<^^oS'ojc§ajoso^cj@C6. @j|S
O0O3Oro.c'l(§-OCgD01GJS000£l00§WS^a)3l030DClScGo£^gSlUO
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78
to his enfagement. In anotlier case, if it die wUhiii len
iSajtof the time it was borrowed, lei the flesh, skin, head and tail,
be taken to the owner, and he shall not have his price, he must fore-
go k. Why is this ? — because he practiced deceit. If the dead
msal be not taken to the owner, and he does not know (of his
4e«th,) let the person who borrowed him pay double.
ftk Ift mother case, a lender proposes that a person shall take
otlier property, make an engaflrement for money lent, and go trading
vitJi the property. If any profit be made, each shall take half and
lie borrower shall pay the original without any time lixcd. The
tbm deceived, takes the property and gives the engagement,
awe years he returns. Whether he gain or lose, it is a de-
eeitfiil partnership.* The owner of the property shall have no
share m the loss or gain ; let him only have cent, per cent, on the
origisai ainoont. These are the six ways in which a creditor de-
bts debtors.
2lff. n« three ways in which creditors and debtors combine to
deceive other creditifrs.
A debtor has many creditors, and not being able to pay, engages
to beeome the slave of one, and in the presence of wiiBcsses takes
an adduiooal sum, entering into a l>ond, and with thi*; money goes
with this creditor's goods on a trading journey and dies. If the
creditors, knowing they have beeu deceived, shall take posses-
of all that has been acquired by this debtor, let them liave the
right to do so. Why is this ? — because the debtor and creditor
acted deceitfully. But if many creditors shall give the creditor an
adtanee, let them divide the profits equally. If some of the credi-
tors relbse to make any advances, let them only who hart? done so
Those who have not shall have no claim to a share. Why
f — because they would make no advances.
M. Oh excellent king ! in another case, one creditor deceives by
haytag the debtor, takes back the money, and causes him to serve
labasbonse. If the other creditors object, he shall not say he
bongbl him on bond in presence of witnesses, nor shall he be consi-
dered as a slave. Let the other creditors value and sell him, diu-
dmg the price. The deceiving creditor shall have no share. Why
h tnttt half.
oo
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C008^80lc«9i0d|^880DC§P^§8ab;)gg8^l0df^8C^Qdfptl tOGDOt
c©caD5cx>^8OTg8^^«oDaS«g8ig8co^n cj8o3'^« Odc^cgjlf soS
o^o^OD^r^|§j|8^aSa2oSi;ooo8<?ea 0309^^88 |od^ »§i ^oS
c8£co^Od(x>8^8cx>^9lc«9i.^oSffo8j^8aD§icQgg9c^§eota>6ot
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79
If this f— iiecause lie practiced deceit. It* this be not the case, if one
creditor shall have first apprehended the debtur, let him have a right
to do so; the other creditors f4iall not dispute it. Ai\er he has re-
cotered his money, he shall hand the debtor over to the other credi-
tors, and they shall have the right to take poss^ession of him. If he
escape from the custody of the first before paying his debt, the
others shall have no claim against ihc apprehending creditor. But
if, after having reco\ered the amount of his own claim, he shall,
without reflection, let him go, he shall (be called on to) recapture
uid band him over to the other creditors. If he cannot apprehend
bun, lei him niake a dividend with the other creditors of all he has
hiniaeir recovered, according to the amount of their claims. This
the Thooghee, Governor, or Chief of the town hfis power to order.
3d. Oh excellent king ! in another case, a debtor proposes to a
rreditof , who has only a sinall sum due, to say it is a large one,
and take possession of all hie property. If he cio so, let the other
creditors have a right to take possession of his fersoii, his wife,
cliildrefi, and lands, all his proerty, animate and inanimate ; and if
the cbeat shall claim a share, he shall not •'ecover. Why is this? —
beeaose he combined with the debtor to deceive. But if a person
be iippressed by a heavy fine by the Chief, or by his parents, or el-
ders, though he make a bond for a large amount when a small one
only IS due, there is no fault- It is seekinii deliverance from im-
pending misfortune. Let the creditor pay what is demanded by the
Thief, or his parents. There is no punishment fi»r the relief afTord-
e«l (jn pajmg the im|M>sitioii.) lie has piid the tine for the false
Unid ; let the debtor repay liim that. Thus lord Menoo the recluse
«aid. These are the three ways in which a debtor and creditor
Cijoibine to deceive other creditors.
Oh eicellent king ! if a pers<m ha\ing a large sum due, shall
•rize only a small portion of the property of his debtor, he shall not
afterward seize a large one. If a small debt te due and a large por-
ijwa of property bo seized, there is no blame attached (to the seiz-
er .) let him have the power to do so. If the debt be paid, let all
that was seized be returned to the debtor. If a large sum is due
and a ^mall |M>rtion of prrperty be seized, that is not equal to his
debt, and he should (wish to) make a f:irther seizure, as there is
much pr<»pi'rty h*ft, he shall not lia\e the right to make a farther
•Irmand. Why is thi> ' — l)e«'auf»e he uMde a mistake (in his first
•<izurr ) If animate proprriv, elephants, lior-es, butfaltH's, or oxen,
ui % debtor, be seized, and used by a cr<(litor, l<>t their hiie be dt^
dueled from the tiriginal debt. If it be e«|u;d in auK unt to it, let it
l«e cootidered a«i a paymnit in full If it do not cover the whole
tmowiit due, l«*t the bnlnnfu* l»e paid If the animal die. or is lost^
@sioofgtooosigeot}Sadoj^c^iOd02eos§8Qgigc^c^8tcoigo)
§<cfi£§i9o8^^^§oo^i geosc(2poSco3eoDSigj|8QoSrl^ q8&
ccooo^i g jjSj^SisoS j8ic9o^croc8»8s^tisoG|p j|S c^eoQOO&oi
c^8d^ccocoDSi 9oSj|8o3^§j|Sc^8CKfc»i o^GSSeodooSi Q080
^go3^G{>l ^^'c^33^SG^8^igc^9oS0d^8OO^}§l 8o8d^Qo8j|8
j|Scooo£t^Sooc^c§igeos(]SScig8§o3(j]r^i @j|8^8«(>G^oogSo2
ODOOgStl lO0^^S0^ii(§C)08C^80O0S0D^G85000lg00gSl0C>a5
§1 Qscxf c^igjjSoDio^i^s 8oDc^cQ8^ge9sg|09f oloagd^gSiog
@s@^^8c§o3i d§§eo8ggoc^i o^ooolsc^^cosSGaoScogSiQjlS
J J §eo)8c^o8^o8c^DSS8g8scoo1ti
G|2CO3O3gSlCXX)CDj|^0f|O8O3g8^O80d^8gOtO3^l g»OIC000§t
•ol8C^CO8^^08n^C|^COD08800^ieol8J|8cr)COg58ieJ)tC^(nQ0^Q>
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80
iei hk f due be deducted froiii the debt. Oh excellent king ! hi
aMoCbercaae; if a person live with a debtor, though he were not
preMBt when the debt was incurred, if the debtor die or abscond,
tke peraoo who lived and ate with him shall pay both principal au«i
iateresl. Why is this? — because he lived along with him as au
iattaBce or precedent. In former times an elephant was tied up by
a tJiird peraoo under the house of a debtor in the country of Benares.
Tbit debtor was not to be found, and his creditor took possession of
tile dcphant. The creditor and owner of the elephant came for a
deekioa before the sage, the teacher of the king of Benares. He
decided that the owner of the elephant should pay the debt, as he
bad tied ap his elephant where he had no right to tie him, under the
of the debtor ; and he only recovered his elephant on paying
of the debt equal to his value. This is a precedent, and for
this rcaaop ; as the elephant so tied up under the house of the debt-
■mde responsible, so it is said, all property in the house of a
ihe creditor has a right to. In another case ; if a debtor shall
1, and the Thooghee take possession of his homestead, regeta-
bleorfiriiiC garden, and make them over to another to dwell iu
thea, the person so obtaining possession shall not be held liable for
the debts (of the absconded debtor.) If the creditor inform the
and prove the property to be that of his debtor, then the
or Governor, though I.e may have handed over the pro-
perty as stated to another, shall (reclaim and) make it over to the
creditor who has proved his claim. The person in pos.ncssion shall
rK4 plead that the Thooghec or Governor had made it over to him.
This the sage recluse called Menoo said.
2W. T%€ imt wkrn for a (Ubt of paddy a cow is taken possession of.
Oh ezceHent king ; if a person has a debt of ten baskets of paddy
dee to him by another, and shall seize a cow, which in process of
ttaae hat many calves ; if the debtor shall claim the cattle, and offer
to pay the paddy, and the creditor shall decline to receive if, saying
he vUl keep the cattle that ha«c been priniucod whilst the cow has
beee in his possession; let the ten baskets of paddy be paid, and
let the owner of the cattle take them. This the sage recluse decid-
ed in the time of a former g(Ki.
2W. fhu law when elephants , horses, httjf aloes ^ or ozen, are bor*
routed.
Oh king ! if a pcr>on shall borrow an elephant, horse, ox, buffa-
U*, camel, goat, pig, fovil, or duck, witht^ut fixing the price ; if it be
nid. let him return a young «Hie; if small, let him return a Urge one ;
ftf an ilJ-favored, let hiin return a handaonie one. This is the law
these things are borrowed without fixing the price. In the
ccDdic8sc»o8sooc$ccx>o9)ic^j|08inSeo)i{col^ig8t^@co§^i
qSs^Si ej|S?0D00dd)i8§CO0^§Cg8^«)SsgO^lC^O^009tC(>i •Jit
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8!
cise, if the time for returning them be past, if they be oiret
<loe, let two of the aame kind of animal as that originally borrowed
be returned. This is said when they have been due a full year.
Hiik. Of9f law uthen paddy is taken on credit, or silver is taken on
a promise to give paddy,
Ob king ! if a person shall take paddy, promising to pay for it
in mcmey ai\er harvest, if money is scarce and paddy abundant,
and tiiey dispute, (here is a precedent, ) — oh king! in former times,
m the eoantfy i>f Miteela, (rom the rain the paddy in the granaries
was all destroyed by insects, and the price of grain rose to one tickal
per kMkei. A person borrowed a basket on a promise to pay for ii
one lickal after harvest. Afler harvest paddy was selling for ten
bftskeu the tickal, and the borrower wanted to pay two baskets of
paddy tor the one he had borrowed. The creditor argued that the
prio0 of paddy at the time was one tickal the basket, and that he
iMflR to pay him two tickals. So they came before the sage, who
nady the time and the place, the kind of thing, and the price, are
fair things (to be considered ;) let one basket of paddy and one tickal
of silver also be paid. As a Yathay, in the time of a former god,
decided thus in Miieela, when paddy is taken and money to be paid
or oKXiey taken and paddy to he paid, let the case be so decided.
Thus the lord Yathay, called Menoo, said.
'ITtik The lair that tchrn a number of ptrsons have incurrrd a dcht^
those frho remain shall pay.
Oh king ! if gold, silver, copper, iron, rice, paddy, cbolum, vetches,
«e«ainam, cotton, oil, tobacco, or any other thing in use among men,
he horrowed, on one engnf^eroent by a number of persons, eight, nine
or t^n, who have need of them, and if some of them die, or are not
to be Ibfind, let tho^e who remain pay principal and interest. Why
•• thif T — because they took the article on bond in common.
'Mh. The laic lehen a party, lhou:ih not mentioned in the en^a^e-
wunt, if he accompanied the borrower, shall pay.
Oh king ! if a person accompany another who goes to borrow
(any thing,) and if the person who incurred the debt shall die, or
not tie found, let the person who accompanied him pay the principal.
He shall not say that he did not take the thing, that his name is not
lo the bond People going together in the same boat, or fellow tra-
vellers on the same journey, if their fortune from their former deed-*
be food, and they come on some gold, silver, or gems, and get po4.
JO
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of ibemi the person who first found them shall have iwo
iheree, and his companions one each. In the same way he (the per^
•OD who accompaBies another when he incurs a debt,) shall not es-
cape ; let him pay the principal.
97lA. The iwQ laws, when there are many parties to a debt, when
they ought to pay^ whin not.
Ok kiBg ! if a number of people take property from an individual
on loan, and shall of themselves, in the presence of the lender, di*
vide aod weigh, each his own share, and the lender sees and knows
vWl ihey are doing ; yet if any of the borrowing party shall after^
wards die, or not be found, the remainder shall not refuse to pay the
atev (of the absent;) they have no right to plead that they divided
Uie aaaosBt borrowed in presence of the lender, and with his know-
ledge. Let those who are left pay pnncip&] and interest.
Utbey shall borrow together, and even enter their names into the
saoM engagement, if at the time of payment the lender shall say '' so
and so owes so roach," '* you owe so much," " he owes so much ;"
and if the share of one be left, he shall not say one has not paid, and
tm tlut groand refuse to receive the mone^ of the others* Let each
jfmf Ua share, and be free from farther demand ; and the debtor hav*
tag declared to the lender that he cannot pay, let them make a ver-
hn eagagement before witnesses, or a written contract ; and if he
die, or abscond, the lender shall not demand his share from the
mhers. Let them be free.
^th. The law when a Rohan lends silver to a woman ^ knowing her
to be a wife.
Oh king ! in the case of a Rahan lending money to a woman know-
ing her to be a man's wife, if the husband shall, as soon as he knows
the fact, complain, neither principal nor interest shall be paid ; let
ihtm be lost (to the lender.) But if the wife shall borrow the mo*
utj with the knowledge of her husband, and they shall both make
oae of it, let it be paid.
*29th. T%e law when a woman contracts debts in the absence of her
hmsband with the army, or on a trading expedition.
If dttrioff her husband's absence on a trading expedition, or with
the army, hb wife is lcf\ without subsistence, and a Rahan shall lend
her the money of some other person, and she shall willingly have sex-
aal iniercourae with the creditor, if the husband on his return shall
rooiplaio, and if the creditor knew she was a maried woman, he shall
aoc escape the punishment (or his offence. If the money lent be an
e4|u ivaleot lo the fine, let that be kept as satisfaction. If it fall short
o f the sum, let the creditor pay the dilTerence. If it be more than
oo^^sc>:>osicoSQODosc§a3§»c^o^^of§c^O|j^cco9|i»oaotr8d^
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83
equiraieut, let the overplus be repaid liiin. What \i&s now been baicl
of this oflence, let the fine be in relation to the class of the oflfender.
In another case ; if a husband and wife be in want, and shall incur
a debt ; if the husband, leaving his wife in pledge with the creditor,
»hall go ou a trading journey, to the wars, or into another district,
and if after three years no letter is received from hin, and his coin-
ptnk)08 who went with him to the war (or otherwise,) have returned,
•ad he shall not return ; if the creditor shall have connection with
the wife, as left with him, by her own consent ; or if the wife, in the
absence ot her husband, shall incur debt, and he in the same way
thaU not return (for three years,) or send any letter, and the creditor
than hsTe connection with her by her own consent, the husband on
his return shall only recover his wife on paying the c'ebt ; there shall
l^e Boparishment for the criminal connection. Why is this? — be-
use the husband has exceeded the law (the legal time of absence.)
Mtk. The law as to whether a wife shall, or shall not pay debts
contracted by her husband without her knowledge.
Oh eiLcellent king ! regarding the two laws as to whether a wife
thall or shall not pay money borrowed by her husband without her
knowledge, is this : If the hn.sband has criminal connection with
another man's wife, or with a Hingle woman, and shall incur debt to
pay the fine, and if he die, or is not to be found, no claim shall be
against the wife. Why is this ? — because the wife is not consenting
to bis lustful acts. If the creditor shall have demanded the debt in
the wife's presence, and silic shall have placed before him tobacco,
kietel, or liquor, and have asked him to wait lor a certain time, she
«hail not then plead that she knows nothing about, and has nothing
lu do with it. Let her pay. Why is this? — because (these acts)
anMwnt to tacit consent. But in case, on the creditor demanding it
in her presence, she, knowing that he does so, tihall say at the time
(hat she has nothing to do with it — that the debt had its origin in the
lufrt of her huiiband — and this in the presence of witnesses — the cre-
ditor »hall not plead that ho made his demand in her presence ; let
her be held free of the debt. If he has children, they inherit g(K)d
ind had, (property and debts.) If he die, or is not to be found, they
fhail not plead ignorance of the debt ; let them pay.
The case in which the wife, though not aware of the husband's
(i«bt, shall pay, is this : If it has been incurred for the benefit of
both parties, with a new of making protit ; or if on account of their
parents, and the creditor be able to prove this, sho shall not plead
Ignorance ; let her pay. She shall not plead that the person who
09
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84
eoatracted the debt is dead. This is when the creditor can prove
dearlj bj witnesses the truth of his claim. If there be no witnesses,
the sbdl not p^j ; let her be free of the debt.
31 il. The law whether a husband shall ^ or shall noi^ pay debts
incurred by his wife with his knowledge.
Oh kin|( ! the debt incurred by a wife without the knowledge of
her hosbaDd, which he shall or shall not pay, is this : If a wife have
crininal connection with a married man, or make presents to a man
from desire to incur debt, to pay fines inflicted, when she cannot es-
eape the imputation of improper conduct ; if she die, or abscond, if
the hotbmncl was not cognizant of these debts, they shall not be de-
of him ; let him be held free. If he has been present when
hsTe been demanded, and has placed before the maker of the
spirits, tea, tobacco, or betel, let him pay. But if, when the
was made in his presence, he has said in the presence of
, that he had nothing to do with it — that it was a matter of
his wile's lusts, — if the wife die, or is not to be found, the amount
shall not be demanded of him on account of being her husband ; let
him be tree. But children and ^rand children inherit both good and
had, (both property and debts.) They shall not escape ; let them
92J. Of ike three kinds of debt incurred by a husband or wife, in
cock-fighting, putchees, or betting, when drunk.
Oh king ! the two laws regarding debts incurred by a husband or
wife, in cock-fighting, dicing, playing with shells or draught, or debts
eootraeted when drunk, are these : If the wife incur debts on these
sccoals without the knowledge of the husband, or the husband
withoat the knowledge of the wife, at separate parties, what the wife
slooe tncors, or what the husband alone incurs, let the contracting
psftj fMj. If that party die, or is not to be found, it shall not be
Refunded of the other, even if there be a written engagement. It
shall not be paid, because it is an act of folly. But if, when the ere*
eomes to demand the debt, the husband or wife has teen and
sware of his having done so, and shall have placed before him
i|»rfls, hetel, tea, or tobacco, or have begged him to wait a few
dsys, they shall not plead ignorance ; let them pay. But if, when
the creditor thus comes and makes his demand, they have said be-
tbre witnesses that they have nothing to do with the debt, let them
he free. Children and grand children are heirs to good and hid ; let
I
03
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85
3^. Tkr law when children or grand children shall j^ay ihtse dehfn
If « husband and wife shall have incurred debts on account of
l«rL«, or drinking, and shall separate — tlie sons are allotCe<l to the
hu2$banH, and the daughters io the wife — as regards debts of this des-
criplioa, incMrred by them individuaUy afler separation, let the
tiaagliler |iay those o4' tWe mother ; tlie sons shall have no share in
them ; and those of tlie father the sons shall pay ; the daughters
ftbail lia^e no share in them. This is said when they are living se-
fMTMely, and their {property is distinct. If they be living together,
withcMit m division of the property, and daughters and sons go with
the moiber, and sons and daughters with the father indiscriminately,
tlie children are heirs of good and b«id. To make a comparison ; as
tbe waters of bU streams, brooka, and rivers become salt on reaching
Che
^iUk. 7*ke four laws whether children, grand children, or great
grtmd children shall, or shall not^ pay principal and interest on
dehis emmiracied by their grand parents without their knowledge.
Oh king^ the four lami* wliether children, grand children, or
IP'eat grand children, even though they do not know that debts were
•netirred by their grand parents, shall pay principal and interest or
n€i4, ar« these : If they be really debts of the grand parents, even if
the parents who shared in the inheritance be dead, the grand chil-
dren and great grand children who have recei%'ed any portion of it,
f hough they did not know of the debt, if the creditor can prove it by
wttaesmes, shall not plead that the debt was contracted by their
l^and fMrents who are dead ; let them pay in proportion to their
»iiare of the inheritance. In another case ; if the grand parents
hate made a division of their property amongst their children and
grasd children ; the children are dead, and the grand parents living
vithcJAe of the grand children^ let this child pay all debts they may
hate incurred for the f(K>d or cJothes, or on account of abusive lan-
jruage, or assault. Those who are living sepnrate shall pay no part
of ihu; let them be free. Why is this? — because (they are) as the
fruit and blofsMims of a tree which have once fallen from the branch
and come to tlie ground, and have nothing more to do with the tree ;
Init the frnit and blc»s9onis which remain on tlie branch go wi*h the
branch if any one take.H it. In another case : If a grandfather or
cratidmother shall have died, and the survivor has married again,
and (tilts hu.<*band antl wife) shall both die leaving no is.<4ue, the rliil-
dreri €»f the tirst marriage or their grand children, let thtm piy the
prifictpal of their flebt, even if ignorant of their contraction. In
aiKithrr ca»e : If whil^it living with a grandchild tliey shall have in-
rurred debt which the creditor shall deiiinnd and pr()\e by wiineti'^eo.
let thffP grandchild pay one fourth of the debt. VVhat ha* been «iaid
JO
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86
uf these r<»ar kinds of debt applies only when the debtor is dead. If
be be not dead, but have gone away from the place, and no intelli*
gfrnce has been received of his death, the creditor shall not de*
loaod of the grand Qhiidrcn ; if he do so demand, they shall not
be obliged to pay. This the sage recluse, called Menoo, hath
said.
^^3ik. The law whrthcr grand parents shall pai^ principal and inlet-
est onljft of debts centr acted by tJuir children ^ grand children,
or great grand childrin, who have livid with them, #r not on
their eUmth.
Ob king ! the two laws as to whether grand parents shall, or shall
Mil, pay after his death the debts, principal and interest, or principal
only, incurred without their knowledge by a grandson who lived
vitb tbem, are these ; Whilst the grand parents and grandchild are
living together, if, without their knowledge, he shall incur a debt,
if tbey were concerned in the matters in which the money was ex-
pended, and this be proved by the creditor, though the grandson
be dead, let the grand parents pay the debt, principal and interest
In another case ; if the creditor can only prove the debt, but cannot
prove that the grand parents were concerned in the matter or thing
in wbich it was incurred, let them only pay the principal.
:I6/A. Three kinds of debt control ted bt/ parents^ which the children
shall be taused to paf/, even if the y he ignorant of their contraction.
Ob king ! there are three kinds of debt incurred by parents which
the children ^hall be causrd to p;iy, whether they are aware of their
C4>iitraction or not. If u debt can b^ proved against a father or mo-
iber by witnesses, even if the children be living separately, let them
pay principal and intere.^it, according to their ages and their share
by law (of inheritnnciv) hi another ose ; if the inheritance be not
divided amon^^t tlicni, (here .nhall not be distinction of ages. If some
were livini; with their [)urent.s, and $?oine separately, and the debts
vicre incurred for focxl, let the children who live \iith the parents
pav two thirds, and those wlio live separately one third ; but if the
debt is not incurred for f(M)d, but on account of lands or other goods,
th^ children liviiii; with the parents shall not pay two thirds ; let
\\*em only pa) arcordiui^ to their lawful share of the inheritance.
"X^fh Thr ftrn L'nuh of dtbfs incurred by thnr rhildren on nrrouni
of thtir jntr tilts.
C>h c-\rr»llent kifi;» ! the two kinds ol' dulit innirn-d by children on
acciuifit 4»f thflr piiciit.^ an- ilust: A debt iiioiirrcd before the par-
titioo of the iiihenuncf', for food, on account of the parents, (part
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(>rcbe children) shall not plead that it was nut incurred by the pa-*
fiHtts, but by the other children ; let all pay according to their legal
»hare of the inheritance. If children whilst living with their parentt»
•baJI, nol for tbcir parents, but by reason of abusive language used,
or du assault committed by themselves, incur debt, or for clothes, or
ornaments, on their own account, though they plead it was on ac«
r<Hint of iheir parents, if it really was incurred on their own account,
\cx thorn alone pay it ; the relations shall not pay.
;^»/A. A traditionary taie — a precrd:nt^ that children shall^ in certain
rases, pay debts contracted by their parents unknown to them.
Oil eiceilent king f the (evidence thai) precedent for children pay-
n»^ the debts of their parents, even when ignorant of their contrac-
fHio. is this: In former times, during the sojourn on earth of
the aM>st excellent para Debeng-gara, a father and mother incur*
re6 a ciebl, and at their death the eldest son and daughter paid it.
The joungest daughter, at the time the debt was incurred, was not
bom, but her mother was |iregnant with her, and on the ground that
*he couhi reap no benefit from the money borrowed, they did not
raiue her lo pay any part of it. Until she was able to run about, she
retajoed tlie sight of her eyes, after which she became blind. When
tb<»? reUfcd the.«e facts in Debciig-gara, the para, (he said,) " this
r hiid had the benetit of the fiH)d, sweet, bitter or sour, for which the
d^bt wa^ nicMjrrcd, and as ^he him paid no part of it, she has lost her
»^tf-#ii?hl. Now if yon <:aii5<e her to pay her share, raying it is on
urrouni of her pare|i!.s' debt — my fricinds, if yoti cause her to pay to
»<»ii. It i%dt l>f* tM|iii\al( III lopuyrnent ;" and only on causing her to pay
did ^h#» rrcover her fyi'-^ijjht. Berau.'^e this law has been preachecf
t»% th^ excellent Dobeng-jjara, and brcansr ihi.s is the ludy law, all
«rar dtbt* of pnrcnts arr to li(» paid by children and grand childretu
Tlu^ the j-age reclii>e raljfd .Menoo >aid.
:iO//i. Thf si I kinds of debt.
t>li ♦•vrtllent kinj;! the hi\ kinds of debt arr these : 1st, a debt
• lirn l«»tli principal and interest are due ; 'id, when the intere>t only
ha* Im-cii panl, and the princi[)al is still due ; ^Id, when the principal
It4« tnen paid, and the interest is M\\\ due ; 'Ith, when part of both
prioripAl ;iiid thr interest remain unpaid ; .'ah, when the creditor shall
lute \\\f full amount of interest he demands ; liih, a debt on which
• do«ii*le atiionnt of interr>t .nliall be paid, 'riiesi; are the six kinds
td drl)t And of the fir >t ; —
l«i When a balance is left din* and iiothini; said as to whether
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88
ii is principal or interest, if the creditor shall wish to make it prin-
ci|>al, if the money puid be less than the original sum l>orrou'ed, on
thai original sum not more than cent, per cent, shall be taken. This
is of gold, silrer, copper, or iron. If it be paddy, corn, vetches,
mace, loo (barley,) or sat, let the balance left be paid up to four fold
tht original. In this case only shall the demand be satisfied in full.
2d. In another case ; if the interest has been paid, and the princi-
pal lefl due, the liquid<ition of the debt shall only be completed when
interest has again been paid according to the balance left due.
3d. When the principal is paid and the interest led due, let the
balance of interest left only be paid ; there shall be no increase of in-
4th. If all the balance of principal and interest be led due, if it be
gold, silver, copper, or iron, let cent, per cent, be paid. If paddy,
com, vetches, sesamum, cotton, mace, loo, or sat, four for one. Be-
jroad this there shall be no interest.
5Ui. If a debtor shall fix a day for paying a debt, the interest of
vhach has amounted, according to the thing borrowed, to cent, per
cent, or to four for cne, and if he does not pay on that day, there
shall be no farther increase of interest. It is a debt that has reach-
ed its utmost limit.
6Ui. The case in which there shall be an increase of interest if
not paid on the day fixed is this : Goods that have been borrowed
•• Itir a hand's turn," shall pay cent, per cent. If they be returned
befttre the day agreed on, let them be taken back. If principal and
mierest are paid before the day agreed on, let the principal be paid
in full, and let one tenth be deducted from the interest.
If the creditor demand the thin;^ before the day agreed on, if it
was borrowed for '* a hand's turn," he shall not have his principal,
bat let him wait till the time agreed on, and let a creditor making
tocb a demand be fined. If after a day has been fixed for the pay-
■lenl fkf principal and interest, if the creditor shall make his demand
belbre the time, let him have the principal in full ; the interest shall
be calculated up to the time of demand, and nothing paid for the un-
expired time ; but if he >liall arrest his debtor before the day agreed
oo, if one only has laid hands on the debtor, let him pay thirty tick-
alt ; if two, let them pay thirty tickals each ; and if the fine cover
the amount of the demand, let it be thus settled. If the debt be the
larger amount, let the fine he deducted ami the balance paid. If the
ioe be more than the debt, let the balance be the king's If an agree-
ment has been made with a creditor to pay (»n a certain day, and the
•freement l>o not fulfilled, the rnMlitor may step across his t>ed or
^6
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89
mUow, aod demand the money and arrest his debtor. Whether there
be a written engagement, or only witnesses to the (verbal) contract,
if tilt debtor has made the engagement, and the day be past, whe«
iber the debt be a large or small one, let the creditor have the right
to arrest and lay hands on his debtor ; if the day for payment has ar-
rived, and the creditor put the debtor in the stocks, let him have
the right to do so.
¥kk. T\to imes ns (o the propritty of confining debtors m the stocks.
Oh etceJlent king ! both feet shall not be put in the same hole in
tbe stocks; if they be, let thirty tickals fine be paid. If the hands
be boood, twenty tickals ; and if the hands be bound behind the
beck, let thirty tickals of silver be paid as a tine, whether it be a
■no or woman. If the key or pin which is put between the feet be
dnven tbrough into the ground, it is called anchoring the stocks,
and (or this a fine of tif\een tickals shall be paid. For stepping
ecmes the stocks the fine is seven and a half tickals. If the key be
driven in with a sword or spear, a fine of thirty tickals shall be paid.
If ibe stocks be wedged, it is called touk-tay stocks, and this ren*
den the creditor liable to a fme of fifteen tickals. If the stocks be
raised on one end, the fine shall be thirty tickah : if they be raised
hortsootally, the fine is also twenty tickals. If the legs be put into
the stocks spread out for a foot from each other, the fine is sixty
tickals. If the stocks be scorched with fire, let a fine of thirty tick-
ab be indicted ; if the prison compound be scorched, let the fme
be sixty tickals. If a hole be dug in the earth and one foot made
fast in it by being buried, the fine is sixty tickals, and the creditor
•ball als«> be punished criminally. If the creditor, or any other per-
noo, shall have coimection with an unmarried woman in the stocks,
let biro be fined i<ixty tickals; if the person confined admit that ^he
«a« C4»nsentin^, let there be no fme. If the hair be pulled in put*
ting a debtor in the stocks, the tine is thirty tickals. If a woman's
breascs are laid hold of, the fine is thirty tickal;*. If any one shall
ease himi>elf or make water near a persim in the stocks, without
touching him or the stocks, or throw out excrement in the same
place, lei him be fined twenty-five tickals. If the stocks are put in
a fuial place, let f<»r ty tickals be paid. If the debtor be put in the
flocks in the usual way, the stocks properly laid down, and one foot
put in them, and none of the above faults committed, there shall
be no fine : let the creditor have a right to confine his debtor
is long at be dues not pay. This the sage recluse called Menoo
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4I« The law wktn a crtdiior is disrt^peclful to his debtor, when he
kmttkSf or spits, or strikes, or slaps him, pulls his hair, or pulls off
kit chikes, strikes him with a stirk, or strikes or cuts him with a
spear, or sword.
Oh excellem kiHg ! the Jaw when a creditor does not put his debt-
or '%athe stocks, but hawks and spks ii|ioii him, beats him with his
fist or his elbow, pulls his front hair, pulls his cJothes off, beats him
with a slick, wounds hiro with a sword or spear, or when many act
•a ihas way, is (as foUows :) If a creditor shall hawk and spit at his
4iehtor, and if (the saliva) shall touch his body, let the fine be twen-
ty five tickals of silver. If k touch his face, let the fine be
dhirty lickals. If he shall beat him wkh his elbow or fist, slap hiro,
m pvH bis hair, let the ^ue be thirty tickals. if be pulls his clothes
', hi the fine be thirty tickals. If whilst he has hold of bis debt-
is the Bsaal way, holding by the doth round his waist, the debtor
fmll his own dothes ofi", there is no fault. If the creditor lays
iMld of the debtor^s hand or clothes, there is no fault. If he beat
with a slick, stab or cut him, and the wound be not severe, and
oes not die, let the fine be sixty tickals. If he does die, let the
ilor pay according to his class, ten tin>es his price. If he be
Wsiied, or has a limb broken, or shall suflTer much from the injury,
let iIm creditor pay one half the amount of fme for canting his
death.
If in arresting a female debtor who in pregnant, fihe shall be caus-
ed to miscarry, let the creditor pay one ticknl of silver for each
ith till the tenth. If the miscarriage be caused in the tenth
th of her pregnancy, let the fine be thirty tickals. Thus the
recluse called Menoo said. If the creditor shall show that he
MoC eonroitted these faults, let the debt be paid. (If they have
committed,) let him pay according to the offence as above laid
If all the above offences be admitted by the creditor, let the
debt be cslcalated, principal and interest, and if it be equalled by the
fbies, let them be a set-off in full. If the fines be the larger amount,
let the balance be made good by the creditor. If the debt be tlie
larger sum, let the debtor pay the balance.
4Qd, The law when a debtor is di.<respeeiful to his rr editor.
Ob excellent king ! if the debtor shall be proved to have commit-
led the above offences against the creditor, let him pay the debt,
priAcipal and interest, and let him also pay the fines as abo%e. If
lie baa caused the death of the creditor, the breaking of a limb, pain,
at sbaaae, and cannot pay the compensation, let hia family, wife,
bttsbaad, children or grand children, become slaves of the creditor
This IB when the oifences are committed by one person. If an a»^
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91
smnll be cominiued by one, two, three, te<i, or many, there shall be
DO distinction between debtor and creditor and other people. All
who are proved to have been concerned, shall pay according to
n hat shall be pro? ed against them, and they shall pay all law ex-
4StL The two laws when the debtor and creditor are one of the high-
er, one of the lower dosses.
Oh excellent king! the law regarding a debtor and creditor, when
one is of a high, the other of a low class, is this : If the creditor be
of the higher, and the debtor of the lower class, snd offends as above,
let has pay doable what is there laid down If the debtor be of the
belter name, or higher family, and the creditor shall commit the of-
above laid down, let him also pay double in all that has been
The higher and lower classes are these — the royal family,
the brshiniDs, minister or chief — the wealthy class — the mercantile
the poor. In each of these, three grades have been laid
I, end in these grades, with respect to themselves, are three de-
grees of respectability or excellence. Besides this, as regards kings
and brahmins, kings are the more excellent ; and brahmins are more
ezeellent than roiniitter or chiefs ; of the wealthy and mercantile,
the vemlthy is the more excellent and tradesmen inferior ; of the
ocereantiie and poor classes, the mercantib is the more excellent.
Of the poor and the dwoon-tsanda (tsandala) class, the poor are the
more excellent. The (j'^^S^) baving thus considered the class, should
decide. Oh king! in anotlier case ; if any man or woman shall be
exalted by the king, the head of land and water, as superior to
others, let them be considered excellent without reference U) the
class in which they may originally have had their birth. Why is
this? — because, witliout reference to class or family, any one who
becomes a Rahao, who is heir to the holy religion, is said to be of
the Thskhee-weng (Guadama's family.) This the most excel-
lent god, who is above human comparison, hath propounded, for this
reason, — aoKingst men, he whom the king hath decided to be excel-
Vnt, is so. This the sage recluse Menoo hath said.
iitk. Tlu nine classes of mm who shall not be arrested or confined
for debt, though it be really due.
Oh excellent kin^ ! amongst debtors there are nine who shall not
be arrested or placed in the stocks ; members of the royal family,
Brahmins, Rahan!^, the king'i* ministers, partnts, grand parents,
frest grand parents, an<l teachers, shall not, on a charge of cfebt, be
confined, or put in the stocks The debt may be demanded, but the
creditor shall not use them disrespectfully, oh king, eren if the debt-
or be one from whom the debt may be with propriety demanded.
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mbo maj be coDfined, or put in the i»iocktf. Yet the creditor shall
Ikitdemmnd his due wherever he may see his debtor. If he do so
(demand ib an improper place,) let him make a peace oflTeriiig, ac*
cocdiag to hia rank or class, to the person so put to shame ; let him
alao be fined ; Jet the debtor pay the debt, principal and interest ; he
he shall not be forgiven that. Ifthe creditor shall lay hands on his
dehlor, thinking the place was not one of the sort in which aii
arreil shall noi be made, if there be no violence done, no blood, no
•cratches, let them pay one tickal of gold ; if he cannot pay this, let
kias ^j ten lickals of silver. If blo^ be drawn, a limb broken, or
violence done, let the creditor pay according to his (the sufferer's)
rank and class. Thus the sage reclu&e Menoo said. If the little
finger be cut off, let ten tickals of silver be paid ; and for each fin'
ger m to the thamb inclnded, let an increase of ^ve tickals be levi-
ed. If the skin of the bsnd be broken, let fifteen tickals be paid.
If a kick be inflicted (by creditor on the debtor's) breast, let fifteen
liakab be paid. If a front tooth be broken, let seven and a half
tickala be paid ; if a back tooth be broken, five tickals ; if the skin
be abraded, or blood drawn, seven and a half tickals ; if an ear be
torn, iwo and a half tickals ; if tlie skin or flesh be rubbed, five tick*
als ; if an eye be put out, thirty tickals ; if any of the toes are cut
<iC let it be as with the hand. This when a creditor seizes his
debtor to obtain payment of his debt without any intention of break-
ing his limbs, hurting or killing him. If the offence be committed
by a person sent by the chief to demand payment of a debt, let him
pay three times the amount laid down. Why is this? — because he
was not the creditor, but a person sent by the chief, and ought to
do his doty respectfully ; he has exceeded the power the law gives
him. Oh exc* (lent king ! when a person goes to borrow money, he
•konld take with him a present of the value of ten per cent. ; if he
docs not take it when he borrows the money, let him take it when
he pay«. If he does take 0iich a present, let him doJiict its value
from the amount of interest. As regards a person sent by the court
or chief, let him have hire at the rate of ten per cciu. If fifly per
rent, be paid, let the creditor pay the messenger sent If cent, per
cent, be paid, let the debtor and creditor pay equally. Oh king, the
■leisenger shall not of his own accord enter into an engagement
with a debtor to pay on a certain day, let him do it with the cogni*
xaoce of the creditor, and let them divide equally between them the
ten per cent, given by the debtor f4»r extension of time. If the mes-
weeger shall make an engagement (with the debtor to pay on a cer-
tftui day) on his own autliority, without the knowledge of the credi*
tor. and he shall aAerwards come to know it, bis complaint shall on-
ly lie against the messenger : he yhall not demand of the debtor on
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93
tile groQiicl that he did not know the messenger had given time. If
' be does make the demand, lei him be fined ; the debt shall not be fore-
gooe; l«t it be paid. If the creditor wish the nressenger to make
tlie demand, he shall n(»t recall hi^ engagement; when the time
u ap let liim immediately make kis demand.
In another case ; if the messenger has made an engagement with-
€Wt the knowledge of the creditor, and the debtor shaU abscond and
•Mil be found, let the messenger pay the debt, principal and interest.
If the debtor does not keep out of the way, but shall die before the
tine granted by the messenger is up, let him (the messenger) pay
the principal. Why is this? — because the mf^ssenger took on him-
^f the power of the owner of the property.
4Sik, The law when a creditor shall say he lent twentif, when
enly ten was lent.
Oh eicellent king! the law when the creditor, though only ten
was horrowed, shall say it was twenty, is this : If the debtor shall de-
ny the statement of the creditor, and say the debt is only ten, if the
atmcmeut of the creditor be not correct, let the amount admitted by
the debtor be a settlement of the demand in full. If the statement
tif the creditor be true, let the debtor pay doable the amount. This
the sage recluse said.
A^lik, The two laws when a man has a hrad wife, and a Irssfr one,
amd the sir kinds of conrubints ; reffardinfr the eight kinds of drht
imemrred hf them without his knowledge .
Oh king ! regarding the eight kinds of debt incurred by a head
mife, a lesser wife, or the six kinds of conculnncs, without the know-
ledge of the husband, they are these : Money borrowed by the head
wife lor (necessary) expenses, or by the c»ihers, even if the husband
does not know (at the time,) if the creditor shall during the life (of
the borrower) have demanded the amount, and he (ihe-lnniband) shall
hate placed l>efore him, tobacco, betel, tea, spirits, rice, or stew,
withoot either promising or refusing payment, if it be the debt of the
head wife, and she dead, let it be paid, with cent, per cent, interest.
If it be of the lesser wife, who liad eaten out of the same dish at the
^ane time with thr husband, let him p.'iy tlie principal and fifty per
ceot. intereat. If it l>e tif a concubine, who was not bought or con-
nected by means of money, but who did not eat of the same dish,
«ho has died, let him pay the principal and twonty-five per cent, in-
tereit. If it be the debt of one who wa«» a slave concubine, bought
by him and hix wife, who dies and leaves the debt, or a slave Inrnght
by the wife at her marriago, or by himself, or a slave inherited by the
nile from her parents, or by himself from his parents, let him par
J?
69
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94
three 'fourths of the principal. This is when the husband became
acquainted with the existence of the debt af\er it was contracted.
If tbej do not die, and any of the above two wives or six concubines
•^hall incur debt without the husband's knowledge, let the person by
^hooi it is due pay, both principal and interest.
•IT/A Tkt law when the husband cotiiracis debts without the know^
ledge of the tirn wiuts and six concubines.
Oh king! if the hu«<band, without the knowledge of his two wi%cs
«ir six concubines, sliall contract debt on his own account, and the
creditor shall come and deinniid it, let it be paid as above, according
to the proportions tliere stated ; lot each pay her share, if there be
any children, let theni pay the proper share of their mother. As to
children, as regards a debt of their mother, if they cannot prove it to
be the general concern, let only the children of the person who in-
rarred the debt pay it. If it be not thus, but there is a head wife
tod a lesser wife, or twi>, let tlieni in the same way pay according to
their proportion. Thus the sage rochiso railed Mfn(H> said.
4Mh The fire kinds of trirts, and thi five ways of paying debtS'
Dh excellent kin^ ! if any man shall have taken a wife of the royal,
the brahmin, the wealthy, the mercantile, and the poor clasii, and in-
cur debts without their knowledge, nt his death let principal and in-
terest be paid in full, five parts by th<! wife of the royal class, four
by the brahmin, three by the wealthy, two by the mercantile, and one
by lier t»f the p(w»r <la*ij. 'I'his is the way the tlebt is paid, having
divided it into fifte<Mi shares. It* there be children, let them pay in
iheMinie way Amongst the tlve, if one on the death of the husband
•hall have taken mou«»y ^i^r re dly neeefsary expenses, let it be paid
in the eaim wav : and as re«rards debts contracted by one amongst
ihemnt'lves. without the knowledi^c of the husband, if she be dead,
let her chddren pay. If one shall have contracted debt without the
knowledge of the rer>(, and if they hnd no share in the expenditure
«»f the amount Ixtrrowetl, this debt shall not on her death be demand-
ed from the ollMr**.
In another case ; if (he husband sliall have the wives above noted,
in separate vill.i;;;<>s, nr M'parate Ikiuhis mi the same villa<re, and shall
anitr^ct debt.'^ in the house tif one < iily, the wiU* and children in that
luHi«e shall p<iy it on Iiia death. NVhv is this f — because the proper-
ty came into their |H'.s>essioii : it i^ their own separate share.
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95
Wik. T%e law when the head man of a town or villiige shall riceive
m rmumtay slave, and borrow money for him, or lend him his own.
Oh excellent king! tlic law when tlie head man of a town or vil«
l«ge, having received a runaway slave, shall borrow, and others shall
lead money for him, is this: It* at the time he received him and in-
rurred the debt on his account, he did not know that he was a slave,
let Ihe roaster on paying the debt t:ike the slave. Money ient when
be was known to be a slave shall not be recovered ; let the master
Lake bb »Uve ; let the person who received and fed him lose his pro-
fperty. Why is this ? — because he knew he was the slave of another.
Thus the 9^gc recluse called Menoo has said.
Mik, The low regarding paddy borrowed in a time of plenty, and a
premise made in a time of i^carcity to pay when it ist again plcn-
tifmL
Ob excellent king ! as regards the law when one has borrowed
pnidy in a time of plenty, and in a time of scarcity, having paid a
part, ahall promise to pay the balance when it is again plentiful, is
thb. If four seed times have passed, let the debt only be consider-
ed paid when the balance has been returned four told. If when the
lime for the payment of double arrives, tlio cpiiintity originally taken
M returned, nfierwards let the interest left only be paid. If the in-
terest only (three fold) has been paid at first, and the quantity origi-
nally lN»rrowed be left, let two told bo returned, and the debt paid in
Aill Why is this ? — because debts in grain are only fully settled
«h«n four fold is paid.
^\$i. The law when a debtor i* eon fined by his ereditor , that his pa'
rtnis, wife^ husband, or ehildrtu, shall be held n sponsible for his
dfhi if they harr bt^ifrd him oJf\ (Vtn thotiffh he be not released, if
kt rum oif and is not to bt found.
Oh eicellent kinj(! the law as regards the responsibility of parents,
• ifc, husband, children, or relatives, when they ha\e interceded for
the release of a debtor, thonuli nn«*ncressfully, if he run off and is
aot to be found, is this : If rvlieii a creditor has coufitied his debtor,
the people we have mentioned try to have liiin released, if at the lime
•f aiakiug the rei|ne>t he be not released, but shall afterwards run
«#and not \h* found — >lniidd the rredil<»r sue the person who made
the re<|ue»l, let him >eek out the debtor and return him to his custo-
<lv . if h^* cnmi(»t do this, let him pay the debt, prMui|i.d and interest
Whf 14 thi^ ' — becau>e he if certainlv Ins near r<daii\e
.Vii/ /w the snmt raft, trhtn one not relattd to l!n dfhtoi ^ -ho II
inlrrctdr in his faror.
la another case ; \\\\9\\ a debtor is confined, and a p«*rMin nni r^-
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96
Uted to him shall beg his release, if he be not released at his instance.
but be afterwards missing, the person who made the request shall not
be liable for the debt ; let him be free. Why is this ? — Vecause he
is no connection of his. Thus the sage recluse called Menoo said.
53d. The laic rrgarding security^ and four cases where it shall
be made good.
Oh excellent king! ihere are three kinds of security, and four rea-
foiia for (cases in) which it shall be enforced :
1st. Security for the property, or the thing borrowed :
2d. Security for the person :
3d. Security for the person and the property al^o.
Id these three kinds of security, as regards that for both the per-
nio of the debtor, and the thing borrowed : if the security return the
thiog borrowed, he shall not be called on to produce the person of the
ilebtor ; let him be held free of that. Why is thin? — because the cre-
ditor h&s got back his property.
A« regards the four cnses where the security shall be enforced :
Irt. The property borrowed shall be returned :
tJd The debtor shall be produced and given up :
M and 4th. Tho slave and the property shall l>oth be given up.
Iq this case the security shall oidy be released on giving up both
the ftlave and the property, and not on producing one or the other :
the flare and the property make up the four cases in which the secu-
ritf i>hall be enforced. Thus the sage recluse called .Menoo said.
.>4/A. The latr trhtn one person is smiritff for manif debtors.
Oh excellent kini» ' when one person is security for many debt*»rs,
the law b this : If all the debtor.**, without one exception, shall keep
«m of the way, let the security pay the principal ; that is, when his
fvopertj will not cover the full amount. If he has sufficient property,
^ bias pay in full, as he has engaged : alihougli it is said, '* if he has
profieTty,*' (if not,) hiin.HcIf, wife and children, shall become slaves,
la another case; if the debtors die, let him only pay the principal :
ike creditor shall not recover the whole on the plea that the security
• for both principal and interest. Why is this? — liecause the debt.
<m are all dead. Thi^ the sage recluse called Menoo said.
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97
ooik. The law wiun for one thtrc art many securitie.^.
Oh excellent king ! ilic law when one debtur hns many securities,
iH ihist : If the debtor shall die, or is not to be found, let each of the
•ecurities pay the amount he was originally security for. If amongst
(be aecurhieis some are dead, and sonic not to be found, let the whole
t>rthe debt for which they were all security be di\ided into shares,
and, excluding the shares of the dead and missing, let those who are
left pay. If at the time of enteriiifr into the security btmd there was
an engagement that if any should be dead or missing the remainder
should pay, let them pay principal and interest. If they have not
property to cover the amount, let them and their females become
slavesi. Let the pariifs to the security search for the others who Sre
keeping out of the way, and deliver them up to the creditor. If they
a«arch for, but do not tind them, let the share of those only who are
{»reaeat be paid.
Mth. Tin tiCilrc kinds of stcurily*
Oh king! the twelve kinds (.frecuriiy are —
I. Security of grand chddren fur deUs i»f grand parents.
^. Security of grand parents for debts of grand children.
;l. Security of cinldron for the debts of their parents.
4. Security of parents for the debis of their children.
.'• Relations jectirit) for each other.
I». Security t>f the nia>ur for tin- debi.-^ c»f his slave.
7 Security of iht- >eholar for the debl> of his teacher.
?*. Security of the teacher for the <lehts of his schiK)! appreniicc
*.* SiciiriiN for only a part of the debt.
in Dii i-i«. II of the money borrowed between the borrower and
M turiiy
II. A witness r.db'd, and can^etl t) Ixcome so, by the debtor or
t»i*f rovier.
\'Z \ %Mtne>'» called, and caii.-ed t*) become >o, by the creditor.
*.r bn«Itr. !*:«vini', ** hi tlii^ per-on be "^eciirity witness."
Tli#'>e are the lueUc ; of hie-e the ten first, including the security
%ith >»honi tbr iiioiitv boiro\M«l is diudrd, if tlu*y .'»li.'i)l hax* taken
ihfr^ |H*r cnitnuf. aii«l ^ball h:i\e cnt«'r«(l into a written eniragemeiit
l*rj*ffe v%iine^.s«'^ that iln ) .ire ** im'e-taihi» :'' th«'V shall not pay ; they
ire Old) '* laiii;: wiii.C'ses. Iftln* pt- rsoii wh*nin urre*! the debt .-^hall
dir. or i"* no! to bf ttHjiHJ. hi tlirm j).i\ }>riii(*i|) il and iijtere.«*t.
The 2r;*n<i parent^, parents, children, iiraiid children, relation^,
mifler nrnl ^^Lnr. kvk iicr and pupii, shall not plead that they had no
•hare of the iiio()«-\ borroucd : thai tlu! borrower oiilv told them, (»r
c^Ueti ihcin to w ttnesT* : iIk'V shall !>«> c iii-cd i<i pav prim ipal and
ioierf!*i.
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98
Aft regards the person called 4o witness by the borrower'; if lie^
%ht borrower, shall die, or cannot be found, let him pay the princi-
pal ; if the borrower be not dead, but keeping out of the way, and the
** nee-Uing ** has borrowed money to pay his debt, let the borrower
rapmj lum the original amount, and let them pay the interest on the
■loaey borrowed by the ** mee*taing" in equal proportions, and let
the original borrower pay the original lender any balance of interest
lluil naj be due to hrm ; the '' mee-taing ** shall pay no part of that.
If the debtor shall abscond to the foreis^n villages in the ocean, let
ikt *' mee-caing" follow him^ the creditor iveed not do so, but let
bia pay ninety per cent, of his expenses ; the other ten per cent, he
apMl bear himself.
Oh king! if the lender shall put no trust in the ** mee-taing'' call-
ed bj the person wishing to borrow, and shall point out a person he
wkhea to be called, should the borrower die, or not be found, let
hkmfMj one half the original sum lent, if the borrower be not dead,
or abaconded, but shall pay his debt, principal and interest, let such
a ** aiee taing " receive one half the interest; and if the debtor rua
•o ibe Ibreign villages of the ocean, let the lender and '' mee-taing *'
pay an equal share of the expense of following him. Why is this ? —
bacaaae be did not come at the wish of the borrower, but the lender
bavittg named him he came at the request of the borrower, and be-
be was the cause of advantage to the lender.
In another case ; if the debtor shall not die, or is not to be found,
tbe creditor will not wait, bai demands his money, though the
" owe-iaing " hand the debtor over, if the creditor will not receive
kim, he shall not be released from his responsibility. If the debtor
be preaenl, and do not pay, let him (tb<) *' mee-taing ") advance and
pay tbe principal, and let the creditor employ him to demand the
ntereaL If the debtor shall so pay the amount he advanced, his ac-
count is settled with the *' mee-taing.*' If the creditor does not get
bit interest, let the ** mee-taing " pay it, and demand only the farther
^m. Why is this ? — because he has recovered his interest ; he shall
pSy tbe reniaiaiog interest to the creditor.
S7ik. One kind of debt which mtuf be dtmanded of ike debtor,
though the security he present.
Ob king i as regards a debt that may have been demande<l of
tbe debtor though the *' mee-taing '* was present ; if when a debt
ougbc to have been demanded of the " mee-taing/' the creditor has
4eManded it of the debtor, if on arresting and confining <him he does
aol get his money, or if he die, or abscond, he shall not then de-
sand from the '* mee-taing ;" let him be free of the debt. In another
case; if the " mee-taing " make over the debtor to the creditor, re-
nt;
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99
questing him to confine him, and demand the money, and if the debt-
or shtll get away when confined in the creditor's stocks, the res-
ponsibUity of the *' mee-taing " is not at an end ; let him find the
debuir, and again give him over to the creditor ; it* he cannot find
lum, he shall then be free of responsibility.
SBik, 7!lb€ iaw tchrn (he debt is demanded of the original debtor, the
security being present.
If it is not a " mee-taing," but a security who is present, and the
debt be demanded by the creditor, not of him, but of the person who
ori^naJly t>orrowed the money, the debtor, let the securities be held
free of responsibility. Why is this? — because the creditor did not
abkie by his engagement. If the wife, husband, or children of the
'* mee-uing," or securities, are not aware of their being such, and
the " mee-taing," or security, shall die, the creditor shall not de-
roaixi the debt of them. If they were aware ot the fact, he may make
bis demand on them. Thus the sage recluse called Menoo hath said.
uOlA. Tkt law when heavy debts have been incurred, and parents are
about to sell their children.
Oh excellent king ! when parents who have many debts, shall have
soM thrir children, their creditors shall not demand the debts from
the children so sold. If the debtor die, it is the creditor's luck ; he
■lost bear the loss. 11 parents have divided their portions amongst
the children, and are living with one of them, any debs they may
H^Te incurred shall not be demanded of those who are living sepa-
rate] y. Why is this f — because their inheritance has been already
dnided amongst them.
tMI/A. l^hf law trhfthfr parents or relatives shall^ or shall not, be res*
pomtible in case of their rtlatire or debtor getting away from his
rreditor.
Oh excellent kinj; ! when the debtor escapes from the custody of
tbr creditor, there are two things to be considered in\olving the res-
ymostbility, or ortherwise, of the parents and their relatives. If the
creditor has taken the children of his debtor who live along with him»
and shall escape and return to him, and if on enquiry of the parents
they shall admit that they have returned, let the creditor take them
IS before. If the parents shall deny that they have returned, and the
creditor shall afterwards learn that they have, there is uo fault; it
was done fr(»m atfection to their children ; let them pay the debt,
principal and interest, and be free.
lo another case ; when the debtor is in the custody of his creditor,
if he send him to hew ikhkI or draw water, and he be bitten by a
4Mke, or tiger, and he die, let the price of his body be deducted.
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100
lod the balance oftlie debt be paid. If the price of tbe body of the
deeeaaed be more than the amount of the debt, let the c'iflTer-
aace be paid to bis parentSi and let the creditor bear the fune-
ral ezpenaes. Why is this ? — because he sent the person he had con-
fined where he ought not to have sent him. In case he shall go of
kia ova accord, and a snake or tiger bite him, and he die, the credi«
lor aa nol in fault ; let it be considered the fate of the deceased, and
lei the debt be paid, principal and interest. If the creditor shall or-
der the children of the debtor he has confined to shave their heads,
he ahall have no right to enforce the order ; if he doed, let him be
fined thirty tickals of silver. If this equals the amount of the debt,
let it be considered as paid. If there be a balance, let it be jiaid.
Iftte amount of the debt be the smaller sum, let the creditor pay the
ijiercnce. No debtor who is confined shall be set to work ; if he be
ao, and does work, there shall be a monthly deduction of one and a
half liekal for his labor. If he works of his own accord, without be*
iag ordered, there shall be no deduction from the amount of his debt ;
let it be considered as done by way of return for the food given by
the creditor ; and he shall make no demand for subsistence ; let the
debtor be free of that. Thus the recluse called Menoo said.
61fl. Tlkt law when a debtor, confined by kis creditor^ shall hang
kimulf, or put an end to his life by throwing himself from a bank.
Oh excellent king ! when a debtor is confined in his creditor's
boose, and shall die by hanging himself, let neither the debtor nor
creditor be held in fault. Why is this ? — because there is the fault
of dying in the house of another, and the fault of having another
die in the house. If the debtor shall hang himself out of the house,
or shall put an end to his life by throwing himself down a steep bank,
into a pit, or down a ravine, let the creditor pay, or lose, one half (rf
tbe price of his UHiy. He shall not say, " (lid I send him ?" Why
u this ? — because he confined him.
02d. The law when a slave borrows money from one who knows him
to be so, or one who does not.
Oh excellent king ! there are two cases when a person knows ano-
ther lo be a slave and lends him money, if he abscond, let the credi-
tor follow him and hand him over to his master ; if he cannot do so,
let him lose the money lent, and pay the price of his body to the
vaster. He shall not confine the slave to the detriment of his mas-
ter's work. When money is lent to a slave who is not known to be
•o, if he die, the master shall pay one half the amount to the creditor.
If M the lime of the lending the money the lender did nol know tbe
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102
piT, principal an<] iutcrest. If there be not property to the amount
of the debt, let hini discharge it with the price of his body.
Wth. The law when a tn'dow^ or widower, shall borrow money.
Oh excellent kimr] whon a widow and widower shall separate, af-
ter hiring been married, debts contracted bef«)rc they were married
nhall not he demanded by the creditor on the ground of their being
hn^band and wife. Lot him only mnkf his demand on the party bv
whom thev were roniraol<»d.
iMth. 7'hr tiro laws ri^nnlinii thr Ir/Dtsfcr of debts.
Oh excellent king! reirarding the transfer of debts, there are two
!iw«. (One 5hall sny,) stwh a one owes to mo, and T am indebted
<o yoit — <lo you demand the money from him, and take (your due,)
—or, ^uch a one is indel)tcd to me, demand nnd bring the money to
me. If this be sriid in tho absence of the debtor, and he does not
know <»r has not heard of the transfer, if when the demand is made
he «hall refu'^f to puv. 1<m him have the riirht to do so : but if this be
fi«»t the fa«e, if the transfer has been made when all three were prc-
^nt. and the df'bt<»r made no objection, but remained silent, he shall
n'^t afterwards <;\\ he m ule no enpaaement to pay ; let him pay the
amount If tlw^ rroditor shall make the transfer in this way, all three
prevnt. Im' ■»h.i!l not himself aftorwar<ls demand the amount of the
debt from the oritimal debtor.
fi^/A. Thf firt jttnitfr trim mni/ he Sffit h»/ tht chitf or judge to de-
vtnnd puifiiirpt of main h dttr.
Oh exrcllmt kinir! the (\\o people who may l>o sent to demand
payment of n dfbi (.ir<») tlu» rhiMi on or jjrand children of the credi-
tf'T, the sl;i\<* or •.orvniit of the -;ime, a person for sendini; of whom
lf«e i^ obtninod from ih,* ^'overn<»r, or a person sent immediately
I'V hirn — th^ne jM'oplf m ly »;.» in ihi» m<«rning to the f<K>t of the steps
^•f th^ dpbt»»r'^ hoii-.' and dfm.iiid payimmt. They shall not go in-
tAthe hon*^ (o inak<* the demrind, nor in the dusk, or after sun-set.
If the debtor -hall r^'qin^-t them to come in and make their demand,
tWy .nay do so. If a peon, or n^o-^senirer of the chief, shall demand
parment of a debt, with a suord, spear, or other ui npon in his hand,
>n<i mithont in\ nation from the debtor shall ^o tip into the house, or
ifhe demiml payment at nicht, should the debtor sue him, lei him
W punished criminally. If one demandintr a debt sl.all cut or
Kratch the siepn or bani>*ters of th'* house of the debtor with a
•*«icd, or break an eiij, or kill an animal with t\No le^s or fiwir, or
»ith«mt any le:;s at all. and co<ik and rat it in the house of the
^Hiof : if ih«*y cut the nails of their fingers or toes, wash tliew
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103
headi, make water or go to stool, or have connection witli a woman
io the debtor's house, let each offender pay a fine of thirty tickals of
silf er to the debtor, and let them also pay the debt, principal and in-
iereM. Of these five messengers of the creditor, the king's messen-
gers are responsible for their own acts. But if the children or
i4are of the creditor be sent, he shall not say he knows nothing
about it, that he ^rave them no orders to act in that manner ; let him
be re>pon«tible for their act>j. The remaining three messengers shall
be rei^|>onfjible for their o\ui acts; let the creditor have no responsi-
bility on their account. Neither the creditor, nor his messengers,
rhall demand or arrest for their debt whenever they see the debtor.
If they do so, let them make an offerin<r of fine cotton cloth, a pack-
age of tea, or a silver cup of one tickal's weight, according to the
rank of the debtor. If they lay hands on and drag him off, though
be be not hurt, let them make him an offering of one tickal of gold ;
if they have iio i/»»M. K»i them pay ten tickals of silver.
f9/A. The frrffi ft/arts win re paymmt of a (It hi ttiaif not be (le-
mandcd.
Oh excellent kin;; I there are seven places*, or timei<, where a debt
nur n«»t be demanded ; places which have been made a sanctuary
b\ ihe kini:, >>> which the life o^ no animal shall be taken — at the
new year's festival — at the time of a triumph or victory — at the time
ouhe km^':; lakin:; the oith when Betheka is poured over him — at
ib«^ tune <»f the great fer^tival <»f the stars — at the festival of Maha
Ping-nay — at tln^ time when people are being killed to be buried at
the riirneri* of the city the kinj; lives in — at the time the debtor is
listening to the instructioiH of the priest — at the time when he is
»ery ill ami ofteriiii:?* are being made to the Nats of itie house, —
these are the y^eveu times and places (when a debt shall not be de-
minded.) If the debt be arrested for, or merely payment demanded
in ao) of the five followiuij cases — at the new yea'^'s festival — when
the army i*» on its way to war — when the king is receiving Bethik —
It the festival of the star** — or at the lime people are being killed to
i* buried at ihe corners of the royal city, — be the amount large or
^aiall, the claim to both principal and interest 5ihall be lost. No-
thing nhall he said of the sum being small, and the offence great, or
♦'f the sum be in jj lari:e and the offence pmall. Why is this? — be-
cause among*»t men tliesi- are the great and excellent rites; it has
leeu the cu^tom of ail kings that there shall be no infringement
'•f them This is a tra<Iitioii from the pa^t kings of the world. If
ibf debt i!« demanded when the debtor is listening to the instruction
cf the priest , let the per^^on making the demand l>e punished with
%m^ hundred ptrip<»*: if he arrest him, let him be punished with one
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Cg8cC|r^ O^tC)gO8CiJrCC|^CoSj$'rC000oS8oD^»@j|8^C0OO3oSi«>J
104
lliouiMnd stripes. If he will not suffer the puiiislniient, let him pay
fifteen tickalit of eiUer ; or for the arrest thirty tickals; and let him
pay the debt, principal and interest. If the demand be made when
the debtor is extremely ill, and offerings are beinj^ made the Nats of
ibe house, let the )>erson making the demand b3 tined fifteen tickali
of silver; and if ho has laid hinds on him, let him be fined thirty,
and let the debtor pay the debt. If he die from, or at the time of,
tbe arrest, let him pay the price of-ten men. If his illness increased
by ihe arrC"<t, let the offender have the amount ; let it be deducted
fruni the amount of the debt. In all thut has been said, if the credi-
tor was acquainted with the facts and sent the messenger, and if it
be fonnd that on the same day he made the demand, or laid hands
•»n the debtor, lei the creditor pay one third and the mesi?enger two.
If the acta be done bv the children or slaves of the creditor, let him
bear the whole blame. If tlw' creditor does not give orders to make
tbe demand on a particular di«y, let the offender pay the whole; let
ibe creditor he held free of fault.
TO/A. Tkf fn.<rs in trhlrh the prr<on who pai/s ihr funeral fjprnsts
of a (lictdsed debtor sha/i, or shufi nut ^ pa if his debts.
Regarding the case.- where a person shall, or shall not, pay the
dtrbls, who has paid the funeral expense**. If a rahan, a re^^^peclable
mzn, a brahmin, a ih« 4»khec, a land liuasurer, the governor, the
Head of the diMnct, or any man in authority or held in respect, shall,
rh C4»iijunctiofi with the neighbours, perforui the funeral rites, the
rfidiior thall deinaiid the a.5.<»unt of iheir debts t)f him, let him be
half free: but if his ThooaN-thouk (felh)w servant to the king, or to
a creat chief,) shaii bury him, let him pay one half of the principal
f>f bis debi^. If a friend sinli bury him, let him pay one third of
ih^ principal :um. If !m> <»rahdmolher, grandfatlu r, aunt by the
father « side, aunt by the mother's side, uncle, or brothers and sis-
ter9, »hall bury liim, Irt tiiem p ly the principal. If it be the
• ife, hu-'bafid, clnldreii, or ;irand children of the deceased, let them
; *y prinripd aii<i inierc-»i Thus the sa«;e recluse called MentH^
•aid
Oh excellent kin^ ' when it is clear that the heirs, parents, bri>-
«Krr*' or fti-^ter^' clNhlrtMi. or «:rand rluldren of the deceased should
p«? hi* debts, how is it thai the 'rhooay-th<»iik, or privnie friend,
«hu iiiA) from alfeotK>.) perform the funeral rites, ^hall pay the
debts' It is iliL*^ In a former world a debtt>r died — his family was
fKjl koown, nor wa* it known who prrfortned his funernl rite>.
Near fvbertr the b<Hj\ wa> ihrouii in the bur)ing ground there ivas a
water chatty, in which from the rain some water hdil collected. .\
frateller b^ing thiraty happened to drink of the water. The credi-
OOCf
c|8jooi(c8coi<:Gii§&o^ROJ^so6go^O(go«^aG8£^oSoacc{>tCGOc8t
€^?oo5c»g6^gioooocS*cl«oj6*B c^Sc^^odSb 3^cf^(S c^z^oSqc^
c€)iif26|^88go«c^Bil©o2cocoiyc©( ■cl^:§c^Scpico9€^coo5i
dBcxDoSn ocsooS^ccj^ceD O3^ooc^^o5^cx)5i d^oocSi coocSqcsj^
«ei§^03^^id^adgSo2Srg6^£2gos^sei>d^bgs39<2|Odc@o8tcl^i
gj|8c8o^c5ce^- d^s^c^Gi^oSi u£8coc§icoooSic^86^a3^9^ojjEi
eeo^oo^i ^02|B^5(?&« 1.^ j|8ocoscgsi 60^sog)^c§^ao^Q»
jy8joiBj|8aooSc©B§^So^s^id^<^oSc^i'Cooo8«olc^8olac©«d^oo
\o ^©05(^1 oo8?[^o6Djco6*»;pB«co6*Gpj6ol8i
goSca)o«S<^^SB §eosfi^oo8!j[^c6Djoo6*cpB«ao<ycpij8dli<n
c©188^c>j^oa@«oosoDOvnScoDoob'jg8j©B05G^6'ooo8c8j8iooSajj8i
oo8«(5^c6ffoo5Bgjj8«^GpBo:r8scgo86©«d^:§«o^oSopBCootco90oS
c§i oo8«fJo6c^«oo5B o5G^£ic»oSooSoo(yG©i oDca9:g8oo8tQc6
CO0SigdG^88r^O^8^^^0O^CCxS'c©Bc88Cg0Srad8si8^Sc8c0Of93090
ColoS€o5oo8?Q^oScDDSM3ac^8«30<Sc©i COOCJWODOJi CoSlOOOtlcBit
cg«c§coS«(5aScg8n c^8?go8c^oocycea^i »g'<)^?oDoi j|8c[coocid^
cooS»(£i
(§9^§«cogscooooSB02coS^S6C^^OB ^Soo^os^i 038sgc6cpiOd
COaSc^o80d^0dS0u00(S'c[QCO3D^^3O0^OD08i Q^tco^cot Q^ot
GODOD^i ad^8osorpd^|^eo8coooj^n^nu^a2oo8f(^c6^^too8ioo#
^Cg8Bad?O3o8c^^0008^/BCS^C^:^(iB^oS2g0^CG^Q083D§l d^
104
lliouiianci filripcs. If he will not sutfer tlic puiiislnneut, let liiin pay
fifteeo tickaltf ofi^ilver ; or for the arrest thirty tickals; and let him
paj the debt, princip.'il and interest. If the demand be made when
tlie debtor is extremely ill, and oiTerin^s are being made the Nats of
ibe hcHJse, let the person making the demand b; fined fifteen tickali
ofsiWer; and if he has laid h.nids on him, lot him be fined thirty,
and Jet the debtor pay the debt. If he die from, or at the time of,
ibe arrest, let him pay the price of-ten men. If his illness increased
by the arr€'»t, let the offender have the amount ; let it be deducted
firoflu the amount of the debt. In all that has been said, if the credi-
tor was acquainted with the facts and sent the me^tsenger, and if it
be found that on the same day he made the demand, or laid hands
on the debtor, let the creditor pay one third and the mess^enger two.
If the acts be done by the children or i^laves t)f the creditor, let him
bear the \%hole blame. If the creditor does not give orders to make
ibe demand on a particular di'v, let the t»fTender pay the whole; let
the creditor be held free o! fault
TOlA. Thf €a$rs In irhirh the prr<on trho pftf/^ the funeral ejpeitsts
of a diCKisfd (itbtor shaii, or i^hull iwt , puif his Htbts.
Regardnig the case? where a person shall, or shall not, pay the
debtj, who has p.iid the funeral expense^. If a rahan, a res^pectable
man, a br:ihmin, a ihi okliee, a laud measurer, the governor, the
Head of the di*«incl, or any man in authority or held in respect, shall,
if» ci»njunction with the neighbours, pcrfi)rui the funeral rites, the
rr^-dilor ^hall demaiid the a.i.<»unt of ihcir debts t)f him, let him be
lialf free: but if his 'rh<»oa\-thouk (fellow servant to the kins, (»r to
a irreat chief,) shail bury hnn. let him pay one half of the principal
•>fhl^debl^. If a frien«l shall bury him, let him pay one third of
the principal :um. If \\\> grandmother, grandfatlur, aunt by the
father s •«idi*, aunt by the mother's side, uncle, or brothers and !>(is-
ier», «hjll bury him, h t tlieui p ly the principal. If it be the
• lie, hu-b:ind, children, or ^^raiid children t)f the deceased, let them
; ar principal and nitere^t Thu-j the sa^»c recluse called MemH»
*aid
Oh '•\crllent kiiii^ ' when it is clear that the fieirs, parents, bro-
ther** «»r 5»i*iter^' rluMreii, or ^raml chiKlrfn of the deceased should
fMV hi« debts, how is it that the 'rhnoay-thonk, or private friend,
«ho may from atfeotKM pcrl'orm the funeral rites, ^halJ pay the
4ehfi« * It in ihi> In a l'>rmer \w»rld a <lebtor died--hi.n family was
fhK known, nor wa;* it known who performed his funeral rite**
Vcar trberf- the b«Kjy wh.^ throw n iii the bur)iiig ground there was a
water chatty, in which from the ram some water hail collected. \
trateller b^ing thiraiy happened to drink of the water. The credi-
k*
003
Dd£o8§(£ooooo8i oo^sodoSodeoSB §S«^oo^i§j|S^8od^i 6C[
cjraoSoS^i oocoSgSs^BcQoSx n^s^ccooD^i cocaS^8tooSf
QCgoS§8c^^BCG|^?a3ooSaj2co6'€GB Sc^s^^^* ^8G|^coD3^d^aooo^
fC^cQo§iOC©QSlO:2cSc^S8|»C6^C§8iDjJ8lCX>CCX)o88B§nS»OO^r8
obQCoooSs ooooscpsno^ogolarS^joo^^i '^^f^^'^?S
•o8io99g^9^8(>>oS^«c[oo^8g8e^7coSid^gog]oa9cocpc2oo*G^i
\o co8(c^8cxxJl§a«ooo8^«OQol^n8i«oD08caSicoScuS
§oSc3DO»88^8iCX)S^800olcODO§i OODOS^SODolcODof^C^i
cooSa>oSogScoo^oS««oD08j^8cooSoooSoo8€Ooocol@r^tc^oaS
cf « »coo8ca9<c)90tS'o^i3doooS;^cx:>o8[^«'80D08c§sjOd?g dc^oooi
docfcei »Gd^S8gop?ooS co^si co8@8ca3^i 008 coScf
rfc^oc^«^ico8coScocSoooScgS€oo^oScoS^2cooScooSooiooS
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oo^«d^co8id^»ODO8C^oo(5'tf0* ^ oro;a708g^i O^g5ojtoog5r^4
^
105
tor sued the traveller ; they came before the king of Benares to de-
cide whether he should or should not pay. The king handed the
case ofer to the queen, sud she consulted the teacher, the recluse,
who said, *' it is n chatty placed for the purpose of washing the
bones; the traveller has drank what he ought not to have drank ; there
other water to be had ; he has become one of the family (of de-
) In exnmtning the person sued, the man who drank the
water, he said, as the dead man's features were not destroyed, he
knew him to be a friend. So the recluse said to the queen that he
«M liable to the obligations of a friend, and should pay — for this
rewon, that no chatty, gourd, small cup, shell, or other vessel, shall
be left unbroken in the burying ground, is a tradition from the be-
giaoingofthe world. In another case ; if a person, not knowing
another to be a debtor or a slave, shall make him a priest, let the
(oupet-tsay) head priest and the priest who officiated, pay the debts.
This is according to the sacred law, the law of the world, and the
orders of princo;>. This the recluse called Menoo said.
71//. Ttto kinds of debt incurred by a first husband or wife,
whrthtr the strond wife or husband shall, or shall not pay.
Oh fxcellcni kin<^ ! the law whether second husband or wife shall,
or shall not, i>a> the- debts fncurred by first wife or husband, is the
•aroe in both iii*<ianceM. If a man's first wife takes a second husband
and dim. during her life time it is not proper that the second should
pay debts contracted during the life time of the first ; let the children
and wil'e of the tir^t only pay them. And if a v/omau, on the death
of her fir?t huhbainJ. lakis a second and dies whilst cohabiting with
hiro, debtH incurred cluniig the life of the first husband shall not be
paid by the secon<l : let the heirs and children of the first husband
only pay them.
In another caM» ; ifaliusband or wife be situated as above, and
the first wife or husband has left no children, and the surviving hus-
band or wife ha.sgoi the property of the deceased wife or husband,
this the) If hcrit by rijrhi If there be no property left, let them pay
one iourth of the tlebi . that is, when there was no engagement on
tbeir part to piy. If they have promiaed to pay, or begged delay, let
tbem pay the principal. This the sage recluse called Menoo taid.
L
oo6
^^ffoton»^ioooS^8ccx)ood9n9i>GdG^8s^8adgo8d8cof»^o2*9<
|39^i^}ScocG[>c^^8ii odoooSd^G^Ss 90308 odd^Ssodgg^cSoa
l5^5c08^l?g6^889dC^8§C^Sff^CGisl^C^S8»^096^G^f Od^(
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Ojl|8lCfOcSc^»C00088Gp§i§^^CO^»SO8C[p(^lO]S0DO00Ca>O§
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s^G^iOdS^cooSo^oSob^" geo8(§j|8}8§8i»a:)cS»^8to^8i(i
O^oS GO3O0d^6^8(^C§00^8 1^8§ SODO SOOoS ^8^^8 lOggCOCOoS
f||iQdoooS(^c^iog|eg6^8(^sooc^«ie>o1^)^Qo88bi|£o1i6(X>tdBt
cG[pcS^8c^coa2e QgQ^ooo 1^8 G^cooo d^cooS^iSi
a^ @oooScpcco«ol^i
goScooo»88^8Logcgbcg«^^tGo1^Kc^o886B j^SicOic^too
§a0^GgS«ad^sad08gSi00oS^G3C00dcQ8CCO9ol800^8| iCOOt
ol8o2CO3SoD03i c^ooSs^bco^Ss^sco^soooIsi •»88eC098«8t
^fooolsi P02^g8C2^a9^8(X)cn.'R io2^cogS^809o1ti igQ
oj|]8oocScei r<^Sj«coo8i »88cooSi»88coofi »8i^t jp
cj8@6^88adeoo^ogSB oococ^ j^8f oooSffGH '^9'32@^
^8^lC)8|§€|889d^OOG[>Og8BOOCOCODSo CCOS^OOoScei lO^^
09^^8ycic}8§6^880d^B oo^ogSBOococ^Bclif oocScet id^
^||8ccx>oi adaooS}8o;^B ggo<^8n^Gaoo8G^88adc^88«;ofgoog
^i808^8@O2]8b gg0^8§qpB00d^8ffCO8dS8?qpoSc^»l iCg
■»S8^so2qp|B adj|SQaosp&cx)08coo5B ^coSr8»dBo99i
^6^§^^^" ^5^8«od^c^8|cx>oo^5b "^^S^^^^
ijJtij^oitt^u^^oa^twc^B 9|003oS§ccoS^ ci°^^^^«6e?f#" ^
106
7*i//. D^bts incurred aud a promise miule to pay in so many months.
Oh excellent king ! as regards dcbU to be paid in so many months ;
if a debt incurred under an engagement to pay the interest every se-
fen inoDths, and the principal and balance of interest when the bor-
rower U able, if the interest has been paid several times in seven
noothly periods, till the amount paid has reached cent, per cent, on
the principal sum borrowed, though interest may not have been paid
lor many years, the debtor shall not pay by the monthly perioas as
agreed on ; cent, per cent, having been paid, the debt shall be held
as paid in full. If without any comment or thought they have by
matnal consent paid the interest for all the months elapsed, even if
the interest has been paid to the amount of two or three hundred per
cent, there shall be no farther demand, nor shall what has been paid
be demamied back, if it be by mutual consent of respectable people.
Why ts this ? — because it is like the orders of the succession of gods;
if they have had no suit, and there is no decree, it is like a matter
in which th<: gods lia\o given the order. If they have had a suit,
and were both present when the decree was £jiven, it is like a matter
in which the orders of the £rods have been given. It is ordered, that
vi ben double has boon paid on gold, silver, and fill kinds of copper
(metal.) and four fold on rholum, vetches, sesamum and cotton, the
drbt shall bo con^^idfTod as paid in full. Thus the recluse lord Me-
ncx) said.
'^W. Thf tour rafts of "tfrrf^^i.
i)U excellent kini; ' in l>orrowing gold, i>ilver, and the different
kinds of mclal.'j. or padtly, choluin, corn. *cirlies, hcsamum, or cot-
lofi, the four kind«< of inifrest acror<linir to the class of ihc borrower,
4re wi follows : With iho poor cla>s and the lamaings (agricultural
%la%es of tho ki'iif.) ilio Tins'* (»f chiolV, ihe wealthy, and the mercan-
fi'e cla««» IIi\ini5 <lui«lod the principnl borrowed by these four class-
«* into onf hiindriMl jiiriH, let the poor vAu'^h pay interest at the rate
ijf <Hir- hundredth pt-r tnonlli ; b*l the chief pay two hundredths; the
wealthy tour Inindrodili-. : and the morcnniilo five hundredths. If
ooii^v hat been borrowtd on :in on^aiienient in accordance with the
A^ive ratf'* oi' inti'fr^t, .iiid tlic case b«* l»rou::l»t into court, accord*
.ojj to ihf* II iHirr otilio ibiiiir borrowed, lot ilio drbt be considered
»* paid in full when cr-ux por cent, (advanc.*.) i»r tour fold has been
paid. All riiltivainr^ aro not said (o Im' tti i ho poor class ; the la*
uaiU{f3 are n«»tcd A« r<'i/.irdi tb«> rl.t-^^ of chief:- : the children and
fraod rhildrc I i't ilic iii<wiarrli nrr not iiiclndi'd : tliey are excellent;
thf reiii4iiidef arc iii<-lndt'd. The weakhy cla.vn are thiiM? who have
3och pro|>crty, aniinate or inaniinai^ permanently, above what it
ttsaally p^j.^-^^^.^ed by people generally, let thi-m be of whit family they
oDOCOj|god^cooiOd}Sao^^oscoSco^si^g3€|^£8adcQ8tiaMJ
OdODoS^^oS ^^s o^^^x^oti ^S cot oo^S'g^Ssi Odoo^ adc|gS mm
wacS lOdcoooS^odc^Ss §^^20)0^^0800^31 oo^^so^ic^QgG ci
»g£i OM^ScgoScadoSg^cgcSc^cooSR d^odj|8<<)o8i ^c£d8ioo<jg
r8i(gr)8QDi02cj2^c>i!03d6'oooc^icgo96p(goS6^coDOC^o§
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coD8^co8sooS^oo^ig8«c§i §j|8oof ODgSsu ^SoDO^QsGoSSccnS
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c^oooS^coicaD5oD^8«coo38@ia3oD5p::§gai;ogo£««cp6Scco^
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§l0dj|8030^G^oSc000gS8i
Ai
107
may. The mercantile class are those, let them formerly have been
what they may, who are in a large way of business in any article. If
in paying 1 debt as above, paying for goods bought, or returning a
borrowed article, gold, silver, copper, iron, rubies, rings, bracelets,
or cloth, be paid in as of a certain value, if they have not the appear-
anee of that value and kind of property, there shall be no limit as to
the months ; if a hundred years have passed, and the article, without
alteration, as it was paid in shall bo returned, let the person who
paid it in take it back and change it ; he shall not plead the length
of time since he paid it in. Why is this ? — because its appearance
has not been altered ; there it is, ns it was before. But in case the
appearance has been altered without the knowledge of the payer, let
the person who altered them keep them ; he shall not return them,
becanae they have been broken up without the knowledge of the pay-
rr. Any portion that has not been altered, let him return and have
replaced by what it was originally said to be. Thus the sage recluse
called Mcnoo naid
74/A. The Itttr irJun thr dtbts are swept atcay^ or for rtlxff of
insofrcnt debtors.
Oh excellent kinjr ! reirarclmg the sweeping away of debts. If a
perai>n has incurred debtN beyond his means of paying, and his fami-
l» are unable to assist liim, or if lie has no family, he shall make a
petitum to the kiiiir, (who will say,) un c<inditions giie him an ad-
vance, or the kiii^ may ^ive him an advance, and let him go in a
trading ship. In three ye;ir^ the kin^ may take back the advances.
Thi5 be m:iv do in acoordiiice with the laws of Theng'ha-wo«)io ;•
but if the debtor has not abilities to warrant the king acting in this
wav, or if he has no >tren<:tli, he may call the cre< itors together.
in the pre^ence of ralian*- and re*«peclal)le men, and having caused
the debtor to put on white r:arineiit>, make an invocation, and say
that he gives release tVom mi'»fortiine in this life to his wife and cliild-
rrn, and renue?»l his credilor to grant him a release ; and having
poured over him cU-ar watir tVom a bralimiii'> >liell, make a rejoi-
cing with mu««n' ; tin- is ralletl. " swe*'f)ing clean the level " If thp
debtor's luck ^hall chaiiije, and he shall after thiti become a thatay.
(wealth) man,) (he creditor.^ ^hall ha\e no claim against hii.i, and even
if he ofler tin in their diie«<, it i-* improper in them to take it ; the
matter has becc»me one in connection with a future state. The nio-
fiarch alone, and no one Ix^ides, has the power to do this.
19 @C003&t^03fi{ptO«Jltl
§cSc3?0»£l|^ligsC»0&l^a?^a»tigj)803a93<^l d^
•oodBo3<]^giali
108
7Slk, The law for breaking up the. coiUction of debts ^ or 5t/r-
rendcring to creditors.
Oh ezcelleni king \ the breaking up of the collection of debts is
dds : One out of many creditors shall not take the effects of a debtor
u. % filoation, but the creditors and the debtor shall come before the
head nan of the village, or some man of wealth and respectability,
not being a debtor, and having got him to buy the effects at a price
land, the amount shall be divided amongst the creditors according
10 tke amount of their claims. This is the custom of poor people,
and w called " breaking up the collection of debts." If after they
kntn been thus broken up and divided, the debtor shall, by a change
nffcrUine, become a man of known substance, the creditors shall
Imvn no claim against him ; let him be free. But if with a view of
preventing the debt against him being carried on to the next state of
esialence, the debtor on becoming such shall offer to pay the credi-
tora, they may receive all that he will give them.
This completes the laws regarding debt contained in the large
work of Menoo, from the eighteenth radical law, to the *' breaking
op tbe collection of debts."
t.STi OF TRE THIRD VOLUME.
LAWS OP MENOO.
VOL. IV.
LAWS OF MENOO.
THE FOURTH VOLUMK OF THE
GREAT WORK OF MENOO.
/ worship the god who is worthy of all homage ^ who possesses an intui-
tive knowledge of good.
CONTEIfTS OF THE FOURTH VOLUME.
1. Twenty-five laws regarding theft.
2. Of a boy stealing the patsoo of another.
3. The law by which the district to which the foot-marks of itolen
buffaloes, cattle, horses, or elephants arc traced, shall make good
the loss.
4. The law when the herdsman and owner of cattle shall^ or shall
not, both share in a fine levied on a thief who may have stolen them.
5. The law when buffaloes, or cattle, without the knowledge of
their owners, have trespassed, and are killed by the owner of the field,
who is not known at the time, but on investigation, a fine is inflicted.
6. The law when buffaloes, oxen, horses, or elephants, attack each
other.
7. The law regarding throwing stones or bricks.
8. The law when a man of an inferior class strikes one of a higher
class.
9. The law when two persons asbault each other in a retired place
in the jungle.
10. The law when a man beats the buffaloes or cattle of another.
1 1. The law when relations, parents, teachers, or scholars, assault
tach other.
1*2. The law when a mad man assault.s a sane one.
13. The law when two men fight by mutual consent.
14. The law when a man and woman fight, or assault each other.
15. The law of compensation, when the six persons who ought
not to be instigated to do an act, arc instigated, and die.
16. The law when one p^uson eiicourajjes another to commit an
assault.
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17. The law wheu a person is about to assault another, and a
third party, who says " that's right/' shall not be free from responsi*
bility.
18. The law regarding one person kicking another.
19. The law when one loses a little finger, a little toe, a thumb, or
a great toe, in the cause of another.
20. The law when one person pulls another's hair.
21. The law when a thief, while being caught, may or may not be
killed.
22. The law when a degraded person holds up his finger at a re-
spectable one.
23. The law by which men are divided into three classes,— excel-
lent, middling, and degraded — and each of these 9gain subdivided
into three classes. •
24. A tradition in illustration of the law, that when a person goes
where he ought not, and meets with mif^fortune or death, there is no
blame.
These are the twenty-four laws contained in the fourth volmne.
1st. Of the twenty-Jive kinds of theft,
(Here is a Pali quotation from the sacred books.)
Oh King! because it is thus written, the law of the twenly-five
kinds of thefl ii as follows : —
1st, A-dee>yan-ta ; 2d, Ha-ran-ta; 3d, A-wa-ha-ran-ta ; 4th, E-ree-
ya-pa-tan-wee-kau-pa-na ; 5th, Ta-na-tsa-tsan-ta ; — these five kinda of
thefl apply to animate property. They are called " £-ka-ban-dt-pen-
sa-ka.'* They may be applied to five kinds of thefl committed oo
both animate or inanimate property, when they are called *' Na-na-
ban-da-pen-sa-ka," and reckoned ten kinds of theft.
11th, Thaw-ha-te-ka; I2th, A-na-te-ka ; 13th, Ne-thet-khee; 14tb.
A-ta-tha-da-ka ; 15th, Doo-ra-nik-kay-pa ; — these five kinds of theft
are called Tha-ha-te-ka-pen-«»a-ka.
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112 .
l(»Lh, l\ni-|>.i-|»a-\aii-k.i . lilli. 'riiu-lia-|m-);iii-ka . I^^ili, Thaii-
n'M'-da-iia-ra-tia; IDtli, 'rhrti-ka\-ta-kaiiMiia ; *Ji)lh, Ni-mct-ta-kam-
iim ; — these tlvc kinil.s arc callril l'aii{>-))a-pa-yau-k.v|)en-fta-ka.
"ilst, Tay-ra-wa-lia-ra; '^iil, Pa-thay-sha*wa-ha-ra: '-tid, Kii-tha-
ilo-ka-wa-ha-ra ; 'i4tli, Pa-rr-kah-pa-wa-hn-ra; 'i.**!!!, Pa-tii-tsan-na-wa-
lri-ra; — the«»o five arj rilled Tav-ra-wa-ha-ra-prn-sa-ki, and inakr
I he twcnty-rive kinds of ihcfi
l.st» Of these tw^Mity-five kinds of theft, A-dre-yan-la i:* when ooe
hv a f«uit at law unjustly obtain** po5**ossion of the slavp, field, or par-
<l«n, of another.
•Jd, Ha-ran-ta i?« :•. thelt «-onnnuted «mi 'j^nnh in transit from on*-
pla«e to another.
iM, A-\va-ha-ran-ta is wh*rn deiH>sited property i** secreted and
>'ii»len.
•Ilh, K-ree-ya-pa-lan-uee-lvan-pa-na i»i when a per(^)n, departing
ironi any oih; of the f*air ^lale^ <»f heiii'^ {nr |H)sture of the body.)
er»nunits a theft. ( In otiit-r words, deliheratt' and premeditated thefl. )
'>ih, Ta-na-tsa-wiMni-d.i i^ uheii a thmjr is merely moved from it*
plare.
These fi\e are the thefis in the l^ka-won-da-ka-peii-sa>ka, and
also, the five in the Na-iia-han-da-{)en-'ia-ka. They are reckoned ten
llth, Thaw-hat-te-ka is when a person steal << with his own hand on
his (»wn account, without sending another person to ^teal.
I'Jth, A-nat-te-ka is when one {)erson is sent by another to steal
theprt'perty of some one pointed nut.
i:itl). Nee-thet-khee is when .Miy thini; e« thrown out from a gran-
ary, hrirk house, any enclosed place, or the endoMire round itir
htMisr, and *<tolen aMeruard>. >>r ulieii :iii\ thitiLf on which dat\
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112 .
lOlh, Pou-|)a-j»a-yau-ka ; I7tli. Tha-lia-pa-yaii-ka ; 18th, Than*
wee-da-ha-ra-iia ; llKh, Theii-kay-ta-kam-ina : '-^Oth, Ni-met-tt-kam-
ina ; — thes(.' tivc kiiuU are called Paup-pa-pa-yau-ka-pen-ta-ka.
'2l8t, Tay-ra-wa-ha-ra ; •2'2d, Pa-thay-sha*wa-ha-ra ; 23d, Ku-tha-
de-ka-wa-ha-ra ; 24th, Pa-re-kah-pa-wa-ha-ra; 2oth, Pa-tit-tsap-na-wa*
ha-ra; — these (i\e ar3 called Tay-ra-wa-ha-ra-pcn-sa-ka, and make
the twenty-five kinds of theft.
ist, Of these twenty-five kinds of theft, A-dee-yan-ta is when ooe
by a unit at law unjustly obtains possession of the slave, field, or gar-
den, of another.
'Jd, Ila-ran-ta is ?. tlipft committed on jjixmIs in transit from one
place to another.
IW, A-wa-ha-ran-ta is when deposited property is secreted and
stolen.
4th, E-ree-ya-pa-tan-wce-kau-pa-na is when a person, departing
from any one of the four states of beinij (or posture of the body,)
commits a theft. (In other words, deliberate and premeditated thefl.)
i>th, Ta-na-tsJi-w(M>n-da is wlien a thing is merely moved from its
place.
These five are the thefts in the l>ka-won-da-ka-pcn-s»-kay and
also, the five in the Na-na-ban-da-pen-sa-ka. They are reekooed ten.
Ilth, Thaw-hat-te-ka is when a person steals with his own hand on
his own account, without sending another pcr.son to steal.
12th, A-nat-te-ka is when one person is sent by another to steal
the property of some one pointed out.
13th, Nee-thet-khee is when any thittg is thrown out from a gran-
ary, brick house, any enclosed place, or the enclosure round the
house, and stolen afterwards: or when anything on which doty
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stolen.
14tli, A-ta-tha-d.ika is when one is sent by another to steal the
property of a particular person, and the end for which he was sent
is accomplished. The theft is then A-ta-tha-da-ka.
loth, Doo-ra-nik-k ay-pa is putting oil, or other substances of ibe
kind, into shoei*, or other vessels, which will absorb them.
These five are Tha-hat-tee-ka-pen-saka.
1 6th, Pok-pa-pa-yau-ka is when a man sent to steal in a certain
place pointed out, takes great pains before stealing to make prepara-
tions.
17th, Tha-ha-pa-yau-kii i> shifting the boundaries of fields, f^ar*
dens, or other lands within the lands of another.
L8th, Than-wce-da-ha-ra-na is when a party consult and combine
for the purpose of stealing.
19th, Then-gay-ta-kam-nia is stealing, having determined the
time.
20th, Ni-met-ta-kani-nia is winking the eye, giving a look, pointin*^
the hand, or making any other sign to another to steal.
These five are the Pok-pa-pa-yau-ka-pen-sa-ka.
^Ist, Tay-ra-wa-ha-ra is shilling the scales or beam, or steel-yard,
or any artifice to cheat in weighing.
22d, Pa-tha-sha-wa-ha-r-? i^ taking any article, the property of
another, by force in any v>.:..
23d, Par-rc-kah-pa-wa-ha-ra is when a person, before committing
the theft, notes the intended place, and forms the intention of taking
cloth, not thread, that he will take it when the owner does not see,
and that he will not take it when ho doe5. A theft thus meditated
on before hand is so called
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114
'i4tb, Pa-tit-stan-ua-wa-ha-ra is when a thing ti covered ap wiih
rubbish, or any thing of the kind, and taken.
25th, Ku-tha-de-ka-wa-ha-ra is altering an inscription, or taUj» or
account.
These five are called Tay-ra-wa-ha-ra-pen-sa-ka.
If any one shall, in any of these twenty-five ways, sted the prop6^
ty of the king, the lord of land and water, his property shall be taken
from him, and he shall be caused to restore ten for one ; he ought,
also, to be banished from the country. It is also laid down thai be
!shall make restitution in live times the amount. If a thefl' it con-
mitted in the night, five fold, if in the day, two and a half ihall be
restored. In the theft of animate property, if an elephant ii ttiolen,
two shall be restored ; if a horse, five ; if a slave, five ; if a boffilo,
fifleen ; if an ox, thirty ; if a pig or goat, fifly ; if ducks or fbwb,
one hundred ; if a dog that is taken care of be stolen, one and a
quarter tickals of gold shall be paid ; if a small tame parrol, five
tickals of pure silver ; if a decoy cock, a decoy water hen, adeeoy
partridge, pigeon, or dove, or any winged thing be stden, let five
tickals of pure silver be restored by the thief. If a bird bealolen
out of a snare, he shall pay thirty tickals of pure silver. If a deoej
red deer is stolen, or small deer be stolen, let him pay thirty ticUs
of pure silver. If a thameng or dray red deer, or small deer, be
stolen from a trap, when it has been caught by the aasistanee of a
decoy, let them be replaced ten fold ; if a wild animal that hae been
snared without the assistance of a decoy, or that has been shot hj a
bow and arrow, be stolen, as it is a jungle animal, let two for one be
restored. Only when the animal is just taken, it is proper to fine or
punish the thief. If it has been caught for some time, there shall be
no punishment. What has now been said has reference to animate
creatures.
Oh king ! as regards inanimate things, gold, silver, gems, iron,
rubies, copper, red or white, an alloy of loos and gold, (supposed
to me meteoric) brass, copper, salt, gna pee, sesamum seeds, raayau,
barley, corn, vetciics, earth tin, spades, large chopping knives,
axes, awls, chisels, adzes; they shall all be restored five fold. Spears,
swords, bows and arrows, fire arms, front and back shields, coats of
armour, front and back ornaments worn round the neck with the
military dress, the ornamented lion of a spear, a standard, a rojal
messengers' small batten hat; if any of these arms, or oroaments, are
stolen, let them be restored ten fold.
- a . *
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115
If any of the following things, — honey, molasses, palm sugar, the
hardened sediment of molasses, cow's milk, butter, finegar, ghee,
cocoanut milk, boiled rice, spiritons liquors, abbrettus, soap, mel-
lots, shafts of spears, mortars, pestles, false hair, washermen's
plank, water or rice chatties, common baskets, measuring baskets,
currie pots, small blocks of wood, fruit of the palmyra tree, cocoa-
nuts, betel nuts, betel leaves, mangoes, jack fruits, water melons, en-
cumbers, musk melons, pumpkins, gourd or brinjals — are stolen,
they shall be restored two fold.
If the thing stolen be taken from the tree, fruit, flower, leares, or
bark, or if it be ping (root,) yams, thendauk, or grass which the
cattle eat, it shall not be considered a theft as a mattter of coarse,
but is a matter for consideration.
If pa.Idy be stolen before it has put forth fruit, or trees that hare
been planted by men are stolen : let one tickal of pure sil?er be
fined as damages. If trees that have been planted shall be pulled,
or trees whose loss may be regretted be cut or broken, let two
tickals of pure silver be paid, and let the tree be replaced as before.
If paddy that has put forth fruit be stolen, let each of the thieves
pay fifteen tickals; if it be cut and stolen in the day time, let half the
above damages be paid; if a sheaf be stolen from the heap after it
has been gathered, let five fold be the amount of compensation ; if
the paddy be stolen after it has been beat out and winnowed, let five
fold be restored. If rice be stolen from a basket, let five fold be re-
stored. This is clearly stated what shall be the amount of restitution
in such cases ; but if the thief be a person from whom nothing can
be had, or a person who has not beforr committed an offence of theft,
or if it be a time of scarcitv, these are matters for consideration.
If onion?, ping, thadoe or yams, which have been cultivated, are
stolen at night, ten fold, if in tlie day, five fold shall be restored.
If fishing traps, larjje or small, whirli had been set, ere stolen, with
the fish in them, let an ox woith five tickals be given in restitution,
and let the original price of the trap also ho. paid : if the trap only is
stolen, two and a half tickals, and the price of the trap shall be paid.
If a trap on wheels, a casting, or a drag net, be stolen, five fold shall
be restored. If a harrow or a shoulder j)oIe ho stolen, let five fold
bo re.<*iored : a present shall also bo mnrlo. If a cart or boat be stolen,
five fold shall be paid in compensation. If a bundle of paddy tied
up for transplanting be stolen, ton shall he restored. If timber 1)0
•stolen, let .seven for ono bo restored: bamboos or gra.«s used lor
ihatchintj «hall bo restored one hundred fold. This is .«aid when
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116
the owner has brought them home and placed t watch over Uiem.
If they be stolen in the jungle where they are collected, and where
there is no watch, five fold shall be paid. If one person has marked
them for cutting or reaping, by burying a stone, cutting a cross, ^
ing round them a creeper or piece of split bamboo, and another shall
cut or reap them, let him restore two fold. If any persoo's slave
shall steal the property of another, let restitution be made according
to the thing stolen ; if it be of large amount, the slave shall be for-
feited, he shall not remain with his master. If a slave shall steal the
property of his own master, if he can procure the means, let him
make restitution ; if he cannot procure property to make restkation,
he should be put to shame and punishment.
If any Rahan, Bramin traveller, sick person, and the like, shall
take from any field or garden one or two sugar canes, one or two
fruits from the tree, one or two melons or cucumbers, it should not
be considered a crime ; if they take as many as seven, it is* a crisM,
and the punishment shall be considered. This is said when tbej eai
the thing stolen in the field or garden. If they shall remove them
out of the field or garden, let them make restitution as laid dowa.
If parents or a teacher shall steal any thing belonging to their
children or pupil, they shall not be held free from criminal punidunent.
If in any family of brothers and sisters, the eldest shall steal the
property of the younger, the sister of her younger brother or
est sister, they shall not escape punishment. Why is this?-
they ought to take it openly, and if they do so secretly, it is said,
they shall not escape punishment. This is a matter for coosMen^
tion.
As regards parents stealing thoughtlessly the property of their
children, they are liable to punishment and oaght not to escape. If
the property stolen be of little value, the king, minister, and good
men ought not to consider it a crime ; they ought to keep in mind
the decisions of the paralaung Mahauthata. No such thieves shoald
be put to death. If they be, ministers, governors, and judges, will
be liable to the pains of hell, and the person put to death shall for
five hundred times (in after periods of existence,) kill the person
who caused his death. Such (punishments) are not called Dama^
that, but being a bad action is called Papathat; for this reason, as (a
man) has pity on his own individual self, he ought to have pity on
others.
All weights, basket-measures, steel yards, scales, and the like,
all duties levied, the state of the royal granaries, the lords of land
and water, the rulers of great countries, should carefully inspect and
attend to.
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117
III every kingdom, iliero should be ilahriiis aiid Bratuins who per^*
form the religious dutic?*, and iiiinisterd who are perfect in know-
ledge and wisdom. There should he large and remarkable pepol
trees, nat houses or zayats. There should be no robbers, thieves, nor
wicked men, nor any wlio, trusting to their strength, (^press the
weak, or resist the authority of the lord of the land and water, or
his ministers. The king of every country should plant, transplaAl
«!nd take care of the fields and gardens, and see to the repairs of
the royal granaries and other property. In all large and small. vil-
lages, deceitful men, who are thieves by habit and repute; all men
of broken character, should be corrected according to their faults ;
and all men of knowledge and wisdom be treated respectfully, and
have offerings made to them ; and the king should not resist tlie in-
structions of aryeahs and good men, but behave with the greatest
correctness. There arc four punishments for habitual thieves. In
one case, those who should make restitution should be caused to do
so. Those who have deserved death should be executed. A thief
who steals singly should alone be caused to make restitution ; when
many have stolen, each and all should be punished according to
their fault. These four punishments should be indicted.
It is the nature of a thief not to work, that he may be dressed and
have food like other men: but by reason of his indolence^ he con-
trives the appropriation of other men's property to support his ex-
istence. Such men are hated and detested by all, from the king
downwards. With what may this offence be compared ? With fire,
the poison of a serpent, the poison of an arrow ? These are only suf-
fered in this state of existence ; but a thief through all ages, till he
obtains nicban, suffers the pains for his offence. If Rahaus or
Bramins recei\c offerings of stolen property, they become participa-
tors in the theft. For tliese reasons, .that vile, degraded, foolish
thieves may not continue to steal, good men should repeatedly warn
and instruct thein. This Menoo the recluse, the son of the king
of Bymahas, has said. This is the end of the law of the twenty-five
kinds of theft
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118
'2nd. Of a hoy stealing the patso&of anatker.
Oh king! if any young person shall steal the clothes or omi^
ments of another, let the parents enquire into it, and cause the ori-
ginal price to be paid ; if they conceal the theft, it shall not be
pleaded that the child is not of age^.to be responsible in law ; let (the
property stolen) be restored two fold. If the person who committed
the theft be of a responsible age, he shall be caused to restore douMe,
and also be punished criminally.
3rd, The law by which the district to which the foot-marks ofstoUn
cattle are trated, shall be caused to make good the loss*
Oh king ! if any one's horses, buffaloes or oxen, be stoleD* and
the foot-marks are really traced to any district, that disitriet may be
sued ; if the fact be not ascertained, or there be no footpmarks, there
shall be no claim against the district. Wise men must note this. IT
horses, buffaloes or oxen, be lost, and the owner shall trece their
foot-marks into any village, the people of the village and the tboo-
gyee, that they may be free from blame, ought to go with him, ami
point out the place where the foot-marks leave the village. If they
do not show the place by which they left the village, they shoold hie
caused to replace them.
Ath. The law when herdsman and the owner of the cattle shatt^ er
shall not, both share in the fine, or one who may have stolem tkaiL
If the owner and herdsman shall find the person who stole their
cattle in the day time, the hired person shall have the fine levied.
If the cattle were lost in the night, and the thief be discovered, the
hired person shall have one half, and the owner of the eattle the
other, of the fine inflicted.
ikh. The law when buffaloes or cattle trespass without the kmmoUdge
of the owner, and are killed by the owner of the fields c^er enquiry
a fine is levied, though the injiictor of the injury be not known.
If any buffaloes or cattfe shall enter into a field and eat therein
without the knowledge of their owner, and shall be stabbed or cut
that they die, or if their blood be drawn, or they are injured id is to
be unfit for further work, though the person who injured them be
not discovered, having measured the nearest village, field or garden,
let (the people or owner of) that make restitution.
(ith. The law when buffaloes, ozcn, or elephants attack each other.
If any brute, oxen, buffalo, goat, pig, elephant or horse, shall
be attacked by another, kicked, butted, followed and struck so thtft-
DDO
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119
It die, or isinjiiFed, or ha?e a limb broken, the attacking inimal aliaU
be forfeited. If thej fight by mutual conaent, the Yictoriout anioHd
shall not be forfeited ; if the other animal dies, there is no fank. B«t
if ft be not tbis^ if one is in a pen, or tied np, and a loose wmimA
dhrfl come and attack it that it die, or is injured, if it be in tke
night, the animal (that was loose) shall be forfeited, and letUsowa-
er pay the law expenses, as he was not tied up.
7tk, Tike law r^arding throwing stones or Mcks.
In any lowti or village, by night, or by day, if any one shall be
struck by a stone, stick or brick, which has been throwa, and has his
heaH cat, his eye put out, a limb broken, or any injury inflicted, tS-
ter ekaffiimng the seven nearest houses, east, west, north, and sonth^
let the inhabitants of them make reparation.
8ih. 9*he law when a man of inferior class strikes one of m kigkff-^
If any inferior person shall suike with his hand, foot, or any in-
strument, (a superior,) his property may be forcibly taken from him;
if he has no property, he may be banished. Oh king! as it is thus
said, (in Pali,) if an inferior person shall, with a spen or weapon,
of any kind, strike the foot, hand, or any part of the person of a
superior, he mair hare his house and all his property seised and
saken away. Th» seizure is called reparation to the superior. If
•he lias no property, he may be punished criminally, and bamshed
Id iimilher district. If be seize and struggle personally with the
superior, let him forfeit eighty tickals. If he cannot pay that ^"y^H,
let him pay seventy ; if he cannot pay that, let him pay sixty ; if he
beeoly worth fifty or forty, having taken the matter into considera-
tion, let him forfeit accordingly. If he cannot pay this, let him pay
thirty ; and if he cannot pay that, let him become a alave. The
^superior is a respectable person, the fault is a serious one. If he
shall pull the ear of his superior till it is torn, let him forfeit ferty
tidcris of pure silver. If he cannot pay, let (he matter be con^der-
^. If a superior shall pull the ear of an inferior till it is Corn, let
him pay five tickals of pure silver, and let him cure the ear. If in
the covered bazar, in the road, at the landing place, or in any con-
fined place, an inferior shall push against a superior, or a superior
against an inferior, or two inferior persons against each other ; if
'Ihe'knot of hair im the back of a woman's head, or the front of a
man's, the cheek or ear shall be struck or hurt, no i>lanie should
1» linpafed. ff at a festive, or any% other asMmbly of peqile'lbr
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120
amusement, at a gambling party cr cock fight, an inferior ihall podi
or strike a superior, it is a matter of fun and frolic, like a penm
possessed of a nat, and it is said no fault should be impated. If
when inferior people are squabbling, an eye shall be blinded, a beii
broken, the knot of hair pulled, or a cheek cut, or inch like, lit
thirty tickals be forfeited. If flesh be cut, and blood dravn, lit
twenty tickals of pure silver be paid. Fifleen, seven tnd a half, and
five tickals have also been laid down. As regards thb forfeit, sope*
riors shall pay as is proper for such persons, and inferior as is pro-
per for inferiors. This is a matter for consideration.
9/^. The law when two people assault each other in a retired jflau
in the jungle.
If people, either in the jungle or other private place whore ibere
are no witnesses, have assaulted each other, and are swelled, or the
skin and flesh black, (bruised,) torn or abraded, if the violenee done
has been great, and wounds are inflicted, or the teeth broken, thirty
tickals should be paid as compensation. Why should thirty tickab
be paid? — because the assault was committed in s lonely plaeo,with
no one to interfere, and by an unfortunate blow death might
been caused ; for this reason thirty tickals should be paid in <
pensation. If by a severe blow, a leg or arm is broken, if the
person is rendered unable to lay hold of any thing, or to walk, or if
both eyes are blinded; for these oflfences also thirty tickals skovld
be paid, and the oflfender shall give the superior a staff and a person
to lead him about and shew him the way. This the sage roehise
called Menoo said.
lOth, The law when a man beats the buffaloes or cattle of (maiker.
If any one shall unmercifully beat the buffalo or ox of another,
let him take care of the animal till its recovery. If with proper care
paid to it, it shall not live, but die, if it be a man, as is proper in
that case, let him make compensation by payment of thirty tickals;
if it be a buffalo, or ox, as is proper in that case, let him replace it
with another. This is when the injury done was unintentional. If
a person shall strike a man in anger, so that from that day he cannot
go about to the landing place or bazar, and if he shall die in a
month or a year, because it is said the blow caused his death, let
him (the offender) make restitution in the proper advance, (for
murder of ten men.) If from the day of the infliction of the
injury the person struck shall not be put off his usual habit,
goes about either near home or to a distance, to the landing
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121
piaco, or the bazar, uiul people shall see hiin so going aboUt, if witlL
ia five, six, or seven days, from the infliction of the blow, he shill
even die, it is not proper to say he died from the blow ; the person
who struck him shall not pay the advance ; it is a matter for coiind-
eration. This is said when the partie? are not connected witli or
related to each other. If a husband or wife, a child and parent^
elder brother and sister, younger brother and sister, or other rela>
tious, shall in a passion strike each other, if the beating be eerere,
and wounds are inflicted, nothing shall be paid in compensation; let
them nurse and minister to the suflcrer. If by mischance heahoold
die, no compensation shall be paid. Why is this? — because the offend-
er is not an indiflerent person, and had no malicious intentions nor
wis!) that the blow should cause death, but a constant wish for his
welfare. No compensation should be given. A s regards the fbnera]
expenses, they should be borne by the ofl*ender, with a proper dtgne
of respectability, and he shall support the husband, wife, or children
of the deceased for life, and pay his debts, if he had any. This the
{ion of Bymah, lord Mcnoo, said.
llth. The law when relatione, parents^ teachers, or pupils ^ eMSmtU
each other.
If a parent or teacher shall in anger chastise a wife, or pupil, with
a split bamboo, or the bight of a rope, most severely, and an eje^
cheek, or the like, be hurt, a limb broken, an eye blinded, or a
wound inflicted, they are liable to punishment. Even for a very
^reat fault, psrents or teachers shall not put their (child or pnpil) to
death. If they really do so, the king shall most severely punish the
offender, and confiscate his property. On this account, let no one
commit a violent assault to the destruction of his own property, or
that of others. Thus the lord recluse said.
Oh king! if two children, under the age of ten, have fought and
Wounded each other, there is no fault ; or if they die, it is their fote.
Why is this? — because they are not capable of reflection, or arrifcd
at years of discretion : let the parents pay the funeral expenses. If
Kuch a child, not of age to be responsible, shall set Are to a house,
w other property, let the parents replace all that is destroyed.
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122
i'llh. The law when a mad man assaults a sane one.
If a mad person shall assault or kill a sane person, as he had ad^
eontrol over his own disposition, there should be no conlpen8atiol^
paid ; it is the fortune of the sufferer, and the mad man, on account
of his madness, shall not be put to death ; he may be threatened.
This is when he has no relations ; if he has, he ought not to be left at
large ; they must bind him with ropes, or keep him in the stocks;
if they do not confine him, and any one is killed by bis means, or
injured, let restitution be made to the extent of the injury. Th#re
shall be no fault, (criminal punishment.)
Iflth. The law when two men fght by mutual consent.
If two men shall, by mutual consent, tight with their hands, and
one shall be wounded on the head, cheek, or ear, or if he die, there
shall be no fault. If there be no assembly of the people, and no one
set them to fight, if they fight by mutual consent and one be kiUed,
let the survivor bear the funeral expenses. If the younger or smaller
man shall die, let twice the price of his body be paid in restitution.
If the older or larger shall die, let the smaller bury him. This is
said when they fight by mutual consent. If they had been set to
fight by uthers in tlie midst of an assembly, and one die, there is no
fault.
14//f. The law when a man and woman Jight^ or assault j each oiher.
If a man and woman shall fight by mutual consent, let the man be
punished criminally; there shall be no tine in compensation. If the
woman die, let the man bear the funeral expenses; if the man die,
no fault is to be attril)uted to the woman. If a man shall beat an
unresisting woman, let him pay in compensation double the twenty-
five tickals laid down in the Damathat a.s the price of her body, or
fifty tickals. If the man shall be the unresisting party, and the wo-
man being stronger, shall beat him, if she seize his head or his hair,
and he is hurt, he was no match for her ; the fault is the woman's; let
her make him an offering of thirty tickals of silver. If any woman
shall strike a man with the girdle which she wears, let her make
him an offering of three tickals t»f gold. If any man or woman shall
Mke off another by force the cloth they are wearing, whether many
r>r few arc concerned, they shall each pay three tickals of gold.
OJ J
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123
XTith. The law when the six persons who ought not to be emcomraged,
or set on to do an act, are so, and thereby dU^ whether the setter on
shall pay compensation.
Oh king ! the six persons who ought not to be sel ob or
aged to do an act, arc: — 1st, children who have not come to jean
of discretion,.' who are under ten years; 2dy a person who has not
the control over his own mind, a mad person ; 3d, a woman who
ought not to be with child, but who is so; a woman with whom men
will not associate, who has been put to shame ; 4th, a person wko
has behaved outrageously oflfensive towards another, and who ia
in dread of punishment ; «5th, a person who endures oppreauon fto«
another ; 6th, a person who is sorely diseased. If any one of these
six persons has pat a rope round his neck, and is about to hang him-
self, or to throw himself into a ravine or chasm, or into a wdl, from
a precipice, into the water or the fire, or to cause a venooioai ani-
mal to bit ' himself, to put himself in the way of an elephant to tram-
ple on, or a tiger to bite him, or cause his own death, and aoj one
shall see or hear of this, and it being his duty to preicsnt him,
shall sny to him that his intention is good ; and if, according with
this saying, he shall do the intended act and die, the pefaoa who
said as above shall not be free from responsibility ; let him paj can
half of three times the price of deceased's body, as compeaMtioil,
(forty-five tickals.)
UUh. The law when one person eneourages anothor to commit
an assault.
Oh king ! if any one shall send a person to beat, spear, or shoot
another, and on the strength of being so sent he shall do so, let him
pay one, and the person who sent him two thirds ; if the assaulted per-
son die, let the compensation be according as when both are soed
and the matter is clear. If the parents or rdationa of the deeeased,
or the person who suffered the assault, has sued the person sent, (the
active party,) and afier he has paid compensation shall sue the person
who sent him, if he admit that he did so, let him pay one third oC the
fine; they shall not say they did not sue him because they did not
know him, and their suit was confined to the person sent.
17 ih. The law when a person was about to asseuiU another^ emd m
third party who happmed to say *' that's right" skmU not ht fru
of responsibility.
Oh king ! if a person shall not send another, but hears bim saj be
will beat, or kill, or injure such a one, and say *' that is good, doit/' let
him bear «>ne third of the fine. Thus the recluse called Menoo itid.
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124
18/ A The law regcwdijug one person kickimg amAlur,
Oh king! if (by a kick,) a leg, shoulder, or trni, be broken^ Id
ninety tickals of sil?er be paid in compensation. If a kiek be a^
flicted on the breast, face or head, lei^sixty tickals be paid; if Ae
blow be given with the hand, let thirty tickals be paid. If in a tlraf>
gle between two people for some article of property, a kiek shall be
by accident inflicted on the breast, face, cheek, or head» not with
«iny intention of causing death, but merely from anxietj to poMes
the property, or if a kick be given in a moment of passioD, lei ifteen
tickals of silver be paid in compensation. If the head be broken,
the skin torn or ruffled, if blood be drawn, or a front tooth bloken,
let fifteen tickals be paid ; if a back tooth be broken, aevett and a
half tickals (shall be paid in compensation.)
19f^. The law when a person cuts off the thumbs greai lee, er
other finger or toe, of another.
If the little finger or toe be cut off, ten tickals (shall be the eooi-
pensation,) and for the others, including the thumb and greet loe»
let the amount be double. This is when the injury is inflicted in
a struggle for some article of property. If it is inflicted in a ft
of rage, and a tooth, finger or tae, is broken, a kick inflicted ott the
breast, the front hair pulled, or any other assault with the hande, or
feet, thirty tickals is the fine ; it is a matter of assault ; hot if the
breast or head be kicked, the fine is sixty tickals.
20th. The law when one person pulls another's hair.
If the hair be pulled with the hand, thirty tickals; if it be twisted
round the toe, or trodden on, 'sixty tickals shall be paid in compen-
sation.
21s/. The law when a thief wiay be killed in eaiehing, wtcn m€.
Oh king ! if in catching a thief he be struck and there die, let him
die : there is no blame. If he has been confined as a thief, and in
catching liim ai\er his release, when he has none of the property on
him, he be struck and shall die, this shall not be done ; let compen*
nation be made by paying the balance of the fine for mordeTy after
deducting the fine for theft. In catching an enemy, he shall not be
killed or injured ; if he be, let the ofi*ender be punished according to
the offence. In a dispute, if the parties get enraged, the peraoti who
exceeds (the other in violence) shall not be held free of blame ; let
him make reparation according to the law of assault.
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125
^^2(1. The law vhcn a de/^radid ptrsou holds up his Jtngn^ ai a
respectable one.
In a quarrel, it is not proper to point with the fore-finger; if the
person who sufiered (the indignity) be of equal respectabiUlj with
the offender, let one hundred tickals be paid in compensatioo. If la
excellent man point with his finger at an inferior one, let faim pay
fifteen tickals ; if they be both of the degraded clasteSy let fifteoi
tickals be the compensation.
23r/. TTie law by which all men are divided into the txedkmif mud'
dlingf and degraded, and these again divided three tiwui.
Oh king ! the excellent class is the king, the queen, their chidren,
brothers, and the heir apparent to the throne ; there are done eqaal.
Besides these, there are the other relations of the king, the greit elue&,
ministers or lords, the lesser lords, and lords of lower degree, the
wealthy class, bramins, thoogyees of villages, governors, land mea-
surers, and those whom the king had advanced and given ta In
this class there are again the great, middle, and leaser lords; so
amongst the wealthy and mercantile class, there are three sabdivi*
sions, and it is with reference to these that a double amount* of com-
pensation is laid down. There is the original class, and fi'om tliatihe
fine in compensation, it is said, shall be caused to be paid lA an
ascending scale. Oh king! it is thus said of the inferior class.
Amongst princes, there are the three classes, — the eicellent, middle^
and degraded ; t — amongst lords, there are excellent, midldley and
inferior ; in the wealthy class the same subdivision is also made,
and thus amongst men of the same class there is a distinctioa. The
degraded classes are the dwoon-tsan-das and slaves, the descendants
of slaves who are not redeemable. The dwoon-tsan-das are those
who clean up the dung of elephants, horses, and other brutes, who
must submit to be spit upon, who remove all offensive and stinking
animals and things from the surface of the ground. The? are con-
stantly employed in burying these things. The utmost fine to be
inflicted on an irredsem^ible slave is five tickals, and above these
from dwoon-tsan-da seven and a half tickals, and from this, accord-
ing to the gravity ofthe offence, the fine shall double as the offender
ascends in rank ; thus decisions may he given. When oar Paralaung
was in the person of a dwoon-tsan-da, servant to a wealthy man, and
was employed to clear away filth, on a certain day, he saw the
wealthy man's daughter, and determined not to leave the place nn-
Jess he obtained her, and with determined bad passion he nnderwtnl
great misery. The wealthy man beat and cuffed, yet he woold not
• Thin apprani u> mean that one hundred tickala it the fine for eqtult, and twict llMl«ia
an inferior pninui the Snfer nf ermn at a auprrkir.
t ThM should probably be 1^0
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126
go awaj, but n-ith tlie wish of obtaining the daughleT, put ap wiOt
grcit misery. The woalAy man freqiKirtly beat him. The w«althj
man's daughter represented that he must nltioiaielj die, in whick
case he (her father,) woufdliate to endure (he jntM of IMl, abd tlM
punishment inHicted by princes, and begged that she niigfat ba ^vw
to him ; so the wealthy man frave his daughter to the dwooB-tkM-^
and a better tcm))cr having pos!<e3sed him, be become a Yithay -wai
Rnhaii, and nhtaincd zan. The wealthy man having learned tbu,
made an nbcisarice to him as he returned from the tntpansfc oTAe
heavens, am) h; w:is a fit object for such respect. Bearing this in
mind, dl men whaiever, eren ofihe most degraded closa, ate worthj
to be raised to rEnk and ataiion, if the habits are good. Tbongfa (the
Paralaun^) was a dwo!>n-tsin-da, etcn in that state, his habits bein^
^ood, and because he abided by the truth, he received the7eq>ect
and homage of many men. Thus the Yathay said to the king.
Q4th. A tradition in ilhislration of Ike lav that vktn a mm ga«i
where he ought not, and meets vith misfortune or death, titrt is
Oh kinn! in the lime nf (he !*od Way^tha-boo, the king of k
certain country, went into the lurest and encamped near m cteariag
iind garden ; he sent round the gong and proclaimfd that if any of tbe
royal followers took aiiv thing front the garden, they Rfaonld be eercrfr
ty punished, and they obeyed the proclamation. But to oscertUB thM
they did so, the king went into (lie garden at night, and alone; the
owner of the garden nnked him if he had not heard the proolu&Mioa
of Ills royal master The king replied, " I am the king of the oaaauj.
and have come to sec whether or not my orders are obeyed." The
(iwnei of the ^aril'-n rejoined, and said that the king of the coontij
woiild come vrilli ollicer.s and followers, and that he did not bdievlB
him, and thus, not knowing the king, he beat him with a slick tlut
he died, and coiert-d up hia hody in a cucumber bed. When the
lords went thni iii|.fhi to « nit on the king, they did not see him ; to
they went into Ihe garden to look for him. Theowner of the g«r-
dc[i lold ilicin iiix ti> c<>:no ('mic ; that the king had issued a procli-
inatioi), and th'.t th:i ni';ht a man had come in and been beat to
dcnili hv him, anl h.? harl covered him up with rubbish. On hear-
ini tlii^ ihe I'T'ls looked, (and said.) " it is our king ;" if the men
aiid otficiTsof (hs forcL'Come to know this, they will be panic sir nek ;
ami if the kin?.* of other cinntncs hear it, they will attack and de-
stroy ours, and our enemies will be numerous. So, that it might not
he knu«ti, ihry Ixiried ih^ king, and giving ihe owner of the saHen
his cjrtiimeiii?. Mill, " ymi are a proper person to be king." He rfr
fiisfil .'^nd siiid " [ »ill itoi he king." The lords struck Elm on the
neck, a id he thru cenKcnied to become ling, and did so. The
qne^R ar d k-rds hid ull agreed, but afterwards some lords viihdrew
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127
their consent, and plotted together to rebel. The nit of tke (pilatt)
door, and female nat of the white umbrella slapped and nnficirliii
them. On this they were afraid, and submitted to thf gardener, mi
the country was prosperous and happy. Bearing this in mind, it is
not proper to rebel (resist) a person who has risen from a low to a
high station. If the original (luck) or stock of merit be great from
former good deeds, he may arrive at high estate. So remembering
what hq>pened in the time the holy god Way-tha-boo jodfci^ Cead^
era of the law, lords and kings^ may decide. Tbus the lord Tatbty
called Menoo said.
KHD OF TU rOVBTH fOhVUt.
OJ<V
(ig^oSGdQoSG2cx>oc2@<c^§S^osea>oid^o^§6[)cig8i ood)s ceo§
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LAWS OF MENOO.
THE nrra yolumk op tbk
CaiEAT WORK OF MENOO.
f warship the god who is worthy ofaUhomofe^ whppos^^s^ op Mtficf-
tive knowledge of good.
I will lay doim the law contained in the fifth Tolame.
1. The law of murder.
2. The law for decision, when one of one class assaults one of
another with a club, after enquiry as to the higher or lower claM.
3. The law regarding being present, standing round a persoa com-
mitting an assault.
4. The law when a master beats his slave, so that he dies.
5. The law when a husband and wife, a son and danghlery or re-
lations, assault each other.
6. The law when it is proper or not, to put to death a Rabaa, or
Bramin, a child, a woman, or a mad person.
7. The law when a mad person, a drunken person, an idiot, beiof
extremely ill, and a person saying, "they will die to-day," shaU kiS
him.
8. The law regarding the killing of elephants, camels, hones,
buffaloes, oxen, or large brutes.
9. The law when a woman with child is laid hands on.
10. The law regarding restitution for oxen, buffaloes, elephants
and horses killed, by fixing the price of a young calf, a foal, or young
elephant just born.
11. The seven kinds of wives, and the duty of a husband and
wife towards each other.
12. The law when a wife ought to accommodate herself to her
husband's habits.
13. A story of the companion of husband's wives and children.
14. The law when a husband having gone on a trading trip, his
wife took a husband before his return.
15. The law when a wife becomes a slave before his return.
16. The law when a husband, going to acquire knowledge, leaves
subsistence for his wife for a specified time.
17. The law when a husband and wife, having no affectioii ibr
each other, separate.
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129
18. The law when a husband or wife having leprosy, or being
mad, diseased, or unclean, when the sound one may put the dbeift^
ed one away.
19. The law when two brothers lire together, one goes on a trt'
ding expedition, and the other in the house takes possession of his
wife.
20. The law when if the hu3b:;nd'8 habits are ffood, the wife
should accommodate or follow them; when the wife's habits are
good, the husband should follow her example.
21. The law when the wife makes religious offerings withoat the
knowledge of her husband, when the husband makes religions offer*
ings without the knowledge of the wife.
22. The law when the five members of a husband and wife being
compared, the decision was given by the length or shortness of the
fore-fiinger.
23. The law when a younger sister was raised to high rank, and
her elder sister acted improperly towards her.
24. The three wavs in which a man and woman become husband
and wife.
This is the list of the twenty-four laws contained in the fiflbvolome.
I St. The law of murder.
The law of putting to death is this: (Here follows a short Pali
sentence, the meaning of which is given in Burman as follows :) Oh
king! because it is thus said, that from any man who has killed
another with a sword, spear, bow and arrow, or any other instrtt*
ment, it is proper to demand restitution in an increased nnmber of
men ; it is not proper to put him to death. What is the comparison?
— it is this, — any dog that shall have bitten a man's foot, as it is not
proper for that man to bite the foot of the dog, so it is not proper to
put a man who has killed another to death in return ; and a king
who in this docs not put a murderer to death, will be praised by the
gods and all good men, and supported and adhered to by them^;
and all evil nats whr> have no respect for the laws, shall keep at a
distance from them : and the country of such a king shall be called
an excellent country ; and the inhabitants will be prosperous and
happy : for this reason, all the inhabitants of the country, the gold,
silver, cems, elephants, horses, buffaloes, oxen, paddy, rice, water,
and whatever property is said to be the property of the king who
has authority over the land and water ; — and from this it is said
cvithout cause, it ouuht not' to be taken from them by force. If say-
ing, " I have authority," it shall be taken, his fortune shall be ]es«
both in this life and to all eternity. And in the kingdoms of tliose
kings w^^i do not put to deith such degraded (bad) men, the rtins
3n co&}^ uusot |S ccuocSogS oxcootJSeosocS 2^91 ^tfOI«
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130
are equal, and all grain planted in such rain.% in one day all at
grows most floiirisliingly ; and this grain is perfect in flavour, ph
to the palate. In the country of kings who are not just, grain pli
ed in the same day at the same tinie, some ripens, some becomes
nearly ripe ; and for this reason, bribes must not be taken, nor tm^
lence be had recourse to ; but the advantage of the people of the coun-
try must be advanced by means of the laws. If by unlawful and %k>-
lent means, the duties and taxes, or bribes, be taken, the lords, ser-
vants and judges of such a king will, following his example, bj Tiolent
distress, oppress each other, and when they do this, the king falls into
one of the six sins ; all the bad nats are on the watch about him, and
the good nats keep at a distance. For this reason, kings, who do not
avoid bad deeds, are like a ship which sinks at sea in a storm, with
much goods and the merchant ; in the same way they fall intohdl. In
former times, before the god (Gaudama) appeared, a most wicked
young Bramin killed his wife, and at the time of the murder his fidUow
Bramins consulted together and agreed on that this young Bramin had
committed a crime no one else had committed, and what they shoold
do with him ; so they having sha\ed his head and turned him oot of
society, they caused him to be called ** Tsandala,*' and from that the
Tsandala class became a distinct one for the most wicked, incorrigi-
ble Bramins. Thus as these excellent Bramins who had a respect
for themselves, did not kill this wicked young Bramin, as thej tnm-
ed him off from communication with his class. Taking these Bra-
mins for an example, and considering the condition of the oifender
in this world, and relations with the next life, king, lords, governors,
judges, and good men, who have a respect for themselves, when by
a slap, a kick, a blow, a push, or a tear, much violence has been used
and a party killed, shall consider whether compensation* shall or
shall not be demanded. In the '* we-nee," (Boodhist scriptures,) it
is laid down, as it is a most difficult subject (or a most heavy oflfence,)
* OOOOr3So3COZl6 ''^'^ relates m thu wrrrtl law in ihe Wenee. where it ianki UMtreare §amr
u rriiii':s wi h*'iiimH in a prifsi, th.it nioii ran in flirt no adequate panUuBMit.
Til'-.-'*' am ron:%*><|ii«nily •»>!>' ui Ite ttirikfii (»ui of the prifnih'MMl. and left, m the wicce— Ion ofpnn-
wh'iHiiti whi<-*i inti:<, nnMrii!l]r fallow thr-n!<rli many a!ri-««if ch.inee, fnvnoned«craded«laUdf«s*
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>- hiiastin; of luviniE (ilttametl Zain-infL-'DiOiie are called -jlopSoOCCOfolf* The tenira
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131
a priest who should make com|>en8ation, nothing shall be doiit.(lir
him.) Amongst men, as murder depends on the witness, (the aoesK
er) should name his witnesses. HsTing obtained the witnesses, Ihr
proper restitution shall be caused to be made. If the parties be if
the degraded class, let the compensation be in proportion. If mpei^
son of the degraded class, with sword, spear, mallet, or stick, JbA
strike a respectable man so that he die, the amount of conipe— tkwi
to be paid by him shall be sefenty men. If he does not d»e at the
time, but if from the day of the assault he shall be bed-ridden, or
cannot leaTO his house to any distance, or if he cannot eat his fbod,
and shall ultimately die, the amount of compensation shall be tbirty*
five men. If after the assault the sufferer shall be able to go to tbe
landing place of the tillage, the bazar, about the house to adiitiBee,
and die after a month or year, there should be no coi
Oh excellent king 1 if any man shall assault another, and hii
nions shall not lay hands on the assaulted person, but shall
age the committer of the assault by words to commit it, «r bftfing
oonsulted shall come together, let the person who actnaDy oon-
mitted the assault make compensation to the amount of thirty tickab
of silver, and those that stood round and encouraged him, pay fifteen
iickals each; ten tickals of silver is also laid down. If tbey did not
take any part in the assault, but were merely there as the friends and
companions of the person committing the assault, let them pi^ ftte
tickals of good silver.
^. The law far deciding when one of one class assaults oiuofeumik'
er with a club, after enquiry as to the higher or lower dau*
Oh king 1 amongst men, as there are the higher and lower claMes,
a higher and lower price (in compensation) has been fixed ; if a mm,
the price of whose body is thirty tickals, shall be killed by stroke or
stick, let three hundred tickals be paid in compensation, and if a
man worth fifty tickals be killed, five hundred shall be paid. If a
man worth one hundred tickals shall be killed, let one thousand be
paid. This is when one man kills another. But if a number of
persons are concerned in killing one man, let each of those impli-
cated (whose hand reached him,) make compensation in proportion
to the price of his body.
3r(f. The law regarding standing round a person coamitting on
assault.
All those who are implicated in standing round and encouraging tbe
assault, pay one half of the same amount ; and those who do not aid
and «abet by encouraging the active parties, but who are present aa
their friends, pay five tickals each ; but this is not to ^o further than
where those who are to make restitution amount to sixty or aerenty
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132
people. If there be beyond this number, and amount to one hun-
dred or one thousand, let one, according to the class of the deceMk
ed, make compensation as above, and all the others, let them aaffer
heavy criminal punishment. It is also laid down that each man ahall
pay thirty, fifteen, and five tickals. This is a matter for considera-
tion.
4M. The law when a master beats his slave, so thai ^e dies.
Oh king! amongst men, if a master in causing an unredeemable
slave to work, beat, or stab, or cut him with sword or other instru-
ment, a stick, so that he die, being a hereditary slave, there shall be
nothing paid in compensation ; but let the master be punished crimi-
nally. This is because he is not the lord, ruler, the owner of the
sword, the lord of life. Nevertheless, it is said that if the sword or
other instrument, the stick, was not such a thing as onght to have
caused death, if the slave was doing wrong, and the master correct-
ed him with a switch, the palm of bis hand, his elbow, the Ught of
a rope, and he died, it will not amount to a wilful manslaughter; he
shall be free from the criminal punishment. This is said of aa un-
redeemable slave, who does not belong to any of the royal establish-
ments.* If he be of any of these, but a hereditary (redeemable)
slave, and he die under such correction, let the compemttioa lor
killing a man, and the amount for which the deceased was boud, be
calculated, and the lesser be deducted from the larger amoont^ and
as the deceased may be of the three hundred class, the five hundred
class, or the one thousand tickal class, let the balance be paid- by the
party by whom it is due ; the master shall not plead that the deceased
was his property, his own slave.
5th, The law when a husband , a wife, a son and daughter^ or
relations, assault each other.
Oh king ! if any husband and wife, son and daughter, brothers and
sisters, shall assault each other, so that they die, and the sarvivor had
no wish to kill the deceased, he ought not to make compensation, or
to be punished criminally. Whj is this? — because (these relations)
have no wish to kill each other. Within the seven degrees of re-
lationship^ that is, placing one's self in the middle and taking three
in the ascending and three in the descending line, by an unfortu-
nate blow one shall be killed, let the inflictor of the blow bear the
funeral expenses, and let him support the parents, wife, childrent
and those who lived with him (deceased) for life ; and if there be
any debts lefl unpaid, let him pay them ; let him not be subject to
criminal punishment. But if it be not thus, but one reflecting, that
another comes within seven degrees of relationship, there is no com-
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133
penMtion to be paid, and he has no debts, and ahall with a nvoid,
spear, or muiket, or olber instrument, or bj poison, or bj tnf other
means cause bis death, let bim be free of (he fine in compensatiaa ;
let bim support the family as laid down nbore, and let him be •em^
\j pnaished criminally. If he do not die, but shall be termij, w
triflingly ill, let him support and procure him medical ittaodaaea
till he recover ; but if, though he do not die, he be unable to work, or
be blinded, or hu a limb broken, let bim proride for bim that he
shall not be in want for his whole life, and at his death let him pay
the funeral expenses. As regards near relations wishing to reeorer
compensation, as in the religious story of the Golden Hcbm, where
relations eU each others' fiesh and came to destruction, it is dearly
stated, if relations take compensation, because it is called Mting,
receiring the blood and flesh, it is improper to take compauatioQ, ii
is said.
0th. 7Tu Uno wAm it is proper or not, to put to detak a Raitm, a
Bramin, a child, a leomtm, or « madpersv*.
Oh king I it is not proper to kUI a Rahan, a Bramin, a child Bot
of age to be responsible to the laws, a woman, a mad peraoD, or an
old person. The person who does kill them sbali be made to pay
compensation according lo their class, it is said. If it be dnriii^ tiM
time of war, when one takes the properly of another, or his life, (the
above description of persons) be cut or stabbed, robbed or kiUad,
there is no fault ; let the actor hare the right. In another case; if
it be said the abore people, or sick person, had a sword, or ipear, or
bow in his hand, it is not said that these people, if they are on the
side of the person killing or pillaging them, may be killed or pil-
laged, but if they be of those who hare joined a rebel par^, they
shall not be armed with bow, sword or spear, and if so amied and
they are killed, there is no fault. If they be people of the enemiei'
party, considering what is said in the story in the zat of Hahan-
ihata, Soolanee Bymadat, and Kaywoot, the Bramin minister, it is •
said there is no fault.*
7/,^. T^e ImB when a mad or a drunken person, or an idiot, isuv tx-
trantly ill, and a person saying " they will die to-day," tkeShU
them.
If any man be mad, drunk, or an idiot, or extremely ill, and thoogb
a physician or an astrologer shall ray he wilt die this day, and aa-
other person shall on the strength of this kill bim, let the persoa who
hilled him make compensation according to increase proper for Us
class.
• In Uh Mmlaiiaaa at k !• bM. ta mr bw««i HhUIU wd PmIhIhi,
. j.v. M-i^ j,,;^ ,^ KwwiW, Uh Bnmki^Uia P.O— '
H kta(, oIM In iQVih BiKlnm.~-Traiilmr.
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134
8th. The law as regards killitig elephants, horses, cameh, hmfrn*
lots, oxtn, or those large brutes.
O king ! if a man from enmity to the owner shall kill any elephant,
horse, camel, buffalo, ox, or any other large animal, let him make
restitution in the same way as for theft, according to the class of the
animal. If from the same cause he kill a small animal, fer each let
him restore twenty fold.
9th. The law when a woman with child is laid hand$ on.
O king ! if in laying hold of a pregnant woman on any aeeoont, a
miscarriage shall be caused, if it be in the first month, one tickal;
the second, two tickals ; third, three tickals; fourth, four tickals;
fiflh, five tickals ; sixth, six tickals; seventh, seven tickals; eighth,
eight tickals ; ninth, nine tickals ; and the tenth month the price is
thirty tickals ; and because these values are laid down, it is said a
pregnant woman shall not be laid hands on, pulled about or beaten.
If the woman also die, according to the month of her pre^ancy, let
the price be calculated, and let this, with thirty tickals, the price of
the dead mother, be paid in compensation. If the child be born,
(near full time) it being valued at thirty tickals, let sixty tickab be
paid in compensation. This is said when hands are laid on ber on
account of debt. But if she was not in debt, and was laid hands on
in anger, though there was no intention to cause her death, or if she
was slapped with the open hand, or struck with a switch, and she die,
let restitution in the value of the number of men according to lier
class, be made.
lOM. The law of restitution for oxen, buffaloes, elephants, horses,
killed, by fixing the price of a young calf, a foal, a youn^ eiepkant
just born.
O king ! the price of a calf just born is two mats, (half a tickal ;) a
buffalo just born, one tickal ; a horse just born, five tickals ; an ele-
phant just born, fifty tickals; and if any of these animals are beat
and killed, the above is the price which shall be paid in compensa-
tion whilst the animal continues under the breast of its mother, be*
fore it has left off sucking. Though this is said if the marks and signs
are good in proportion to these. Though it is thus said, it is a matter
for consideration. All animals are afraid of poison and of death ; for
this reason, judging by yourself, it is wrong to kill other animals, the
most excellent god hath said. Thus Menoo, the lord reclose, sai4.
The end of the law of assault.
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135
I Uh. T%e seven kinds of wives, and the duty of a husboHd ami
wife towards each other.
O king ! (here is a line and a half of Pali,) because it is Urns said,
there are seven rules for the conduct of a man and wife towards each
other, and the seven kinds of wives are these : — a wife like a mo-
ther — a wife like a slave — a wife like a sister — a wife like a friend — a
wife like a master — a wife like a thief — a wife like an enemy ; — ^tliese
are the seven kinds of wives.
A wife Hke a mother.
Of these seven wives, as regards a wife like a mother. A ooUier
instructs her son in the best way. She knows when he ii hungry,
and that he may eat puts before him the best food in the kindest
way, and dresses him becomingly, seeing that his clothes are not old
or dirty, and keeps him in mind of his work and his duty : and a
wife who acts in this way is said to be a wife like a mother.
A wife like a sister.
Of a wife like a sister it is thus said : — though husband and wife,
from (modesty) shame, she will say no bad (indelicate) word, will noC
laugh or smile, she takes care that her clothes are not in any way dis-
arranged ; she takes care also to consider as to his food, and whml
she ought to do and does it, and when they go to bed, she ministers
to his desires in the most suitable and pleasant way. Such a wo-
man as this is said to be ** a wife like a sister.''
A wife like a good friend.
Of a wife like a good friend, it is thus said :-^as friends consolt
each other regarding their mutual profit and happiness, and assist
each other, she having consulted her husband, lends her assistance
and looks on and behaves to her husband's relations as her own, and
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136
t
does not dispute his authority ; and^f he goes to the chief's ImmmT
or other place, she waits till his return ; eats not her meal till tUm
eats it in company with him. Such a wife as this is called *^ a Wife
like a friend."
A wife like- a master.
Of a wife like a master, it is thus said : — when the hiisl>and goes
abroad, far or near, she does not wait for his return to eat, nor does
she keep food for him, nor does she know any thing of his clothes^
only she herself having had a good meal first, knows nothing aboat
the affairs of her house, but goes to sleep, and when her husband
returns, she thinks nothing about her domestic afikirs, hUt laxilj
sleeps; and if he admonish or advise her, she replies as a master
abusing his slave, his father and mother not escaping, and using
shameful and threatening language, as " ha! yoo sonr of a sisfe 1 yon
son of a degraded person ! are you a fit person to speak to met I
want not your food nor drink ! If I wish to sleep, I will do sol Do I
eat what belongs to your degraded slaves of parents? Slave! thief!
shameless ! Why do I take any notice of you !" Thus, as a master
abuses his slave, a wife, who abuses father and mother, is said to btf
*' a wife like a master."
A wife like an enemy.
Of a wife like an enemy, it is thus said : — her husband trusting to
her, gives all his property to her keeping, and lives with her; hot
she, when her husband's back is turned, having taken a paraudar,
behaves disrespectfully, puts no guard on her lips or her heart, (and
gives way to bad) habits; and if the husband admonish her, she,
plotting his death, when there is no fault, she excites one ; such a
wife is said to be " a wife like an enemy."
A wife like a thief
Of a wife like a thief, it is thus said : — her husband, trusting her,
gives to her keeping his property, gold and silver; but her habit is
to give it to her relations, or to others ehe may wish to give it to, and
without the knowledge of her husband gives away or expends it; she
knows nothing of his food or clothes, nor of the proper duty of all
women, the preparing cotton and her loom ; but is in the habit of
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137
idly going about other people's houses, and knows not who
what is in her own house ; such a wife is said to be " like a tl
A wife like a slave,
or a wife like a slave, it is thus said: — she puts and kec}
husband's clothes in the best condition for him to wear, and I
ordered and cooked the best of food that is fit for him to eat, \
who fears her master, she puts it before him ; when he comes
she receives him in the most respectful manner, seated with hi
beneath her and her hands joined, and gives him water to wa
feet, to bathe, and to drink ; and if, in matters of domestic ecc
he is angry and finds fault, she makes no reply, and being very
afraid, will not in the presence of her husband say one eroM i
nor will she dare to eat or drink before be has done so, hot aft
has finished eating, collects what he has led and eats thai ;-
such a wife is said to be *' a wife like a slave.*'
Amongst these seven kinds of wives, the wife like a mothei
wife like a sister, the wife like a friend, and the wife like a t
ought not to be put away by any man, but should be lived with fo
The wife like a master, the wife like an enemy, the wife like a
these three, even if they have borne ten children, may be put i
they need not be lived with for one day ; and of the seven, the
like a slave, if she pray to be a man in the next life, will not be c
pointed ; her prayer will be fulfilled, and before others she will o
nickban. Thus the gods Pittsay Ka Baudah, have praised I
Thus the Yethay, called Menoo, said.
12^A. The law tphen a wife ought to accommodate herself to I
husband^ s habits.
Any woman may have six faults. These six faults are: — drin
intoxicating liquors — keeping bad company — paying no attenti<
her husband'^ requests, who disputes his wishes^ — eating befon
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138
hflsband is satisfied — having unlawful habits, keeping a pailUBoilr««*
gadding about from one house to another, — these are the six faults^
and a woman being free from them, should in the most proper waf
minister to her husband. Few women are satisfied with one his^
band, nor are they careful of the (honor) of their family. When o«t
of sight, they do not consider what is good and what is bad ; their de*
sires are changeable and unfixed ; they have all a desire fior ill thty
see. With women who hare these bad habits, a man shoold be much
on his guard, and advise them that they should not associate with
improper people, nor do any (improper) unlawful acts, nor have a
paramour, nor gad about to other peoples' houses, nor use iapropeir
language. Thus if a man who is wise and capable of loAeetaon,
shall correct his wife, she will not dispute his authority, hot will be*
have herself with the greatest propriety ; and as they follow tbt advice
of a husband, if is proper that he should advise or correct them. It
is not proper to give women their own way. 'Thus the lord reclose^
called Menoo, the son of the king of Bymahs, said.
VUh. A story of the comparison of husbands^ wives ^ and eUUrm.
Women are like the earth, and men are like rain, and by Uie earth
and rain trees and fruit and suCh like are produced. Trees and
fruit are like children ; and when man and woman, like the earth
and rain, are suited to each other only, are children produced. A
good woman is one who corrects and assists her children akid slaves,
and provides for her husband the best food and clothes ; who pvts m
order his bed and the place he stays in ; who provides for him the
best perfumes, flowers, betel, tea, and things of that kind; who ha
no thoughts of other men, and who takes the greatest care of whst
is acquired by her husband ; who rises before him, and who, after h€
has gone to rest, puts (the house) to rights before she sleeps; who
considers each day what will be her proper work, takes hb ordersi
who disputes not his authority, who complies with his wishes, who
5peaks in the mildest and most endearing language, who provides
for warmth and coolness. In this way all women shoold in the most
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139
proper way miui&ter to their husbands, and vomen who fa
practise this, fulfil their duty to their husbands. Thus th*
cluse called Menoo said.
\4th. The law tchen a husband having gone om a trading i
wife takes another husband before his return.
Oh kin^ ! a married man having gone to a different dist
ding, should leave fufliciency for his wife's subsistence ; haf
so, if his wife, before the expiration of eight years, shall tak<
husband, let the husband take away all her property, an
aell her ; and if there be any debts, let her bear them all.
band does not leave subsistence for his wife, and shall b
(Sight years trading, and she really has not enough for necea
and clothes, and she publicly incur debts for her subsisten*
the husband arrives, let him pay them ; he shall not say 1i
know of their being contracted. If the creditor ^hall hav
tion with her, let the husband ha?e the fine for stealing a wi
con.) and let him pay the debt, calculating principal and ii
l!>th. The law when the wife becomes a slave before his i
A wife, who not having wherewithal to buy food or clot
sell herself or children as slaves before her husband's retnr
have the right to do so, and on her husband's return let hii
them. If she has no children nor any thing to pledge or
shall incur a debt, and if she shall give over her person for
and her master shall have connection with her as his wi
her husband shall wish to have her back, let him redeem
she will not be redeemed, but says she prefers to live with
^or, let her give the price of her body to her former bust
let there be no fine for seduction of a wife.
MUh. The law when a husband going to acquire knowled^
:iubsistenre for his wife for a specified time.
A husband going trading, or in search of knowledge,
able to leave for his wife any subsistence, she ought to liv
spectly, and work for her subsistence, and the husband sh
in three years from the distant city, send her a letter, with i
for her food and clothes. Though he be not able to send
him send what is suitable (with his condition.) If in threi
doefi send things and write, and his wife take another hus
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140
shall not hare the right to do so ; and if the person, knowing her
a wifj, shall co-habit with her, let him pay the fine for aedactioi
wife, and let her also pay the price of her body. This is said ^
the person co-habiting with her is not her creditor. When a
band has gone trading or in search of knowledge, the wife shall
eight years beftire she takes another husband. If the hosbanc
his place of residence is a distant city, has taken another wife,
his first wife hears of it, at the third year if she takes a husband
has a right to do so. This is said when no letter or present has
received. If from the husband so gone trading or in searoh of k
ledge, letters shall arrive within the three years, although it be
that he has taken a wife, his first wife shall not take another hash
if she does she will not be held free of fault ; she loses the price o
body ; and if it is true that the man who takes her knows that she
another's wife, let him pay the fine for seduction of a wife. Wj
thist — because, if a man has ten wives, there is no fault, bseaos
sent letters and presents to his first wife. In another case ; tlie I
having drafted (a man,) he goes to the wars, it being the bus!
of the country, and he cannot leave subsistence for his wife,
goes where his lord sends him, if it be to the wars (she) Bmi
till the general or tat-mhoo returns ; if the wife before their re
shall take another husband, let the first husband have accordin
the fault. This holds good, no matter how many years or mc
may elapse before the general or head of that division retoms^
the lord's business ; when the general has returned, if he has
the husband at an (out) post, she must send him subsistance
letters, and wait for full eight years ; afler eight years have ezp
if he does not arrive, let her have a right to take another husbai
17 th. The law when a husband and wifty having no afftcHom
each other ^ separate.
Any husband and wife living together, if the husband, sa
he does not wish her for a wife, shall have left the house, ani
three years shall not have given her one leaf of vegetables, or one f
of firewood, at the expiration of three years, let each have the i
to take another wife and husband. If the wife not having aflfec
for the husband, shall leave (the house) where they were livin(
gether, and if during one year he does not give her one leaf of ve^
bles, or one stick of firewood, let each have the right of taking
ther husband and wife ; they shall not claim each other as husl
and wife ; let them have the right to separate and marry aj
If when the husband leaves the house, the wife shall take ano
within the three years, or when the wife has lefl the house, and wi
one year the husband shall take another wife,— of the properl
both, what was brought at marriage and that which belongs to b
having eouoted one, two, and weighed by tickals, let til the prop
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141
l»e (leinanded and taken from the person who failed in his or her duiv
as husband or wife, hy the other wlio iiiis become the lord of it; anil
if (the person in fanlt) conies to tlie house of the other, (the person
not in fault) may mrn (the otiur) (Jut, but not accuse (each other)
of taking a peranjour, « r seducinjr husband or wife. Thus the sou
of the king of Byinnhs called Menoo Suid. If a husband who has a
wife becomes a Kuh:in, yhe mus^t wait seven days ; if after seven
days the Rahan shuil rtturn to tlic world, he shall not claiui her as
his wife: let the wile ii:ive a right U> take a husband.
18/ A. !%• hnr trhni a hu$han(l or t. fr having leprosy^ being mad,
disca^fdf or vnclici^ t'h soun'J one r.iay ^ut airay the diseased one.
Oh king! if a hu.sbmd and wife have come together, and the wife
has not property, hut the hujsband has, and this is known to manv,
and if the husband gees mad, or becomes a leper, or a lunatic^or \\\>
legs or arms are broken, <>r his body emaciated and enfeebled, or he
becomes blind, or he is a gluttcju or drunkard : his wife should support
him properly. If she do not siippori and attend to him, and take
another luisbaml, iht; ki:i;i of the Cv^untry sliould punish that womtn,
and the rilaticns and kludrril of the husband, having consulted to-
gether, should brinish her to another district. If both had properly
at the time of marri:.i;e, the rule is the same; and if when it is
thus proper to atteifd . iid siipj>ort a husband, (they being a couple
who have not been married before,) the wife acts as above, as has
been already laid down, (iliey) may banish her. If the husband
had no property at marriage, and the wite liad, and the husband be
diseased as above, the wife .shall not put him away : the husband is
the Inrd of tlie wife; let her be judged according to her fault. If
this be not the slate of the case, but the husband is a drunkard, a
gamble r, a belter on cock or goat fights, and a seducer, and will
not be ad\ised, and has tliree times in presence of scientific and
moral g(M»d men, made a written engagement openly end before wit-
nesses, (to forego these pract'ces,) and if he ^till rontinnc the same,
let the wife have a right to put him awav and separate from him. Let
him have half the properly. If the \\\U\ lie a leper, or mad, asth-
matic, have her arms or lec^s broken, is !)lind, or emaciated and
enfeebled, let the Inisband minister to her in the most proper man-
ner: he has a right to cea.sf* conni'Mal connection with her. He
shall have no right to put !ier away with her property. H he takes
a lesser wife, he lias a rigiit to do s ». If he negjfxts his first wife and
does not take care of her, minister to, and support her, one half of
all he possesses be taken and given to her relations, if he will not
give up the property nor support her, let him be severely punished
criminally. On the precedent of the ca.se of Ampoola, the Rahan,
this uKiy be decided so: and the property may also be taken from
him. Thus the lord recluse called iMenoo said.
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141
l>c demanded and taken from the person who failed in his or he
as husband or wile, In ihe other who has become the lord of ii
if (the person in fault) comes to the liouse of the other, (thef
not in fault) may turn (the other) out, but not accuse (each <
of taking a peramour, it seducin<r husband or wife. Thus il
of the kinjT of Bvinahs called Menoo said. If a husband who
wife becomes a Kahrin, she must wail seven days ; if after
days the Rahan shall return to the world, he shall not claim h
his wife : let the wife liuve a right to take a husband.
18/A. 2'hc lair when a husband or wife having leprosy, being
diseased, or unelean, the sound one may put away the disease*
Oh king! if a husband and wife have come together, and the
has not properly, but the husband has, and this is known to n
and if the husband goes mad, or becomes a leper, or a lunatic, c
legs or arms are broken, or his body emaciated and enfeebled, <
becomes blind, or he is a glutton or drunkard ; his wife should mi]
him properly. If she do not support and attend to him, and
another h;isl)an(l, the kiiipr of the country i?liould punish that wo
and the relatiojis and kindreJ of the husband, having consolte
gether, should banish lier to another district. If both had pro
at the time of marri.;i,'e, the rule is the same; and if when
thus proper to atleifd ;iud support a husband, (they being a c<
who have not been married before,) the wife acts as aboTe, a
been already laid down, (they) may banish her. If the hus
had no property at marriuge, and the wife had, and the husbai
diseased as above, the wife shall not put him away ; the husbai
the lord of the wife ; let her be judged according to her fault
this be not the slate of the case, but the husband is a drnnkai
gambler, a better on cock or goat fights, and a seducer, and
not be advised, and has tiirce times in presence of scientific
moral good men, made a written engagement openly end before
nesses, (to forego these practicos,) and if he still continue the s;
let the wife have a right to put him away and separate from him.
him have half the property. If the >\ife be a leper, or mad, 3
malic, have her arms or legs broken, is blind, or emaciated
enfeebled, let the husband minister to her in the most proper 1
ner: he has a right to cense connubial connection with her.
shall have no right to j)ut her away with her property. If he ti
a lesser wife, he Iul*^ a right to do so. f f he neglects his first wife
does not take care of her, minister to, and support her, one hal
all he possesses be taken and given to her relations, if he will
give up the property nor support her, let him be severely punis
criminally. On the precedent of the case of A nipool a, the Ral
this may be decided so; and the property may aJso be taken f
him. Thus the lord recluse called Menoo sai^.
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142
I9th, T,he law when two brothers living together^ mu g9€M m tf
trading expedition^ and the other in the house takes posassim of
his wife.
A husband, going on a trading expedition, leaves his jonger
brother with his wife ; he must look on his brother's wife as his mo-
ther ; and if the younger brother goes to trade, the elder bvether
must look on his wife as his daughter-in-law. This is slid whea
they have the care of them, and live, eat and drink in the ssme
house. If the elder brother saying to himself " he has been gone
a long time," shall take his younger brother's wife, or the joaiiger
the wife of the elder, he shall support her. If the wife of the yoonger
brother be a slave with the elder, he ought not to hare connection
with her on the plea that she is his slave. If he does, it is eqnivslent
to a neglect of the (honor) of the family. He should be tomed oat
from all (communion) with them. It is not proper to take ssf
pensation. If the offended party has not gone trading, and l|e
thing happen, let the law be the same, because the offender did not
take care of his family, or of his own habits ; he shoald be bHMked.
Thus it is said.
In another case ; if though there be no restitution or fine, the
offender will not bear the punishment of being banished, lei tlie o^
fender, whether he be the younger or elder brother, be nuideto iMpd
at the outer door of the house clothed in a white dress, and let him
make a suitable present to the husband and wife — a golden cop with
a clean new cloth, and having seated himself at the foot of the steps
on the ground, and sprinkled himself with mud and ashes, ifter
placing himself on his knees, and holding up his joined hsnds,* let
his family and friends, be witnesses to his asking fntgiicnsss,
and after this, let him, having ascended the block the steps era fimd
in, making obeisance, beg pardon. After this, let him go up with-
in the shade of the house, and beg pardon ; and let him engage, if he
hereafter offends in the same way, that they may take possessisn of
his property, and again beg pardon. If he shall again offend and break
this engagement, let his property be taken accordingij. If he ihide
by his engagement, as, in accordance with the story of the goldii
hcnza, it is not pr<»per to take compensation, let him (the sofiercr)
watch over his family. If he do not, and take compensation, it may
be called eating the flesh and the blood (of his own family.) Re-
garding taking possession of his property according to engagement;
it is because he offends not once, but twice, that it may be taken.
This is because the offender would not venture to part from Us
relations and go to another district. If he will submit to go, his
goods are not to be taken ; by leaving the communion of his rcls-
tions, the matter is at an end.
• In the Tirov crnnr, both partiet •hall be prewnt ; the wtfc of the oSimder
A A correep luimf dmv.
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143
20M. The Urn ihai when the husbanePs habits are gQ0d, the mfe Amt!
accommodate herself to them, or follow his example ; when the wnfis
habits are good, the husband shall follow her example.
When the husband's habits are those of an exeelleot man, liie wife
should follow his example and adopt the same habits. If the wife's
habits are those of an excellent person, the husband should feUow her
example and adopt, the same habits. If the same habits are cortex
ponding, the goodness of the husband is the happiness of the wife,
and the goodness of the wife the happiness of the hatband ; far thb
reason, any such husband and wife are Faid to be people from the
country of the Nats and Bymahs, If the husband's habits ore good,
and the wife will not follow, or the wife's habits are good tod the hus-
band will not follow, the party whose habits are good may think the
one who will not follow a person from hell or the region of P^eilas.
2I5/. The law when the wife makes religious oferings mithmtt the
knowledge of her husband; and when the husband maket roSgimu
offerings without the knowledge of the wife.
If any husband and wife, are of equal birth and family, and if oa the
strength of this, the wife make religious offerings withool the hoe-
band's knowledge, she has no right to do so; and if she does so, the
adv&ntage (merit) which she ought to obtain, will not be moeh. Re-
ligious offerings should be made with the knowledge of the huabmdy
and if so made, she obtains the merit of love and respect far m hvs-
band, and that of her faith. If the husband makes religions oftrings
without the knowledge of his wife, or offerings of affection to other
people, he has a right to do so ; and the wife * also obtains merit. The
wife has no right to object to offerings of the husband, hot he may ob>
ject to those of the wife. This is because jjhe husband is the km of
the wife. It is a work of excellence when both equally, and with
faith, make religious offerings or gifls of affection. If neither party
habitually perform their religious duties, and are equally negiigml
in making religious offerings, they have come from the condition, in
a previous life, of a male and female brute; and they shall, at death,
go to hell, the condition of a Pyeita, an Athoorakay, or a brute, the
four states to be avoided. Thus the lord recluse called Menoosaid.
22d. The law when the Jive qualities of a husband and wife bein^
compared, the decision was given by the length or shortness of the
fore finger.
Oh king! in a husband and wife there are only five qualities; they
arc these : tallness and stoutness, colour, property, age, and familj.
In these five, (suppose) the age is the same ; the height and stoutness
are ihe same ; the colour, complexion, is the same ; the property the
• In the Tirof copj Um " wiA " i> not mM to ^•\ mtrH.
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144
same ; and the family the same. When these five qaaUties ave Ihe
same, I will relate a case in point. In the country of Yazakyo,
(Rajgiri,) there were two wealthy men who had each eigfatv cnret.
Their property, their families, their age, their height and size, and
complexion, were alike; their two wives were also alike; and ao
one knowing to whom to give the precedence, they made a pifftkp
that the one who excelled in one of these five qualities sboald take
precedence. On enquiry, they were foand the same, and wlieii tkay
measured the small and great toe, the thumb and little finger, Ihey
were also the same. In uieasurinff the fore fingers, one was longer
than the ether by one grain of paddy. On this, it was pffOMUteed
they were the same in ** trunk and leaf/' but being found dMfeient
in measuring the fore fingers, inasmuch as though in other fespeels
the same, one fore finger is longer than the other, let tke nuMi with
the longer take precedence. From this, when ** trunk and leaf" are
the same, by the length of the fore finger as a witness, the oae be-
comes the greater.* From this, judges having enquired kilp the fa-
mily, title, habits, repute, property, and appearance, may dedde which
is the greater, to whom the lesser should pay respect, their ftaiilies
and titles being the same. If the one be the elder, or one have more
religious habits, the learned judges having given due conaideratiQii,
shall decide that proper respect shall be paid to him.
23r6f. The law whtn a youngrr sister is raised to
her elder sister behaves improperly Umards kit.
In another case, when the elder brother or sister has nopropertji, and
no interest with, or rank from the king, if the younger sister is known
to the king, and is the person who has a title and does the dntj to the
king (or state,) (the elder) shall not eat from her betel case, nor drink
from her goglet, nor ought she to sit on an equality with her on the
place given her by the king. If she do so happen to eat betel or drink
water, and she, with anger towards her elder brother or sister, ahaB
break the goglet, her elder brother or sister shall not sne her on the
ground of improper behaviour. If they do, let them be non-enilad.
Why is this? — because, though she is the lesser, the king has raked
her to rank. If the younger sister, under similar circumstances, he
not a person on whom the king has conferred rank, there is no ftnlt
in the elder accidentally eating from her betel holder or drinking
from her goglet. Let the younger sister who broke it be non-enited.
If a younger brother or sister, who has been raised to rank and sta-
tion by the king, be not in the place given them by the king, and the
elder brother or sister eat or drink from the betel holder or goglat^
there is no fault. If beyond the degree of kindred, but M ae-
• Thit tenUDCC Is do! luttUifibl*.
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quaintances, and people who are of equal conditiun in life, If tbM wt
and drink out of each other's betel holder or gofflel, there is no nnh.
Ifthey he not<dd acquaintances, and of unequal conditioD in life, oae
uf a highor, one of a lower class, if (he lower persoa ahall ia u ■•-
!<en)bly or dramatic representation where people are c<4lected tofctln
er. cat from the betel holder or drink Irom the goglet <rf the higher,
he shall not be held free of fault ; and for the fanlt shall be pttnished.
As regards the punishment, it is strokes of a ralao, by onler of the
chief. Compensation bhall not be taken in lieu of thi> pnnial
I^ him (kadau) ask pardon, and ofiering parched corn and e
rice, and placing the palms of (he hands together, promise not to do so
in future, and make an offering, it does not require a large oae. Thnf
the son of the kingofBymahs.Menoo by name, the lord reclue, said.
'Htk. The three teays, in ithich a man and wmmoH beeamt jhaftawf
1. When the parents give (a couple to each other.) % When by
the instrumentality of a go-between, they by tntercomminKitioa,
become man and wife. 3. When they come together bf ■stall
consent. In these three, there are some men and some wobmd who
may be called brutes. When the woman's habits are those of agood,
respectable person, but the man, on the ground of her being Us wife,
though it be proper to enjoy connection with her in private like nenw,
does not attempt concealment, but, so that people may see him, with-
out fear or shame does the act, he is called a brute of a mio When
the man is modcsi, and perfect in the performance of his rdigiooa
duties, aud the woman does not act with respect towards him, nor take
him as her standard, and takes no care to avoid had acts and habita,
hut is in the habit of using bad language, and has no fear or ahaae,
and behaves with disrespect to her husband, such a woman ia called a
"brute of a woman;" and with such habits, if the one who has good
habits does not wish to remain with the other, but sara " I will sep^
rate," and though the other person who acts degradingly, ahonid f^
fuse to consent, let them have the right to separate. It is nt4 caly
when (he one has taken a paramour, or the other a lesser wife, or Met
violence towards the other, that there is the right to separata; and
though the person whose habits are had, should say he does not wish
tn separate, it shall be ccmsidered as a separation by mutnal coBsent;
and let all the property common to both be divided equally Urtwew
them, and let them have the right to separate. These three kindlof
husband and wife are a subdivision of the seven kinds. Thus the ioa
of the king of Bymahs, Menoo by name, the lord recluse, said.
HERE ENOB THE FIFTH VOLt'MB OF MBNpO KSAI.
(Here is a Pali sentence to the following effect;) Each letter of
which is like an image of Boodabj for this reason, men of science
ought to crfiy it.
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LAWS OF MENOO.
THE SIXTH VOLUME OF THE
GREAT WORK OF MENOO.
/ trorskip the god who is ttorthy of all homage ^ who possesses an iniui%
/iM knowledge of good
CONTENTS or THE SIXTH VOLUME.
I. The two laws by wliich men are governed,
'i The law when a man of vood family U insulted by a poor man
of low degree.
:l. The law for tine and compensation when a great maD is insulted.
4. The law defining who belongs to the royal family.
5. The law defining chiefs, ministers, or lords.
6. The law regarding the three classes of the royal famiij, the
three classes of lords, the poor, the mercantile, and the agricultaral
class.
7 The law when members of the royal family, of the lords, or of
liie wealthy class, seduce the wives of men of their own class.
K The law when a man's wife is seduced by a member of another
class.
9. The law regardincr the royal family, and lords, making compen-
iitioQ in standard gold.
10. The law for deciding which of the three kinds of stiver sh^ll
\ie paid in compensation.
II The law fixmg what quantity of molasses, copper, or silver, is
ooe Bo.
VZ. The law regarding men who are fit to be made judges.
13. The seven persons who ought not to be raised to that station.
vbo gne unjust decisions
14. The law as rc^ard^ those who have, and those who have not
nudied the Damathat.
13 The liw by which a young woman given m marriage by hrr
parents, not liking her husband, separates from him.
IG. The law when a young woman is given in marriage in the
ume way. and on the day of the marriage, the man to whocn she waa
;><i;;hted shall not remain with her, but go with another.
17. The law when a couple are attached to each other, and the
puents <'^f the womjin^ having accepted pre^eiit^, ^hall give her to
mother
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148
M. The law where a«uit lor seductiuu may bi* insututed on sus*
picioD from the improper conduct of the parties.
'.n The law when a man sf^duces awav the concubine of another.
•IH. The law when a person having committed a theft, and not be-
ing able to make compensation, becomes the slave of the person
robbed.
•19. The law when a man heiiig' unable to pay compensation for il-
licit connection with a woman, becomes a slave.
40. The law when a master has connection with the wife of his
alive
41. The law when u man hns criminal connection with a det^cen*
dant within the seventlwdej^rer of his flavr woman.
42. The law when a man has connection with the wife of his here-
ditary, irredeemable slave.
43. The law that children have a right to the property of their pa-
rents, parents of their children, wives of their husbands, husbands ot
tbeir wives, the teacher of the scholar, and the scholar of the teacher.
I st. The ttro laws bif which men are governed.
0 king ! amongst men there are two ways of settling disputes, by
Difflathat and Papathat. By Damathat, is when the tiecisions are
l^iided by the precedents recorded by kings, embryo goda, from the
beginning of time through the whole succession of worlds, in accord-
ukct with the following ei^ht laws, called Meggin,* of the sacred
book , Thama-di-ti, Thama-thin-ga-pau, Thama-wa-tsa, Thama-kam-
manta, Thama-azi-wau, Thama-wa-ya-ma, Thama-tha-dee, Tharoa-
tht-ma-dee, — this is called Damathat.
By Papathat, is when a chief merely from having the power, takes
property by force, give*; no consideration as to who ought to die, who
oQght not, who should be mutilated, who should not, who should
make restitution, who should not, who should be removed from their
nttiitions, who should not, but habitually gives decisions without
this, is called Papathat. Papathat should be avoided, and decisions
^iven in accordance with the Damathat.
1»d The law when a mtm of good family is insulted by a poor
man of low degree.
O kiQg ! if a man of good family, a man who ts reputed for his
good works, a governor of a province, a head of a village, a vrriter,
ihnd measurer, a superintendant of forcstr-, any man who is a chie*
• Tb* triAvM '>r. r/ Mrcui t " v*»j" ; •* of tk*- r.mAlclnr rifhi wDtdt. M fbllifWi, accord
iMf «V: — r^'hi («p4ij»ini. rif h: intvouoas, ruitt wortfj, rifli'. ocimm^ figtii W9f9 « PUP
U^ Ms^opirr. hcbtij dinect^ latdUfooce, tad ptvptr tMUm
«a»St^i££0^tO»<:^c5'ieo^t^tn£gSr^bOoooS'^ t^mic^pxBot
p ;^go5cijccr»Eic5f^o^|icg|ccq5g6o;<pii
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149
0r head, be abused by a {xtsoii of little repute, compensation shall be
made in proportion to the rank and qualities of the good roan.
Jlrrf. The Imt for fine and eompensafion irhen a qreat man is
insulted.
Compensation to a good man is (regulated) thus; a person who
%hould pay ten (to :m equal,) shall pay one hundred ; he who should
psy one hundred, shall pay one thousand; he who should pay one
lliousand, shall pay ten thousand; and he who should pay ten thou-
^nd, shall pay uno hundred thousand. This is what is due to the
food man when one is of small repute and the other great.
Ath. The law dffinin<^ who belongs to the royal family.
O king ! as regards the royal family — the king, queen, the royal
wos iDd brothers, and the Uppa-raja or heir-apparent, are the toj)-
mnet point, nothing is said of them; but exclusive of them, amongst
nthef people there are four who are entitled lo be styled of the royal
family. Those who can show their descent from, or connection with,
the family of former monarchs. Those who are well \ersed in the
hiitorj of t)io country, who are men of scientific attainments. Those
who are counsellors of the king and generals of his armies, and those
who are brave in battle, and are ac(|uaiiited with the di.^position of
tn army for battle. Tset-kays who can perform the business of the
coamry. These I'our descriptions of people may be styled of the ro-
vd rice.
.'j/A. The latr th fining chief, miuister.y, or lord?.
The class of lords i«« this, below the ministers already n(»tod ; the
head of a town, jailors, judges, the chief of the elephant department,
writers, thoocyees, governors, land measurer**, and superintendants
••ftirests : these may be styled the class of lords. Tlnre is another
n<>und of admission into this claivs ; thotte who have be<*n raised to
Mation by thf^ king, and have received titles from hifii, are included.
*Vik. The law ret*ardin" the three elasfrs of the royal familit, thr
three rlafsts of hrdi, the poor^ the merrnntile, and thr agricultu-
ral classes.
The wealthy class are those who ha^e been given the rank of th:i-
Uy by the king, those to whom he haa gtiren that of thoo-kyooay. tho^e
*ho ire possesaed of much properly, those who by commerce or agn-
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150
culture hare acquired much property, and those who have acquired
uealth by dealing in gold, silver, or gems. These five form the thjv-
tay class. Of the race of kings there are three divisions — the grcat^
ihe middling and the lesser. Of the class of (amats) lords, there are
the great, the middling, and the lesser; and of the class of thatay or
wealthy people, there arc also the great, the middling, and the lesser.
In separating the race of kings into three, one consists of the Lay-
yi-byoos^ Myo-tsas, Yooa-tsas, those who have obtained an umbrella,
chain of nobility, elephants, horses, useful utensils of the first rate, —
those whohave obtained the same, but smaller in amount, and of Iet<s
account than the first, and below these, those who have obtained
ibem of still smaller account and less amount.
As regards tl>e three classes of lords, one consists of those who
haie obtained umbrellas, chain of nobility, rank of Myo-tsa, or Lay-
yi-byoo, useful utensils, horses or elephants of the first rate. Those
who obtain the same things, but of smaller amount and less account,
and those w ho obtain them in still smaller amount and le<s account.
These are the three classes of lords.
As regards the three classes of thatays, the first consists of Myo-
Lias, Yooa-tsas, tht)so who have obtained a little place and useliil
utensils of the tir^t rale. Second, those who have not obtained useful
utensils to the same amount, of the same account, who have been
piTen the rank of thatay or tht)o-kyooay by the king; and third, those
who have l.ir^e fortiiiu's eipial to all their wmuIs. These are the
three classes ot' thatay*.
As regards the poor class, they are those who have no propert> ,
who are destitute. Amongst these destitute people, iiieii of the rovuJ
race, brainins, thatay^, shall be placed in the lowest grade of tin*
three divisi«»ns of their own cJass. Besides these, there aie also
three divi-ions ot the mercantile and agricultural classes. Amouirst
these, if the kiii'4 lias rjiven rank or cla^s to any one, they shall l>c
considerfMJ to belong to that.
Among'^t these separate and di«linct ranks and classes, those who
are the constant counsellors of the king, who hold riL'ht opinions, and
arc men of ^cleIIce, judgment, and forethought, shall lui he held on
an equalitv by those who may hold the same rank or tl«les, but \vi»o
are not taken into the daily or nightly councils t»f the kiiiij ifthev
do, they >l.all be judged by the two omens, namely, the deri'»ii n^ <ii'
former kin^s. embryo Bt>odahs, and decision** given in modern time-
in accordance with these precedents and the Damathat. In both
these, Damathat and Papathat are embraced, and in givinj; deci«iionv,
Fapathat should be shunned and Damathat followed. Thus the si>u
cf the king of Byraahs, named Menoo, thexecluse, said.
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151
O king ! men who should be made judges are those who are ac-
f]Uiinted with the Pitakat* and Bayden,t with former customs and
triditions, who habitually lay down the truth in assemblies (of tlie
people,) who can recollect what is said by others without forgetting
one word, who are sincere and honest. A man possessed of these
five qualities, be he priest, bramin, matay (chief priest) or lord, will
read in history old manners, customs, and traditions, (shall be made
judge.) Let them note with impartiality, all that the parties in the
salt have to say, notice their manner and bearing, and honeMly
decide.
Ith. The law when members of the royal family, lords, or the weal'
thy class f seduce the wives of others of the seune clais.
0 excellent king ! if a member of the wealthy class, of the class of
lords, or of the roval familv, shall seduce the wife of another man of
his own rlas»<, he nhall make reparation in proportion to the offence.
If the oflfcudor be of the royal family, a lord of a town, or the com-
mndcrof four hundred men, let five viss of gold be paid in compen-
sation, if the won^an be the wife of another of the same rank or class.
If ic be between lords who have obtained equal titles, umbrella, chain
'^•f nobility, and place, one viss and ten licknls shall be the amount
"f compmsntion. Thus iho recluse called Menoo, the son of the
kin; of Byniah!*, .said. If any lord, or man of station and repute.
*b*ll seduce the wife of another by artifice, even if the cla?»s be the
*^nje, if one be ofhicrlior title, his umbrella and tsalosy superior, and
1^ be one con-taritly cnlled to the council of the king, one not so sit-
uited shall not pi ace himself on an e(|uality on the ground of be-
'n;j of the saiiH' class : if he do so, and seduce his wife by deceit and
•rtifice, let him pay in compensation one viss and ten tickalsof gold.
0 kmjj ! as re^iards the seduction of the wife of one thatay by anoth-
^' by arufirr. let the rule be the same as amongst lords, let one vis.«*
tod ten tickals be paid in compensation.
y^th. The lair xrhcn a man's wife is seduced by a member of
another class.
If amongst those of diflferent and lower classes, one shall scduro
the wife of a man who is a member of the royal family, by artifir<*
ind deceit, let him pay in compensation five viss of gold. If the
vife of a man of the lower class be seduced by a member of the roy-
• iht^tt. Pall Pumf9u, « tkMkrt; xhf thf>« dtrMona of th« Boo^hbl M-nplur«v. Wmtr, TliAr
* TW Vcvlftt' thre* biigkji. Tluma, Yaiw, btioo , the fbttrth Aupui hu Iimii l^^c
35J
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132
il familj, let five tickals, seven, or ten be paid, as 10 proper accord-
ing to his class. If he be a member of the royal family, a lord, or a
ihatay, let the offonder pay according to the three classes they are
divided into. It is also laid down, it he cannot pay, let him become
t slave. If the parties be both of the royal family, both lords, or both
thatays, and one shall by artitice seduce the wife of the other, and
ihcy bo de*<cendcd from the same greal-grand-father, it is proper that
ihe oflfender shall ask pardon thus. Let the offender and his wile,
or his parents if he have no wife, put on while clothes and fresh flow-
ers in their head, and ^o on their knees at the foot of the steps of
the house, where mud and ashes have been spread, and having
made three obeisances, let them offer according to their circum-
Ainces a gold cup of hve or ten tickals, with patched paddy and
Mimed rice. Let the otfended party remain at the top of the steps,
ind the offender ascend the steps and repeat his offer, and again
when under the shade of the roof, let him re'peat his request to be
for|;iTen, and promise, (Rahans and respectable people adroonish-
mg him,) not to commit the offence again. If after this he does
rfpeit his otTence, let him be banished from intercommunication
wiih h»« relations. Tiiis is said wh«n amongst the royal family lords
or thaays, the parties are descended from a common great grand-
father If the |)arties he both bramins, it is not proper for themto re-
ceive compensation. I Tone brainin seduces the wife of another by de-
ceitful reprcsrritations, or uses ahusife language towards, or assaults
hira, a."* reijarcU the (peace) offering, let the offended party spread
mud and a««lies in the door-way of his house, and the offender make
in offering of an o\ of .Mesima, (the centre district of Bahar) Ceylon,
or Pitsandara* If the otVeiided party be a man of high rank, let him
hire a .Mesjrna : if a man of middling rank, a Ceylon ; and if of low
r»nk, a Pitsandar.i o\. The Mesima ox is valued at twenty tickals
of good silver, a ( Vvh)h o\ at ten, and a Titsundara at five tickals ; and
!^t bramins anion£r«t tluiiibtlves make offerings in the price of these
oipn Let the silver that is offered be made into one hundred flow-
er* hkc parclud padMy ; let one cup of gold, one of silver, and one of
pure copper calhti thatay, (be made by the offender,) and having put
them in proper order, and the silver Howers into them, let him make
the offerini; on his kner> three limes, and let the bramin, the lord of
the wife, arrepi the utfering in the most proper manner; and the ci-
ders in pre-^nicc" of the offended party and of the heads (of the assem-
bif ) shall admonish \hv o(Ten<ler not to repeat his offence, and it isf
prop^^r that he should make a vow according to the bramin form, to
that effect. Having done so, if he do not keep it, he may be degra-
ded to the tsandaia t>r dwoon-tsnndacla^s ; he shall not be allowed to
remain in the bramin caste. If a bramin shall 0educ« the wife of a
• PMMAdAxa, the U&d of nrt^ip, aU Om workl, Imt MlviiMdMlM lod Ctjion.
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153
number of the rojal family, of t man of the lords, or thatay, or of tiir
poor cliMjlet him beg pardon, and pay compensation according to
the class (of the offended ptrtjr.) If one of these three classes shali
ofiend against a bramin, if it be a degraded person of low class, let
him make compensation in one hundred of white silver. If he be a
thataj, let him pay iive fiss of good siWer. If a lord, let hiro pay one
hundred of good siker, and ifa member of the royal family, let him
pay two Tiss and a half of gold. This is in viss, but in the case of
the poor class, tickals are laid down.
9iL The law regarding ike rmfolfamlp and hrds making com-
pemaiiam in tiandard gold,
O excellent king J the gold in which members of the royal family
make restitution or pay compensation, shall be (tsan-shway) stan-
ted foM, one tickal of which is equal to ten viss of copper, the
Tsliie of one tiss of copper beinff one tickal of fine siWer without any
•Doy. The gold in which lor<b shall mAe compensation is gold of
the common kind, of which one tickal is equal to five viss of pure
copper. Commencing with the lesser lords, the classes below shall
make compensation in inferior gold, of which one tickal is equal in
▼alse to three viss of pure copper, one visa of pure copper being
tqul in valve to one tickal of whke silver on which the flower or
leaf is visible. This is the relative value of gold, silver, and copper,
u laid down in the Damathat by former kings, embryo Boodahs. It
if not said that gold shall actually be given, but its equivalent may be
paid in silver. This is what is said of the gold and silver to be paid
10 compensatioii.
lOih. Thi Umo for deciding which of the ikret kinds of silver shall
be paid in compensation,
O excellent king! of the three kinds of silver, (Meng tsan) purr
lilrer is equal in value to seventy-five times its weight in tin, and the
ine silver called dan is equal to five viss of tin. Of common silver,
one tickal is eeual to three visa of lead. This is the rate at which
talcnlaiion shall be made when compensation is to be paid in the in-
ferior netals.
litk. Tike law firing whai quantity of molasses, copper, or silver , is
one bo,
A bo of molasses is sixty viss, a bo ol land is ten pays, a pay is
a square of twenty tas a side, and a ta is seren average cubits, and
wheQ a bo-tsa is mentioned this is the bo meant. Sometimes a b4»
is sixty viss of copper, and in common circulation in a district, six
lickals of copper is also called a bo, and five tickals of copper it
ciUed • kbyiepg : two and • half tickals is called khyieog-Mi ay.
90
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rkf jc are iIkj weigbis detioled in t4ic DanKHbot, of gold, .sihcr^
:«Dd other metals, ivhen a khyieng, kjtt or bo is meatiaoed. Thus
tke ^age Teelsae called MeniM 4aid.
I2f A. The hat regardimg men ir%« ore flight madejndges*
O Haha Thamada, excellent liingl who lia^ domrajon ov^er the one
hundred and one races of jBea, wko mrt free from tlie «iiwty-«n di»-
raaei, who art the highest amoMgsi inea, a Naltof4fae Thanoodee* or-
<ler, mayst thou watch over and Urmiy estahlishthe ten lava (applica-
ble to kings. ) If kings do -not abide by the huvs^ the lords wM not ;
40^ if they do not, the people of the country will also disregard theni,
ind the cauntry i^tH go to ruin, if the kiqg watches over the law^
the lords do the same ; and if thej abide by and watch over the laws,
M)4o the peop^of the country, and in the time of tkift king, the
couatry being happj is the cause of the people obtatnuoig mchaa. O
lirett luAgl kings may do ;m equal araountof good and evil ; do tliou
fbUow and practise "gmid. O ^Jicellem king? there wctt ^ve descrip-
tions of men who are proper lobe aadejvd^ea, which areas follows: —
the king, who, abiding by the ten laws (Jor his guidance,) ^i^es his
^tedsions in accordance wil^i them*: the judge, who, abiding by the
Daiaihai, given his decisions so as to avoid incarring the paios of
heQ;t the jiifi^e ^ho decides like a blind nan who^Belshisway wKh
kts 5tair, and takes U»e %v<iy that is best; the j\idge who decides
^wee R the fianips impartially, like the iudeiL of a pair of scales;
titese five meu may be appointed judges.
MdL T'br srvrn ptrrpU irho xm^hl not ie hr rmtmi Jt f kitf slaiUm^
4tko gine. 4uy«5f derdsioms.
The %rvrn men who <«barikl niA be nrade judgt^ arve as fctDciws . —
•Itc man wKu drcidr.s m favcir of tlie party, who ought to liwc hm
*'au*e, brr :i\i.«w? he is of hig^i frmily ; — tlie man who takes hribe^, acid
♦Ifcide?* 4M favnr of the party who shonld lose;— <be man wliodr-
<\6t» in fa5<»r of the party who shimld lose, because he i^ his re-
!«hon; — th^ inaH uho, firom fear of death or oilier evil, decides in
faror iif the party who should iosc^, — the nwm who decides again?«^
(he party who -sliould gaiii ihecaat»e« because lie i«» his eneniy ,* — tiie
nan who decides h itlmut asceitaiiiiiig the facts tif the ea5»e ; — ^ihe
man who knon^^ the facts, but, because he has the power, decides
fthpely. Thew r^vtn men whose dectsions are induenoed by inch-
nation, enmity, frar, or folly, the king taking coniicil wilk bts
• Tb«rt ait U>r«^ <'r•Wr-^ f<1 uaib . WoUiniMi*, th^ rkiin, hr^ funn \^^ tUttuny-n *^\^ vm^mtnun ,
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155
ministers shall dismiss from their situations, and oblige them (a
return all expenses incurred for these decisions. Then will the
countrj be happy and flourishing. If the first five* shall not follow
the dictates of inclination, enmity, fear, or folly, but in their deci-
sions fi>Uow the old established road, and a suitor shall accuse one of
fbem (of injustice,) and on enquiry he shall be found to have
decided according to law, let the accusing suitor pay in compensa-
uoQ doable the amount of the original property.
litk. The law as regards those who have, and those who have not,
studied the Damaihai,
O excellent kins! the king of Benares had fallen asleep after
makiog a ?ow, in the same night he had the following dreams; — (he
•aw) a blind man led by his staff along the proper road by one who
eeald see. He again dreamed, and saw a blind man whose staff had
keea let go by the person who had been leading, and not knowing
east from west, or north from south, he could not go on his way. He
reiseted on these dreams, and told them to his teacher, the lord rc-
clsss, who interpreted them thus : — all men and Rahans, till their
paanonst are subdued, are like the blind man ; he who was led by
the one who could see, and, going the proper road, reached the
place he wished to go to, is emblematic of the man who understands
the Damathat, and decides in accordance with it; and he who wan
left by his )(uide, and did not know east from west, or north from
south, is emblematic of the man whogifes a decision without having
•tndied or understanding the case. The recluse having thus inter-
preted the dream, the king became alarmed, seeing that only deci-
«ioos given in accordance with precedent and the Damathat are juM,
(to be ordered) that the manner of deciding practised by the above .
mentioned seven judges should be avoided, and that of the five who
avoided the influence of desire, enmity, fear, and fdly, should be fol-
lowed ; and using his authority, he sent round the gong within and
beyood the city, and ordered the one hundred and one kings bearin;^
white umbrellas, all Rahans, and the inhabitants of the whole earth, to
eoalbrm to the above order. On that day the king of the Nats, in the
•ikeness of a Bramin, brought him a ruby fit to be used by kings, and
til other kings,{ and embryo deities ; and a Nat, brought a ruby thai
• Onmvncinr «tUi ihr kinf
* .%Su«aii m«ta^iwKantya fnim Awff*. • flfrram ibr fn«ir riirmau th-it hr«r rrraturr* awax .
<■— nfm. dmtin, Rftraiura, wtah U*t a cbanf* for Ihr better to the umxi euie of exmmnct, iMnmut*.
hrterndboi optoMJiM, Awrtaufa. fnllj.
: TVa brmmlnfl my iV fnur (Wgrvra aC power tltAJnable by the kinr* nf ihb wnrM . arv MaihLii
•W«ae «ni«7 r««rhr« ovrr the wknle of the fh«r CH««l UUivii mnA ap Ui Tawailirntlui. ihe «rr«n>-r
94 Ml cmmtnm . Tmnkfmwdmf, over tlM Ivur MamU enlv ; Evfvtt, o*cr ibr mmUi ul«o<i «if
•Mvt, one beU>w ih« vurfece.
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156
in Wayboofa hilf. From that day the people of iFic country be-
ing happy in their minds,{and at ease in their persons, became rich^
the rains were abundant, the bad Nats kept nt a distance, and
the good Nats came and watched over the country, much to its
advantage. For this reason, having set aside the bad, good judges
should be appointed to administer the laws. Thus the lord recluse
represented to the king Maha Thamada, the dream of the king of
Benares as interpreted by the recluse, and that from his acting io
accordance with it, great good was the result. O excellent king ! do
thou practise as did the king of Benares; if thou doest so, may thy
|)ower and glory be great, thy life long, and free from disease, thy
riches and happiness great, thy property and gems abundant; mayest
iKoa have dominion over the one hundred and one kings, and as the
most exalted amongst white umbrella bearing kings, and chosen of
the people for their Thamoo<lee Nat, the Nats will all give praise.
Thus Menoo, the recluse, said.
l.VA The law hy which a young woman given in marriage by her
parents, not liking the husband, separates from him.
If a maiden daughter is given by her parents to a young man in
mirriage, and before consummation she shall go off with another, let
^ter parents return all the presents the young man may have made,
md let him keep all that was given at the marriage. If she shall
run off with another after consumniation, let her husband keep all the
dower she may have brought, let him also have the price of her body,
and let the seducer pay thirty tickals of silver. If after betrothroent,
and before conn urn mat ion, there being no other mta in the case, she,
nut liking the man to whom she is betrothed, shall run off to her
parents, let her be rcj^tored to the person to whom she is betrothed
three times. If she persists in refusing to remain with him, let her
pventH keep all presents made to them beforehand, but let the wo-
man return two fold all that have been made to her from the day of
her betrothment. As her parents have given her over to her hus^
(QO^oS;
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157
band, let them keq) all prcsiMits made beforehand. Should the man
iiot keep his enga£;emcnt, let him lose nil his advances, and double
all he brought with him. This is the law before consummation. Af-
ter consummation, should the man not desire the woman, let her re-
tain all the pro|>erty, and let him pay her also the price of his body :
this is said of separation soon after marriage. Should they hav^
hfed some time together, and both had property at the time of mar-
riage, which has been increased during the time they lived together,
ind the woman does not wish to remain with the man, let him have all
the property. If the man be the party wishing to separate, let the wo-
man have the whole. If they have no property, let the price of their
body be paid (by the party wishing to separate.) This is said of a
party who have never before been married ; not if they have been mar-
ried before.
\(kk. Thf lair irhrn a ifonnff woman is ffieen in j nrria^f in the .<anir
My, and on the day of the marrinffe, the man to %thom she tras
pHghted shall not remain with her, but go with airjther.
If 1 woman lias been formally betrothed by her parents, and be-
Uttc the inarriajje has been consummated, or they have slept on the
Mme bed, (he man shall have connection with her sister, elder or
Tounger, be she deformed, blind, mad, or sick, he shall make a wife
of the person he had connection with, and shall not obtrtni the uti-
mtn to whom he was betrothed. If he admit that he has c :nmitted an
offence, and declare that he cannot make the woman his wife, because
*be 19 deformed, blind, a leper, or mad, he shall pay the price of hi^
body, and not obtam the woman to whom he was betrothed ; let her
br (ref. Should be not sleep with his wife on the day of marriajie,
and not consummate the marriajre, but have connection withn slave,
ift hini make her his wife ; he shall not have the woman to whom he
»».«« U-trothed. Should he refuse to make the slave his ^ife, 'el him
PIT the amount for which she is bound : he shall not obtain her to
whom he was betrothed, and she shall retam all the presents he may
liive made, it he demand them back, he shall not obtain them. If
parents shall Ik tr«>tli one daujrhter, and under favor of the night .«en<l
tnother into the tiridal chamber, let the man have the daughter he
iba.» sleeps with, and also the one to whom he was betrothed. Lt{
hini have botli Why is this ? — because a deceit was practised on
him If parents do not demand the usual presents at the time of be-
fruihment of their daughter, but do so after the young roaii and u<»-
mzn \\h\c been some time together, they shall not (»btain them. Win
.« ihi« ! — berau'e tlie\ did not speak beforehatid
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158
17/A. Tht Imo when a couple are tUtached to each other ^ oAd thr
parents of the woman having accepted presents^ shall give her to
another.
If parents have received large bridal presents, and do not give their
daughter to the giver of them, but to a rich man, they ahall return to
him double.. Why is this? Because they have departed from their
ingagemcnt.
W/A. The law hy rtkich a man^ when he discovers' the fact^ may 5f-
parate from a diseased woman with whom a matriage hcu been con-
tracted, by mutual consent of the parents of both, he not knowing
at the time of marrias^e that she was diseased.
If parents have a daughter who is a leper, deformed, dumb, imbe-
cile, deaf, mad, or a fool, and the parents of a young man to whom
tbey betroth her do not know this, and at the time of betrothment
they do n»»t toll then), but receive the presents, and give her away,
ind the young man discovering her defects shall refuse to live with
her, and demand back the preliminary presents, let them restore
fhwij two-fold Why is this ? — because they practised a deception
Should the man's Iriends have known her condition, no blame shah
jitich to her parents : let the couple live together. If the man refuse
lo do so, let liini lose his presents.
]\Uh. Thr hitr irhtn thr parnit.^ of Several young men have sent to
drmnnd ti youui^ trntiKin in marrinffc, and she takes one of her own
fhoice.
If parents lia\e a maiden clanghter, and the parents of several
uHjn^ men apjiroMUi; of her. shall separately make presents of betel
t^«, gold, siUer. or r!«»tli, and demand her in marriage, and the mai-
den's pareni^ nrrept them with a promise that if she is willing, thev
•rill jjive her in marriage, should the maiden on consideration, ap-
prove o( the person who first or last made the presents, or any one of
them, let her he i,n^«'» to him ; and if the parents of the other young
meo demand baek tlieir presents on the ground that she has not been
;;i»en to their s«ui, iliey shall not recover them. Why is this? be-
riuM» It %vas stipulaii'ci she should be given to the one whom she should
rhcMiM* . h(»r parents lia\e a right lo keep the presents. If the agree-
ment was not made thus, but they receive the presents of one, saying
Jhey will oblige her to marry (their son,) that the engagement with
them IS final, and if after this they give her lo another, let them return
4JI the presents.
356
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159
•JO//i I'hf lair whin a i/oun*^ man^ tris/uitg to marry a young woman ^
^ivm his 5rrpfVf.s in the /iuu>r of her partnts, and demands her in
mtirritiji^c.
If (parenLs) shall not only have received presents from the young
man, but he shall also have served them, and they shall give their
daughter to a man of wealth, let them return the presents two-fold,
and havnig calculated the value of his labour, let them also pay for
that, ^'honld the parents by mutual consent make an engagement,
>aying, *' serve for so niauy years, so many months, and we will give
you our dauirhter," if when the time is up, the parents do not give
their daut;hter, let them pay the price of her body. In case no en-
;Tagenient was made, should a young man whilst working diligently
for the parents, with their knowledge and her own consent, sleep
Hith the daughter in her own room, and have connection with her,
the parents shall not afterwards say they did not give her to him ;
they were aware that they had slept together, and that he was work-
mg and eating in tiie same house; let them be considered as man
and wife
l\it. The law hif irhiih parents are empowered to eause the separa-
tion at their dnu^htrr from a husband who took her without their
cnn<fnt. irhcn >hi has borne ehildren, not in their house, but in a
pltirr nt hi r own choice.
If the parents of a Nonn^ woman shall not give her away, but she
• hall \)v si<»l«Mi (seduced) away, even if she has had ten children, they
u:i\f: {\\v power t) cause her to separate from (the seducer) and give
\* T to ni»Mt!i« r . the innn has no right to sav she is his wife. Whv \^
;nis ' — !)♦ ( .iu~< a (laii;iht'^r helon-jsto her parents.
'i*i// 77</ fair trhf n tht y tirr not empowered to eause a separation ,
trhiu tht ildfii^httr was tnktn without their consent.
Ii a vounir Morn in rtin> off with a young man, not approved of bv
hit parents, atni having concealed herself for some time, shall return
!f> the villai:* '»r riri::lil>«)Mrh(MKl in which her parents live, and have
!«.» Mr ihrrr » hiMrcn. <»r live there five or ten vears with the man.
•♦":« r Imt |» irmt^ li im •'een and known (of her being there,) they
*h\\\ not iiave the pnucr toransi* her separation (from her husband.)
h a yotini: man r<iii> otf with a daughter living under the protection
• her pan (Its. ami >hr -hall return to them, refusing to live with
i.tn. he -hall n<tt Uo punished for the theft, (seducing her away,)
^'.ii Im" -liall li i\r no rwht to claim her as his wife. If a man after
r«jnnint» away with a man's daughter, refuse to keep her, let him pay
the price of he* Ixxlv If when ordered to make com|)ensation, he
(»fff>r to live with her, he shall not retain her if she does not consent ;
"t her Im' released from all obligaticm as his wife, and let him pay
'hr price of hi** I)«kIv
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160
'2'-\r(I. Thf law that a f/oun^ man after restoring a tfotiiiff woman
who has run off with him three times to her parents, is not obliffcd
to return her affain.
If a young woman shall be taken away from her parents with her
own consent, let the yonnir man restore her to them three times: as
the younj^ woman is consenting it shall not be called ** theft.** If he
Im' arrnsod before the jiidfre of stealing her, and he decide that they
are to live together, and they do so, let them be considered as man
and wife, and let the parents of the man pay the law expenses. It'
after the expenses have been paid, the woman shall refuse to live
with him on the ground of not liking him, let her pay the price of
her body. If the man refuse to live with her, let him pay (the price
of his body.) if after they have thus become man and wife, they
both refuse to live together, it is a separation by mutual consent; let
each have tiieir own debts, credits, and personal property. If the wo-
cnin consent to live together, and the man refuse, let her have the
whole of the original property. If the man consent to remain toge-
ther, and the woman refuse, let him have all the original propertv,
and let the party refusing pay all the debts. In cases where a young
woman has hrcu returned three times, no action will lie against the
\oung man or lus jiarents. Why is this ? — because the '* owners" of
\Uc dau^hKT could not control her.
vI4/A. Tht law that parents shall not ffive their etaughter to one
man, kmtwinij that she has slept with emother.
If the parents or guartiians of a young woman know that she has
•Ifpt with a youn^ man, and after several days or months, ihey give
her to anntlitr, ihry have no right to do so. Why is this? — because
ihev are notoriously aware of the al>ovc fact.
Vtth Thf hur thnt irhrn a master gives his slave in marriage to the
(i lui'/ittr of' nnrtfur, <aifin^ he is not a slari\ he shall not claim
t/tt chihirtn tt.< s/tirrs.
hanv one ^hall pul)licly give a slave, male or female, in marriage.
and ^ay npriils they are not >laves, when the children come to be nu-
mfr..ii-, he shall have no right to claim them as slaveji. If he dees,
U'\ him pay a** a fine lh«' amount said to be due by the slave, and
!• I him be emanripated.
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161
'2iith. The iaw when a man having got a young iroman with child
by her own consent ^ refuses to marry her,^
If a )oun<; woman is gotten with child by her own consent, be*
tV>rc the man lives openly with her, and she dies before he has paid
the tine, or before the child is born, let him pay in coropensatioo
Mxty tickals. Thus the recluse, called Menoo, ordered.
'27 th. The law when one of the four kinds of virgins is dtfiowercd.
As regards virgins deflowered against their inclination, there art
four kinds ; 1st, one not arrived at puberty ; 3nd, one who is blind
of both eyes ; 3rd, one who is mad ; 4th, one who is beyond the
L'rnnd climacteric. Besides these there are four kinds; 1st, one
%iho is of the samr- class, but different desires from (the ravisber ;)
iiid, one whose desires are the same, but class different; 3rd, one
I he same l>ot}i in class and desire; 4th, one different both in class
4nd desire. These four distinctions must be noted and considered.
Oh excellent king! if a man shall by force deflower a virgin who
hts not reached the age of puberty, one who is mad, or one who is
^>cTond age, let him pay one hundred tickals in compensation, and
let him also ^ufler criminal punishment. If it be a virgin blind of
hoch eves. again*(t whom the offence is committed, let two hundred
nckals <>t pure silvpf be paid in compensation, because she is entire-
v blind, and let the ofl*ender be also punished criminally. This is
lid when she has not attained the age of puberty, if she be arrived
-I tlip aijje of Iciial rii^ponsibility, or beyond age, and consenting, let
.i4if the abovo compensation be paid; and as she is of legal age,
n no criminal punishment be inflicted. If a virgin who is mad or
^'inH, br of Ic^ral aj:e, and consenting, let the offender support and
^k^c proper care of her whilst with child, and when the child is born,
■'\ him m the rase of the mad woman, provide a wet nurse, and of
tnp blind one, an attendant for the child, who shall lead the mother
M*\\\ that i>, wIk n (he offence was committed by mutual consent,
•rnd a child is horn. If there be no child, and the connection be
\ mutual consent, should the man refuse to support the woman, be
hall pay the mad woman thirty tickals, or as some authorities say,
ft\ ; to the blind one thirty tickals, or according to some authorities
' \\\ that IS, uhen they have arrived at the age of puberty, and arc
' '►n»entin;j
>th Tht law irhfii a rape is committed on one of the four classes
of virgins.
K<^idc«* th( ^(\ there i^ a virgin of the same family as the 'offender.
^nii uho ifl not consenting. If the offence be committed in a seque^*
rod place, \ioleiice used, and the girl not arrived at the age of pn-
'•«'rtv. *»he shall not be said to belong to the same family.* Let the
• I I C: ir.i.u f^rad 1ks\\i\} rfUuutuhip la pJkicou«twn
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162
offender pay ooe hundred tickuls in compensation, and let him aUo
be punished criminally for neglecting the honour of his family. If
they be of the same family and consenting, let them become man
and wife. If the woman's parents do not approve of the roan, lot
ihem have the right to cause their separation. If the parents of the
man object to the match, they shall have no such right. If he him-
f^lf do not like the woman, let him pay the price of his body. If the
woman do not like the man, let him not pay ; there is no blame. Thin
is said of people of the poor class, or those possessed of moderate
means, when the %voman consents, and the family ia different. If a
virgin of the royal family, not arrived at the age of puberty, be de-
flowered by force, let the offender pay four hundred tickals of silver
in compensation. If she be a Braminee, three hundred. If of the
thatay or wealthy class, two hundred, and if she be of the poor class,
one hundred tickals of silver shall be paid in compensation. This is
said of people not of rank, or holding a title conferred by the king.
If tbey be so, the law for their paying compensation in gold has al-
ready been laid down. If the parties be of the same age and con-
beating, let them become man and wile ; they shall have no right to
i^eparate on the (rrouiid that one is of a lower class. If the woman
t»e the party of higher rank, and shall afterwards refuse to remain
wiib the man, she shall not be held free of blame. If she be not
separated by her parents, let her pay to the man the proper price of
her body according to her class. If the man be the recusant
party, let him pay the price of his body according to his class.
This is when the man is of the poor class, nr is possessed of mode-
rate mean?*, and the woman a person of rank, although they be of
tile same cJ;i>s and consenting, if the woman is not of a legal or res-
ponsible ai^e, or not arrived at puberty, they shall not plead their be-
tnz of the same class and mutually willing, in extenuation of their
offence; let the offender l)e punished criminally, and let him make
the established olTerinjr for negleclinfr the honour of his faroih.
If the woman has reached puberty, there is no blame; let them bc-
ccRie man and wife. If the class be different, no consent given, the
woman of the poor class, and not attained the age of puberty, the
man of the royal, bramin, or thatay class, or possessed of moderatelv
large pr<»perty, and he deflower the girl in a sequestered part of the
forest. It IS the act of a degraded person, of a Dwoontsanda; it shall
not be C4>m{>rii«ed in what has already been laid down, that a person
of su[>erior cla^s stinll pay to one of an inferior or degraded class,
fifteen, seven and a half, or five tickals of silver; it is a disregard
of the honour of his clans ; let him pay one hundred tickals. Oh ex-
cellent king ! though the woman be consenting, if she has not arrived
at puberty, let him pay fifty tickals. If she be of proper %gp and
consenting, let them become man and wife. If the nan, being of
high class, does not wish to tal'e tbe woman^ let him make conpen-
3§p
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163
futioii accortlin£r to licr class, whether it Le the live, seven and a
half, the fifteen tickal, or the Dwoontsanda class. Ifshebe an here-
(}itary slave, no more than five tickals shall be paid. In this way let
ileci»ions as to compensation be given. Thus the lord hermit said.
Knd of the law regarding the eight classes of virgins.
Oh excellent king! 1 will now repeat what is said of a man and
woman coming together who have been before married. If any
woman shall have had one husband and bofne children, and the man
has aJi^o been once married before, they shall be called '* Thamee-
1iM>ling." If by mutual consent, they have carnal connection, lei
tbem become man and wife ; be they both of equal rank, or one
higher and the other lower, (if one refuse the connection,) let the
recusant party pay the price of his (or her) body ; they shall not be
let oflf. If one hramin shall have carnal knowledge of 4he daughter
of another, who is of gooci character, he ought to be yuniahed by
having his head •shaven. If the act has been committed against her
inclination, let him be compelled to make compensation and be ban-
f*h/Hi the roiiniry If she be consenting, he should not be banished.
I will now treat of the twenty-one women who have people to look
after them: — 1st, a woman of advanced age; 2nd, a mad woman;
:ird. a le|>er : 4th, a woman with child ; 5th, a young woman ; 6th, a
uoman who has come from a distance ; 7th, one confined for debt ;
^ih. a daughter under the protecticm of her father ; 9th, one under
the care of her mother ; lOth, one under the care of her grand-
mother: lllh, one under that of her grand-father; 12th, one under
r*re of her elder sister: UUh, one under care of her younger sister ;
14th. one under care of her younger brother; 15th, one under care of
h«-r elder brother ; Ifith, one under care of her aunt by the mother's
•ide, elder than her mother ; 17th, one under care of her aunt, young-
er than her iiiniher : IHih, one under care of her father's elder bro-
ther : I9th, one, of her f:«ther's younger brother ; 20th, one, of her
fathers si'iter : 21st, one, of her mother's brother. These twenty-
one classes of women, even if consenting, shall not be had carnal
knovkled^'c of; if they be, the offender shall be severely punished :
this is laid down in the Damathat.
1 will now treat of the women who are spoken of in the commen-
taries on the sacred books; — 1st, a woman taken care of by her
mother: 2nd, one taken care of by her father; 3d, one by both ;
4th. one by her brother: 6lh, one by her elder aister ; 6th, one by
her relation* ; *th, one by her family: 8th, a woman protected bv
0^9
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164
her religious habits;. It' carnal knowledge be had of any of tbe»e
eight clasnes of women with their consent, there is no punishment in
a future Mate. If the person under whose care they be, shall not gi%e
consent, they shall not be claimed as a wife. Why is this? — because
their protector is not willing. If connection be had with a woman
who has a protector, the concubine of a chief, or any woman for trans-
gressing with whom a penalty is laid down, the pains ot hell will be
incurred, and the transgressor shall not be letoffthe compensalion on
the ground of their being cons?nting. Why is this? — because there
IS a person who has her fur his, who is in communication with her,
and is her guardian and protector. As regards the eight women
abore noted, if their protector do not give them in marriage to a
proper person, and they shall willingly have connection with a young
roan, provided they are above twenty years of age, let them have a
right to live with the man of their choice. Why is this? — because
their protector watched them without regard to their desires.
Of the women above s}>oken of, — Ist, a woman to whom property
has been given and who is living under the protection of the giver ;
'ind, a woman who is cohabited with by her o%vn consent; 3d, a wo*
man who has heen placed in ease and aflluence by her paramour ;
4th, one to whom clotlie?< have been given and who cohabits with the
eiver ; oih, one with whom a man, putting his hands in the same cup
of water, ha^ vo\vo<l that a.*< the water is one withoni division, so will
they l>o : M\. oiir uho^c pad (for bearinj» burdens) has been remov-
rii from her head,* and is taken to live with the man (who relieved
her :) 7ih. a slavi* wifo; Hih, a woman taken f<)r a short time; 9th,
one jjoi in return for service performed; and lOth, a woman taken
in war tVoin an eneinv's conntrv, where the sacred standard is un-
furled. It is laid down in the scriptures, that a man shall not be
free from ««in. if he has connection even by her own consent with any
t>f the*(e ten classes ot' women ; and in the Damathat, that inasmuch
«s he knew her to Uv the wife of another, he shall not esctpe the pe-
nalty, hut shall pay the compensation according to her rank and class :
•ud 111 that case, the rules laid down in the Damathat will be abided
h\. and the |)reredents established by kings, embryo gods of old, will
not Ih" departed from.
Of these twenty-one, if any of those who are under the protection of
their {jratid-father, grand-mother, aunt elder than their mother, aunt
younger than their niothrr, uncle elder than their father, uncle young-
er than their father, elder sister or brother, uncle by the mother's
Aide, aunt by the father's side, or the governor or head of a town,
«hall be given by her protector to the man of her choice, without the
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165
knowledge of her own father, he (the protector) shall have no right
so to give her away, and the man to whom she is gifen shall ba?e no
claim to her, let him only, to whom she is gifeo by her father, be her
husband. If her father be dead, let him only to whom she is ghren
by her mother be her husband ; if her mother be dead, no one but
relations (brothers and sisters) have a right to gife her away ; let the
man to whom she is gi?en by hef nearest relations be her husband.
If she has no father, mother, or nearer relations, let the man to
whom she is given by her protector be her husband, and hare a right
to keep her. If any man shall forcibly, and against her consent, cw^
ry off any of the women laid down above, let the forefinger of his
left hand be cut off. If he does not wish to submit to the mutilation,
and has taken her on the strength of being a roan of wealth and
high family, let him pay as compensation six hundred Tiss of copper^
If she be taken with her own consent, there shall be no ci?il dama-
ges, but as a criminal fine for disrespect to the protector, let the man
pay all law expenses, and return her to her protector. Though it is
thus said, if the offender be a man of wealth and family, and, naving
a wife and children, has seduced the jroung woman, though she be
consenting, let him pay in compensation twenty Tiss of copper. If
both parties be young, the woman consenting, and her protector not
roQsenting, let her be returned to him or her family ; and though the
man l>e ot wealth and family, there shall be no punishment ; let him
be free bearing only the law expenses.
iOrA The law when one vir^n is d^fiamertd by the inierveniitm
of another.
If any virgm shall act as a go-between, and by her means, another
^all l>e deflowered by a man not approved of by her parents or
^ardian, let her pay as compensation two hundred fiss of copper.
Mik. The law when she is dejlowertd by the tn/ervenKsn of
a grown inosMPi*
If a grown woman shall, by deception or persuasion, cause the de>
Howerment of a virgin, let her head be shared, and let her be pun*
ished with a ratan and banished the country; it is also laid down,
that she shall make compensation in two hundred tiss of copper.
If fihe does not wish to hare her head shaved, let her pey thirty tickals
o( silver ; this is when she is not banished, and wislies to escape hsT-
lug her head shaved. If she be punished with the ratan, and banish*
rd, she shall not pay compensation ; so it is said. In inotber man-
ner, she may be sunk in the earth up to the neck, and the earth
pressed down about her with the feet. And another numner, she
may be sent round the country by beat of gong. If oae of these
90
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1,
166
punishmeutfl be inflicted, she ahali be tree ol the others. 'Diid it tlie
law oo the subject of a young virgin being deflowered by the inter-
%eiition of a grown woman.
If the parents of a young man and woman have made an^engage-
ment to give them in marriage, and the young woman shall die, if
nhe has a younger pister, let her be given in her stead; if the young
man shall die, and if he has a younger brother, let him be given in
marriage to the yoiin^ woman ; it is not proper tliey should begifeu
to others. Though it is thus said, if the elder or younger sister of
the deceased woman be engaged to another, the man to whom de-
ceased was contracted, shall not demand her; she is free; and if the
brother of the deceased young man be engaged to another woman,
*he who was contracted to deceased, shall not demand him; he is
free. As regards the son and daughter above mentioned, even if
there be an engagement, if they be not satisfied witli the match, thej
shall not be oMiged to marry; let them be free. This is only done
when the parents are related, or great friends. If they (children) do
not wish the match, let them be at liberty to decline. If a woman
l>e a wi<lo\v. or «li\nrced from her hushand, and she marry the man
of her choice, tier parents, guardianti, or relatives, have no right to
interfere to pre\ent it ; let the woman who has already had a hus-
band, lakethr nian of her choice. ir>)ie hai* nover had a husband,
•he shall have no right to take one without the consent of her pa-
rents fir guard ian?<. It the parents ol a }oung man and woman, at
the time of l>rtrotliiiig them, >))all place their hands together in a cup
of water, and say that they give to this daughter and son-in-law, or
this S4)n and datighter-in>law, gold, silver, rubies, gems, iron, proper-
ty animate or inanimate, elephants, horses, bufTaloes, oxen, slaves
Of land-, and tliert> he witne-^.ses to the gilt; nevertheless the child-
ren have no right to demand of the parent? any thing not given in
hand, thr? ha\( only aright to the property actually made over to
ihcm ; it they expend the wh(»lc of that, let them have a right to do
•n; if they do not expend the whole, and the parents take back what
r^maiii«, the\ have a right to do so; the children shall not claim it
««n the ;;roiin(l of it< hcing a gift and being in possession. If the son
f^f d.iu;zhter >)ioulil die, let the surrivor have ail the property brought
at the time of marriage, but they shall have no claim to any thmg
(tut wn- pr<»mised, or any thing that did not actually come into their
^M«f«7ii<>ii If the ch Idren have gone to a separate eilablitlimeot.
ibeir relation-, (civheirs brothers and sisters,) shall harenoeliin to
4n\ prop4*rty they have taken with them. If BOl gifoi Ibam by
ih«'ir parents at the death of the latter, let this property be their own
•'T^n*'" ^hnrr ff *hr p;«rrnt« he not dentf. and thw dstighTei
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167
(the wife) shaJl die, her parents shall not say they did not give her
this property, but only wished that their daughter and son-in-law
might enjoy the use of it during their lives, they shall have no right
to take it back on these grounds. Why is' this? — because the
daughter is dead. If the parents of the husband on his death, shall
sav they did not give him the property, but that he had taken their
property with him to his own separate residence, and was using it,
they shall not on this ground obtain the property that is in the pos-
^ssion of their daughter-in-law. Why is this? — because, when
the wife dies, the husband takes the property left, and when the hus-
band dies, the wife takes it. In another case ; if on the ground of
being the eldest, a son or daughter has taken much of their parents*
property without its ha\ing been given to them, let it on the death
of the parent.^ be divided with the relations; it shall not be their
^parate share. Why is tliis? — because the eldest brother is in
the place of the father, and the eldest sister of the mother, to their
yoQiiger brothers and sisters. If any man shall give his wife to an-
otber in the presence of witnesses, the roan to whom she is given has
a right to her. If before he has had connection with her, her for-
mer husband shall demand her back, and she be willing to return to
hiro. Jet him pay the price of her body to the man to whom she has
been given, and on paying this he may take her back. If the wife
!4v, he has ^riven me away to another man, I will not return to him,
let her be free; he shall have no claim to her. Why is this? — be-
cause his engagement would be broken. If the man to whom she
19 given has hid connection with her, and on the for mer husband
asking, she shall say she will return to him, and the new husband
»hall refuse to part with her, let the former husband pay him double
the price of her body. Why is this? — because before the new hus-
band had connection with her, the price of her body must be paid
for her redemption, but after connection she has become his wife,
therefore double the price of her body is laid down. If a girl be
Ziren to a man with a promise that she shall become his wife, and
her parent** sliaJl demand her back before he has had connection
with her, let them pay one half the price of her body ; if after connec-
tion ha.H been had with her, they shall demand her back, let them
have her on paying her full price. If she shall sty she will live
mail the husband, they have given her, thev shall not have her back
•o a*«king. Tims thr lord recluse called Menoo said.
If any one, whether he has children of his own or not, ahall have
»d«}pted the children of another, and if whilst he is taking care of
xtid brmging thetn up, his children, or relatives, if he has no chil-
•Irrn. «<hall turn away the adopted child, and refaaeto allow its •d<ip-
(ion, let them pay it sixty tickals. Resides this, ifi person who has
d£o
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no pareriu or reiutloIl^ lo <li|>eiid on, shali ttltacli liifn^>elt tu some
«Hif, and ho shall accept him and hring him up, he (the adopted child)
should remain with him until he is grown up. If he does not, but
U-avcs the parents who adopted him, let him only be released from bis
obligation to them i>u repaying all the expense that has been incur-
red on his account ; if he has no means of paying, let him pay the
price of his body. If children do not minister to their parents,
but leave them and live separately, let all their property be taken
from them, and they may he punished criminally to the extent of six
hundred stripes of a rat an. If in the case of a husband and wife, one
*hall leave the other in the same way, the offending party shall be
liable to the i^.uiie puni«:hment of hix hundred stripes. If they en*
::age to minister to tliem in future, let them do so; they shall not
however be free from the punishment. If a woman shall support her
paramour with the property of her husband without his knowledge,
and on his death she shall ^uc the paramour to live with her, if he
rrplf that he made no engagement to be her husband, that as she
gate him presents to gratify her passions, he had done so, she shall ^
U\\r no rii^iit to demand him as her husband, nor to demand back
ih<* presents made: she is a woman who has committed a fault, and
^'hould onlv have the shame of having done so. If a husband shall
*ti|»fK>ri 1ms ini-ire-^ with the property of his head wife, when she
ili>rovers it, hi the property he returned to her. If a wife of no
{2<*od) halnts shall ask her husband for a thing that is not right for
.Vrrt4»a*»k, and his connection wilt another man who gives her pre-
M-nt*. if the liiisban<l himself discover the fact and sue him, though
he plead thai hr had r^iven the woman a consideration, let him be
l^Hind guilty nf adnltiry, and make compensation in three hundred
kL*<« of co]>[>er It' iu' demand hack what he had given her on the
/f«Mind o\' It'' ha\in<: hern d<»iie with the husband's knowledge, he
«hall not t»h(ain a ; as the woman did not tell her husband, but some
'4lier per«nii did, \\v Una a right to compensation^ hut if it be not
thu«, It' the woman ^hall tell her husband that she has bad connection
and receivfd pn - hcdis. he shall have no right to sue; the wife is a
(jrrov. aiiil Ur a h'lnter ; let the man recover all he can prove that he
2.i\e the woin in , h" >\i,\\\ not he found guilty of adultery.
If a mm lri\t innnection with another's wife in his absence, her
iither, fnotlier. or relations, shall not sue llio offender for their own
profit. i« t thf m only ;;ue notice of the fact; and when the husband
rrtuTiis lu' ha** a riL'ht to >iie. If on the ground that her husband
hid ni?<le hrr over In tli«*ir charge, or that being iheir daughter they
ii4«c naturally charg** of her, her parents, during the absence of their
•on-in-law, shall assault tho adulterer, let all tho^e concerned iu the
•%Mult pav ronipensalinn according to the extent of their criminal-
»iT If ihr adnlf**rcr shall abscond or conceal himself. Iiis parent*
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169
'»T rrlaiives bUaW nui be sued, it is a matter of &Txual intrrcourM',
ihey shall be held free; in any other matter, if the offender abscond,
his parents or relations who live and eat with him may be sued ; even
111 these matters if the parents or relations have become security, let
them be sued ; if they were security for his personal appearance, lef
them give him up ; if for the damages, let them pay ihem. In matter?;
of adultery, if the wife die before coropensaiioo is pitd, the husband
shall hate no right to recover them. It is not proper to shave the
head, or slap the face of an adulterer, nor to beat him with the elbow ;
if they be seen on the bed and killed with any weapon, sword or
spear, let his death be on his own head. If he be caught on the
bed, and say " du not kill me, I will pay compensation," if he leaves the
bed and reaches the outer post of the house, the head of the stairs, or
any olher place, aud is there wounded and dies, after deducting
thirty Uckals, the fine for adultery, let compensation (for the murder)
be Mie at the usual rate. As regards the rate, having itH|uired a^
to Iks class of the wife, the husband, and adulterer, let it be ac-
ri>rding to the clas5 they may belong to. If the adulterer be beat at
jfiy ockpr place than where the oflfence was committed, lei the dam-
^ses for the lw<> olV<»nces he calculated, and if they be equal, let ihein
be quits ; if Olio hi* ^reator than the other, let the balance be paid.
If a man of low class shall seduce the wife of a man of a respecta-
ble cla^s, let him forfeit his person, (become a slave.) If a respecta-
ble man shall si'duce the wife of a man of a low class, let him make
ci^mpcfisation as a degraded person. If a woman shall have conncc-
tiofi with a married man, let her pay thirty viss of copper, the price
<iC her hair and ears. If a woman shall act as a go-l>etween to re-
duce a woman living affectionately with her husband, she shall hr
liable to have her ears nnd hair cut off. If adultery has not been
committed, her offence only amounts to breeding jealousy and ill-wijl
between husban<i and wife ; for this let not her hair or ears b^ cut
.iff. h4it let her only receive a criminal punishment.
If any man of a low class shall commit a rape on a braniin wouian,
who>e hiinband i5 dead or separated from her, she may take posses-
Mon of all the property he is possessed of. Why is this? — becaiiVe
)u' has committed an offence against one of a different cla.^^. If lir
^H»n«»t make c<>m|>ensation as bramins do, let him become a slave .
^hi*> i<^ •^aid of a low man. If a man of low class shall offend u iili .1
(iraniin woman o| the Waythec class, let him I>e pitni^hed with on*
hundred (stripes ) If ih^ oflence be committed with a woman ot iIm
Khattiya caste, the punishment is one thouaaiid (stripes ;) and he mmv
ii« punished lu another way; his head may be shaven and the Imh
'hfown wh'Tr ih*- ♦>ramin women make wafer , ot in another v«i«.
9i
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170
he may have his body enveloped in straw and set fire to. If a lord
or thatay shall commit a rape on a bramin woman, let him pay six
hundred mss of copper.
3 Is/. The law when one bramin vioiates the wife of another.
]f the parties be both bramins, it i^ not proper to cause the offend-
er to make compensation, nor to put him to death, but hafing shaved
his head he may be banislied the country, or turaed out of his caste,
taking his property with him. Bramins ought not to be killed ; if
they be, the greater pains of hell are the consequence. If a man kill
a member of any other class, in the act of adultery with his wife,
there is no fault ; if he be seen in the place where the oflfence was
committed, he may be killed, so it is laid down. But with all good
men of every clasi^, not to speak of killing a man, it i^ not proper
eiren to think of causing his death, or to mention it ; for this reason,
the god has laid down that no one shall commit* the sins of the body,
the sins of the mouth, the sins of the mind, or the ten bad acts.
Jind. The law when a woman heu no desire for her kMsband^ but
for another.
If any woman, on the ground that her husband cannot give hsr
costly gif^^, or that he is ill provided, or incomplete in some of his
members, shall, a^er communication with a rich man whose appear-
ance she likes, and who is complete in his members, dislike her first
husband, and have connection with the other, if he knows her to have
a husband, let the old husband have a right to take all the property
of the new one. If there be no fault in the old husband, let the wife
who goes off with the wealthy man have her head shaved in four
patches to shame her, and let her be sold (by her old husband.)
33</ The law when a man marries a woman, not knowing she had
a husband, and her frst husband afterwards returns.
If a woman goes off with a man nho did not know she was a wife,
]f %be lives with him till she has borne two or three boys and girls, the
first husband shall not sue him ; if he can get his consent be may
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171
take back his wife ; if hlie admits he is hei old husband, and says slie
will live with him, let her be given up to him. If the new husband
pleads that, though her old husband is certainly come back, she has
borne him seven children and is his wife, and shall thus have con-
nection again with her, he shall be liable to an action for adultery.
Why is this? — because, when a country has been invaded and des-
troyed, and the people panic struck, if a husband and wife in the
dispersion do not fall in with each other, though the wife may have
had seven children by another husband, let her original husband
have a right to her. Thus the recluse, called Menoo, said. If the
roollier of the seven children shall refuse to return to her old hu5^
bftnd, but say she will remain with the new one, and if the old hus-
band shmJl have connection with her on the ground of having been
bis wife formerly, he shall not be free of the crime of seduction, and
the wife shall go to her new husband. This belongs to the chapter
no wives taken in battle.
34/ A. The law of rape on a woman ^ 't"^^ ^ married.
If any woman, married or single, shall accuse a man of rape, and
be shall deny it, if one of them be of the royal, bramin, lordly, or
thaiay class, and the other an hereditary slave, one born in slavery,
a oyay-lat, an ouk-ka-let, a kyoon^tset, a kyoon-beni; or a kyoon-
tscen, any of these seven, or of the dwoonstanda class, a horse keep-
er or an elephant keeper ; if the man be of any of the exalted class-
es mentioned, and the woman of the degraded, the case shall not
be tried by ordeal of water, rice or fire; let the per-on of the ex-
alted cla.Hs be put on his oath ; the degraded person shall not be
Kwom ; if the person of exalted class will make oath, let his statement
be taken for truth ; if he will not do so, let the statement of the de-
graded person be true ; and for the offence, let compensation be paid
according to the class (of the woman.) If the woman be of the ex-
alted class, let the case be decided in the same way. Thus the lord
.Menoo said.
',V^k Tkf latr ffhrn a man of the eiaited class shall offend with one
of the lower, the decision according to class,
O kmg ! although it is thoa aaid, yet there ia Damathat and Papa-
ihat, and a person of the exalted claaamay have followed Papathat,
and by the influence of desire, anger, fear» or folly, though truly of
tlie exalted class, may be a person of bad habits, in whom no relianc«*
ran l>e placed in thii* case, though the clas^ be exalted, let the trial
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172
J»r by ordeal of water, rice, or lire, iliHt througli the fear oftlib, the
aflfairs of ihe world may be kept in proper order. The exalted party
may furiiijsh a substitute to try the ordeal with the other. If the char-
acter be good, let the oath be taken.
• Mi/A. The law when a suit may be entered on suspicion eicittdby the
improper behaviour of the parties.
Oh king ! in another case, if a man shall sue another for the se-
duction of his wife on the information of a third party, and the ac-
cused shall deny it, let the woman be e.xamined ; if she adnits her
guilt, let her and the accused be tested as to the truth of their state-
nent according to their class as above laid down. If the woman
fthaJI lose her cause, let the husband pay a compensation of thirty
iickaJs for entering the r^xxw, and the woman nf\een for the accusation,
and let them bear the law expenses. If the woman shall gain the
cause, the husband had a right to bring the charge, and what the
waoaa stated is confirmed ; let the losing party, the seducer, pay
doable and bear all the expenses. Oh king! if on examining the
wife, she also .shall deny the charge, and .the husband shall say they
«re conceal injT their crime, let lum produce a witness to the act
and the place of its committal ; the character of the witness shall not
be objected to ; it is a matter of lust ; let the person's testimony who
miine>secl ilir act be laken as evidence. O e.xcelleiil king! even if
the husband shall at any time have stated his suspicions of the per-
son acciisrd, if he has pulled the woman's hand and spoken to her
in the presoncr of respectable witnesses openly, so as to be distinctly
heard, rejjarcliii^r the performance of some gwxl work, and not words
rejardinj{ criininal intercourse, or matters of lust ; if it be proved
that the subject of their conversation was another matter, the hus'
band shall have no right to sue him for .^eduction ; let him be free of
fault : the accuser has conimitfe<l a mistake. But if he shall come
up to the st(^> of the house, or take her by the hand on the road and
^peak to her, or if whilst the husband is out he shall come into the
b<>us4*. or enter the sleeping apartment, or if presents have passed
bfiweeii thoni . these acts come within the seven acts of seduction
If he ha*" ^one into the sleeping apartment, let him make compen-
sation III thirty tickals of silver; if he has come into the liouse.
i«r-fiiy-(ive tickals; if he has t>een seen talking to her iD another
KouM* or place, Id him pay seven <uid a half tickals; if he has held
h«>r hand on the road, 4)r presents have passed between them, the
»«me. seven and a half tickals; let all presents be forfeited. This is
,4id when the Ini bniid sees the.se act.^ mithoui any witness. If the
pg OOD«9C!l85«iOCOq)5|6§ng^g8ccoOODCpi»
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wifr hold improper coiivcrsuiioii with a man, regarding whom the
husband hn!» not exprei%sed his suspicions, he shall only warn that
man not to repeat the act ; he shall have no right to sue hiiu for ^e-
duction, let him correct hi8 wife.
37/A. The lair when a man seduces the concubine of another.
Oh king ! if a free man shall have criminal c<mnection with the
concubine of a respectable man, in his house or any other place, the
punishment for such an offence is compensation in the price of the
body of the oflender; if the offence be connnittcd by a slave, let onr
half of his price he {>aid by his master.
^WA. 7'Af latr irhrn a man, not being able to pay compensation fur
harinff stolen the property of another^ becomes a slate.
Oh king ! if a man steal properly, animate or inanimate, and l»ein^
unable to pay C(mi|)ensation, becomes a slave to the owner of the pro-
perty, let him only be so for the term of his life ; his children, at bin
death, shall not be taken as hern slaves: let them be free. If the
king die and is succecde<l by another, or an usurper seize the throne,
l^-i the thief he emancipated. Even when the owner of the pro|H'riy
'hall die, let the thief serve his wife and children ; only at his death
*hall the thief be free.
'Mh Thf law irhen a man, not bcinsi ^^'^ '" /'^// ihe penalty fur
having had illicit connection, becomrs a stare.
It (or haviiii; h;id rniiiiiial connection with wife or maid, and not
firing able to pay the roinpeiisation, any man shall ha\e l)eronH .1
'late, let hiiii br free at his <leath, or the death of the woman a;jaiii.-f
whorn the otfiiice was committed , her children, grandchildren. hii»-
b^nd Of parents, shall not claim him as a slave. If an usurper sei/e
Uie throne, he shall also be free, if hitf children shall have been
Mipported by his master or niistrcsi^, let them be free on paying tiie
'irkals of silver for their food. If they have been caused to work,
4fter ten years of ajji* they shall not pay for the food ; having deduct-
H one tickal for each year's work, let them be released. Why 1^
thi»? — JK?caii«i(' they are t<» be considered in the same light as chil-
dren of parents in ple<lge (as .^^ecurity for a debt ) Oh king! if an\
man's slave shall steal the property of another man, one haif the sum
J- If which he is bound, and also the price of his bod) , have been lai«*
down, (as the amount to be paid in coin |h* negation.) Thi^ i^ d nutttr
* I con»iderat|oii.
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174
40/ A. The lam when o master has connection with the wife of
his slave.
Oh king ! if the ma^^tcr of a slave of a respectable family shall, on
the Mrength of his being a slave, have connection with his wife, who
14 a free woman, with her own consent, he has no right to do so; he
has only a claim for his money ; he has no complete proprietory right
in the man, he is redeemable; let the compensation for the fault be
deducted from the amount due, and let the man be free; (if there be
a balance,) let it be paid by the party by whom it is due; this is
when the slave is a respectable person. If the husband be a free
roan, and the wife a slave, the master has no right, as such, to hafe
connection with her : if he does so, let her be free ; this is said when
a respectable woman has become a slave.
41 5/. The law when the master has connection with one of the seven
descendants of his slave man.
O king ! when a res|)ectable man becomes a slave, it is only from
poverty ; he is not a " thantaka," — slave by descent, nor is consider-
ed as being so. There are seven kinds of slaves ; respectable men who
are bought, which arc as follows: 1st, a slave bought and beld (for
the money ;) '^rid, his children (called kyaythabauk) born in slavery ;
•Ird, their chihlren (called thadet ;) 4th, their children (called thatee ;)
r>th, their children (called thadoot;) Gth, their children (called tha-
dau . ) and 7tli, ttioir children (called thahmyau ; ) and with these
«Uves, the amount for which they are in slavery may be added to, but
they cannot become irredeemable: and consequently if the master of
wch «lavcs j^liall have connection with their wives who are free, even
miih their consent, ho shall not bo held free of guilt. I^t the calcu«
I at ion be in ado, lot him pay compensation ; and though the wife was
ronsentin^r, t}i(> otfondor will not escape the pains of hell. The com-
^K'n'^ation only i*^ ordorod in the Damathat.
t'iii// The Itiw when (he master has connection with the wife of a
stare, hereditaria in his family.
O king ! it a iniL^tor shall have connection with the free wife of an
irredeemablo slave, thore shall he no compensation, but the pains of
bell will not bo oscapo<l. If the husband and wife be both slaves,
and the master has connection with the wife, let him have the right
lo do so, but hero also the pains of hell will not be escaped. 1 will re-
late a case in illustration of this: — In former times, the king of Be-
nares went out in the night to look at a 8wif\ horse to which he was
much attached ; as there were many horses, the horse-keeper was go-
ing round and (giving them their food in succession ; as he was thus
employed, the king had connection with his wife, who was exceed-
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175
in^ly beautiful. Wlicn the liorso-keeper came back, Jie saw him.
And having taken his double-edged sword from him was tbout to put
him to death. Then the king said, *' Do not kill me, and I wilt give
thee much wealth." The horse-keeper replied, " Oh king ! there are
MO witnesses." Then the king being afraid, said, ** If you do not
believe me, keep possession of my double-edged sword and bring it
at day -break into my presence." So, the next roorniog, the horse-
keeper came before the king with the sword in his hand ; the king
seeing him come, knew his purpose, and told his lords what had
taken place. The horse-keeper also told the same story. Then the
king said, " Heh ! horse-keeper! I did say so; but I have a right to
have connection with your wife, and that it may be known whether
I have or not, I nill bring it to a decision." So the king and horse-
keeper went to the recluse, called Manoktheeka, who was supported
by the city of Benare.s, and who was living in the practise of good
habits. The hor^^o-keeper reflected that his adversary was the king,
M* be went into the jungle to look for some present, and finding a
turtle and a guana, he brought them with him as an offering. When
they came ioto the presence of the recluse, the king called to him,
*' Ho! horso-kee))or, lay hold of my bridle," and he laid hold of it ;
the king having dismounted, took the turtle and guana from the
lior Mr-keeper's hand and gave them to the recluse, who said, " Oh
great king ! what have y(Mi to say? " The king replied, " I have a suit
with my h()rsr-kor|)er, and on that account I am come." Then the
horse-keeper made his representation. "Oh excellent man! Oh man
of scienro ! Oh penile recluse ! — in the middle of last night, the king
descended from his golden palace and ordered me to give food to
\\te horses ; I went and did so, and on my return I saw that the king
had had connection with my wife, so 1 wrested his double-edged
«wc>rd from his hand and was about to slay him, when the king said,
' Heh, hors<'-kec|)er, if you slay me I shall but die ; to-morrow at day-
light bring that iwiM»dged sword into my presence ;' on this, I re-
leased him, and as he had told me, I went at day-light into his pre-
tence with the sword in my hand. The lords and high officers said,
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176
' why IS ilie kin;ir s two cdueii jsword in the hands ot the horse-keep^
cr V I told them tlie wiiole story, and the king hearing my statement
said, ' it is true I had connection with thy wife, but let us go and
have it decided by the recluse, whether 1 have committed a fault/
and on this proposal of my master we have come before my lord."
On hearing the statement of the king and the horse-keeper, the re-
cluse said, *• Heh, horse-keeper, whose turtle and guana are those
which the king presented ?" The horse-keeper stated how it was.
Then, said the recluse, ''the turtle and guana should be in thy
hands, but they are not so; why did the king take them? why didst
thou give him up ?" The horse-keeper replied, ** He is my lord, and
master of my life and all my property ; so when he took the turtle
and guana from my hand 1 did not venture to refuse to give them
up." The recluse then said, *' Oh friend horse-keeper, as you did
not dare to refuse the king your turtle and guana, from that time you
admitted his right ; turtle or guana do not belong to a slave ; he must
submit to be hewn in pieces, if his master so will ; ye are master and
flave, kings are the lords of the country, and have not only a right
to husbands and wives, but the whole property in their dominions ;
the slate shall not recover damages from his master, but the king
IS not exempt from the pains of hell.'* Thus said the recluse Ma-
nokthaka. So ihv slave not having a right to recover damages from
his master, the km^ was released from them. But the king who is
ma5ter miis! abide l»\ ilie ten laws, for the guidance of kings, and
although {)ro{H rty wlnrli has an owner is called tlie property of the
king, yet he has no ri;;hi to take the whole, of fields, gardens, tanks
and canals, all the wo^k^ of man's hands: he has a right to duty col-
lected, but he shall not take the whole. The first great king Maha
Thamada matle tins precedent fur all successive ages ; let the cus-
toms that have been prescribed by all gods and kings not be depart-
ed frcmi, and thoiijjh the king l>e h>rd of the country, he shall not
fake men's wues and slaughters by force, he should lire in conform-
ity to the four hws of Thenga-wootoo, and the seven laws of Apa-
ree-ya-ni-)a The slave ought not to recover damages from the
kmc, nor should the kinj; do wrong to the slave in thought or deed ;
he nhould conduct himseli in accordance with the precedent of for-
mer kings. A king who, regardless of the law, shall, from desire to
poeocss a man's wife, contrive the death of the husband, shall come
to destruction, and his country to ruiu and disorder. When king
ogSiooSi os@Sgo(859oo;><^^»a5o^§oo^|g»^ §aS
ejjoc^flf 4a2§(]g?(»£taK oaotG^StgSccoou^ugScaosjiScieaai^^
ggDcoE^ScoeSiOospggscrw^Saj^iow^g^wflp^aojgi
cno^ggor^ossp^Saa^iioDOSC^sggar^Sco^SaD^^ 9000*
03^ii8cOggOrSo35iC§i^S33^K CoSgg3f^«ODOt^8aC
oacoc^ugoajS^OTf^gulSioci^c^Qcpiggonc^ciooggoaftiflp
CO^W8^333e^iU:^U<^tg&^tCOC{>^SgStg&37CO£5tt MOf
gg0c8(no^^£cp<£c^33^(X»tiS0C|^O3g5c»Og^O^ftaBdS0S91
dBStdo&c^cco^id^GOo^woScoMi cocpaa^aaoxpidB iicotoA
^£ij1i:^(ocuts32coc5oo9co^^^ii so^3c8&tgSa200opRD
Bcgoon
eo3S^l^o3ottaa^^6§&^isofipu3S33ij|io?o^«cep£t8Si ooo^w
3So3V|i90C^(KC|fEl^£iCUlg&lin^ScjcfgEtC3^SOC{>(»dB30jp
aou^ucjo^3aoucut330i(»c>^u^33(jgi eotpuo^oaotfcoiaoo
— ^
177
W a?th.in(laya after making an offering of his wife to Shen Madeic
and praying that he might forever be able to confine his desires to
«ific wife, returned to hiH country, showers of gold and gems fell re-
licatedtjr in the palace as deep as the ancles or iometinieB even the
kuees, a^ is recorded in the holy books. Oh excellent king! the ten
laws and fi?e precepts of religion should be moot ftricUy abided by.
Thus the lord recluse, the son of the king of the Bymahs, said.
4:W/. TTu law in accordant r (viih the rule) thai children have 41
rifrht to the property of their parents^ parents of their children^
irivfi of i heir husbands, and husbcmds of their wiveSy teaehers of
their scholars, and scholars of their teachers.
The teacher has power over the property of the scholar, parents
mer that of tlieir children, husbands over thatof tlieir wives, and the
iniiiter over that of the slave. The scholar has power over the pro-
perty of the teacher, children over that of their parents, the wife over
that of the husband, and the slave over that of the master. Regard*
in|r th#^^' four kinds of power, when the teacher has taught the
Miholar his craft, and they are living together, their property is in
rommon , if the teacher shall lend to any one, a cart, boat, buffaloes,
<»iea, horses, or elephants, without the scholar's knowledge, he shall
riot diiipute iiis right to do so; as their property is not separate, the
teacher has |K>wcr over it. As regards the scholar's power over the
(property of the teacher, he may give it over in charge to the scholar,
&nd theu m ithoiit his knowledge he has no right to give or lend it to
dtiv «>oe. If the scholar see the property in the possession of any
«MH' to whom It Iwis been lent, he may, in his capacity of steward, if
Ue wish to rlo so, take it from him, and he shall have no right to
jlead thiit it was lent him by the teacher. Why is this? — because
the ?rholar i> the steward, the person in charge of the property. If
th*' scholar .^hall lend any pro(>erty, a cart, btial, buffaloes, oxen,
tior*»t'>. <*le|)liaiit^, or any property, animate or inanimate, the teach-
• r •hall ha\e no ri^ht to interfere. Why is this? — because the scho-
lar bein^ the steward, borrows and lends with others as he needs;
\\e ban A riirhi to lend, and the teacher none to interfere. As re-
trirds biiyinir and selling, inasmuch as they are joint proprietors,
}\u' scholar shall not sell without the knowledge of the teaclier, nor
be wifhout tin* knowledge of the scholar. As to giving away or ex-
changin;; outright, the scholar shall have no right to do so without
tb^ know led^e of the teacher, nor the teacher without the knowledge
of the !(cbolar Though it is thus said, no fault is attributable to the
rvcfwcT, tbe buyer, or the jK»rson who exchanges; it is only a matter
t*<*twcen the scholar and teacher. One shall not sell, give away, or
barter any of tbeir property without the knowledge of the other, but
:i« thf» |M»rson w b<» parted with the property by gift, sale, or exchange,
■ m\ no riirbi »•» do «o, I be rerener had no right to buy. or accept in
C9
o\n
odgSyoSc^ioDoSooogSo^Qd^oooc^i odgSoogStQ^ooStcgoSM
oocp j^§ ax>g^og8ooo§8ily|8r^i adj{GcpoSo2)8 Sg^f^oocpaj
99^t(flci9o9§Mi oocpg|od2o9og^cgo5c|>gog)8a||BcgdS69i
9goc^8tr^oo9cas6«iGdg8o20D§cx>9si co^Sg8c^Qd^io&A(iAi^
d^oooogSiiQSidlci^ogoo^odoii ^Sod^oSoocj^i ittySooccpoS
9<fM oo^rJ^d^Qdoo^iC)8d§Qdo|^8ad§8j^§ on^pofagQi
ggSf ig|cgf;g08l<fc$r^^(»Scei8oDj^a>9tc§si ^aNt^^!!^^
gSMi G85ea>9^s^g8Mi j^SgtCQl8»eoS^cf<pc^yuuj
08^5^0055 c^oogSidg^eSiojcx)^! id^^l
Og^l8cDj^§099SGgtlOg|^|8o3d8l 098j^§ Q000lo8|
OxB^t Om8& (^@9t C0990dC@o8lGdG|^ I Oogtfl^ODgtl
^^@6§ §S@t^^*" odgtcot^lt Q9o5oog5G^i*'o^teo8bci(j|d^
d^cooSf ill
178
gif\ or exchange/ let each return what' he has received. It shall not
be said that he (the receiver) destroyed, stole, or received stolen pro-
perty ; no fault is attributable to him ; let Ikim be free from blame;
only between the scholar and teacher a suit shall lie whether they
had or had not a right to act as they have done. If a suit shall be
entered, the judge or governor shall inquire into the case and decide.
If the teacher, knowing property to belong particularly to the scholar,
shall dispose of it in any way secretly, let him be found guilty of,
and punished for, theft. If the scholar shall dispose of the property
of the teacher, let him not be sentenced to punishment; let him only
restore the original property, — as regards the punishment, it refers
to criminal punishment, not to compensation, and one hundred or
one thousand stripes of a ratan may be inflicted. If the offender
would avoid this punishment, let him make an offering suitable to his
fault to the thoogyee, the head of the village, or the governor. The
law between parents and children, masters and slaves, is the same.
As regards a husband and wife, if it is a couple who have never be-
fore been married, or a couple who have been married before, all
property acquired whilst they have been living together shall be set^
tied in the same way. Notwithstanding what has been said of teach-
er and scholar, parents and children, master and slave, [or husband
and wife, if the property be separate, and under the charge of sepa-
rate people, or if they are not on cordial terms, but distrust each
other, and one shall without the knowledge of the other, give, lend,
or exchange any thing, it comes under the head of destruction or
fraudulent concealment, and may be made the matter of a suit at law.
Thus the recluse called Menoo said.
K.ND OF THE SIXTH VOLUME.
n
Qj5Doq|c^cx>^gc^»
^^OOOOSOODO OCOOOlOd«[COCC300l20gOa3g|^aX)t>
icS
woooax)
§§ud^^caoDOOC|psoo2oo5cgocS'jlti
J a2(>oooto9co8r^8sc^o8scc>9ood^i
^ ccx:>o8tooQ^sco9od3^i
g c20oo)sg|oc^(goSa8sg8sod3^i
30 g|oJcODO0d)^l
9 3 ^oSftotccooad^i
3p »8scoeo«Od^i
36 02^c5c030€)O30Sfi
33
A^se^o1oS§co3Si»8«dbco3Si d^^gso3(jg03§8cgo§cot60^
3a o3oSccooocp«i
30 adyod98tode^od80cSc^Qc8^»cS§o2^f^^Gj|6(^
LAWS OF MENOO.
HIE SF.VFNTII VOLLMK OP TUtL
CJREAT WORK OF MENOO.
f trnr>hip the f^od irho is worthy of all homage, who possesses an iuiui-
firr knoirlcHfft of good.
1 ONTENTS OF THE SEVENTH VOLUME.
Tlir MxUTii cases ihal slihll not be protjecuted after a revolulion,
and another kiii^ has succeeded:
1 Case*" of rape when both parties are free from another cngage-
Nirnl.
*- Adultery in a man or woman.
'l Bets, larjre or small.
4 .Murd^T
•"» A>^aii!t.
'• Ahiisn r laiiiX'i.ii/r
T Theft of animate or inanimate property
*• Cheat I II ^r
*.> De-tnirtKHi o| propert).
in IMcilirr or «i«|>oMt ot properly
I! Taking po,«<-.r>sioii ot'pniperty tor debt.
I J Matirr" mniieeted with duty or taxes.
I:{. I't ♦ > lor the services ot chief ':« (king's) me8^ongers.
I I. V'A\ lor prote5Monal hervices.
|.*» Part pavmeiit in advance.
H» Taking: po«*>r>«.ioii of property by force.
In ttirse fii\tec*ii ra>es, if before a KUit has been C4»mmenced, or it
-« <iiit )).-)•« Ix (Ml conimeiiced and before it is decided, or if decided^
tiid iM'lore the decree tias been carried into execution, a new kini;
^ImII ha>c -iicceetled to the throne; if there ban been a rev(»lutioii.
Hrid rhaiii;c in the .•<tic cession, even should the party (agaiust uboni
<be decree is ^i\en) t>e in tlic act of weighing out the amount of tlic
*~^»fnpensation or restitutioa, the succesfiful party 9hall not obtain it
♦• I I lie other t>e tree.
17 The law ot evidence
I** When a party to a •>(iii, not knowing the part iclllaf^ (d'lt, oi
-^f!» r ot their occurrence, eiaininea a pcfboii who di»e!*, before wil-
egogtjl Q»g§9K<ltO3(^^K|}Og£aB00C$ao»l0acQSt(M2DS
3C 3j<n8ifla|r§a28§cSjoSsp.oDgto2a8ioo9ijflg|8giBa»
ooepti
J 3 ca>oo§|oij^§8g(§co^o8o3Si:flco}§c^3jng<qH<g^^joS
J J 98lCc5^G|f 32cgo{^COOOc£o3e|f It
aocS'cgsaSoliiQOgotfjEacx^dlit ngj^osQoifjgioooSbacfliMbi
COOOOOCj^tl
Jg OgS^t^SlcglSgOtCOSOOOGQtl
?3 ogiJa3^cSe@icpioo«iJ(r>eogi«pca|g6^ao»Sa<»5tt>
sSco03Ei(§330ic§tc^6oepca»cnG{pti
?j og^aDgSoDofioflrocgoSogoi^i osc^tTooolt aj^^uj^oAcnJ}
pp 09aS§03c5^g|on^io5c^tc»oc£|§o3j^^j'^ct{)&Mat
coySwceScgteosooxnti
P9 <^oac^§o3c£^g|or^SKu1S9a2»o{$^02°^^S°*^
,j|g|
180
nctises, and he, after he has stated what he knows, shall give diflferent
evidence in the Court, — the law how to decide between these two
parties.
19. The law whea a person interferes to prevent another beating
his slave, and the slave runs away.
20. The law when a person comes (to the house of another) at un-
seasonable hours, and af\er his departure property is missed.
21. The law when a man or woman destroys another who Jives in
the performance of moral duties.
22. The law regarding the six persons who are to have the road
yielded to them.
23. The law when a degraded person comes against an exalted
person, not knowing him to be such.
24. The law when a person has released his slave and reclaims
bim.
25. The law when a slave or debtor is made a priest and released,
or a slave adopted as a child.
26. The law a9 regards the twelve kinds of slaves, the four accord-
ing to the (weenee) sacred books, sixteen original slaves, and seven-
ty-five proceeding from them ; in all ninety-one.
27. The case which occurred in Benares with the Thatay's daugh-
ter, when the younger sister was a slave in the house of the elder.
2H. The law when an elder slave runs off with a younger one.
29. The law when adult slaves run off together.
IW. The law when a man and his wife, being hereditary slaves, run
away
31 The law for the division of the children of a slave who has run
away and bocumc a .^^lavc in another district, between the old and the
new ma.Mer5
Iti. The law when a slave, having run from his master, attaches
bim»elf to, and lives under the protection of the head man of another
di*iric!
Xl Thr law for redeeming animate or inanimate property pledged
for half itM valur for a specific time, before the time is up.
'M. The law when the same animate or inanimate property i^
pledged again for subsistence by the person with whom it wis origin-
ally pledged. '
35. The law when a child or slave is told lirom want, and returns
to his original master or parent.
pe. <^o3fS^ooc6^oooxd^a3iS<xiot^o<iSojco9a^^oi^t
pn 03SooSrg£oo£eo»ii
90 ng)^aooic8iggccajrf§a3C]?^o§^i^ecpSlC3Wcio^i» "
o i»cgo53jq£io3^£3s^5|y8tfotooDoo»tjtjci8aBjpi .j,
J 3fwu»t3)co&<^^ie@o5iCK»aQji -•
Cfucx>oisfco8^taog5t»){^ocoo9c«t
co^i»o8Oi8§8ogSooo5^pcSo3^«8^O0og^»i CplgoC^
9 o^^M03D3Do5o a»as J«
3^a3C03330ScC00!]3J^I=j6£lC2^0$J^6ult83}p&ai^|tl
OBi(0»iajgcS<^eoMi»^«^£ijoi agtggxygSi 1, iwOliI
-aa^tgC033|lOQCplttCoSt093i
181
'Ul The law when (he ydine animate or inaDimate property, child,
or fields are sold, and resold, from want, by the buyer.
37. The law defining the seven kinds of slaves whamfty not be
employed in labour, and the seven who may.
:38. The law regarding notching the bark of a tree.
39. The law when the head of a debtor's child, or slafe who has
been given to serve the creditor, is shaven without leave.
40. The law when slaves or children, gold or silver, aDimate or
inanimate property, la Molen and sold.
41 . The law when fields, gardens, palmyra or cocoanut trees, aie
sold in the absence of the owner.
Thus having given the list of the furty-one laws in this seventh
volume, 1 will now lay them dowa at length.
I St. Cases of rape when hatk parties etrt free from another engage^
ment.
If the parties are free from any other engagement, let there be uo
prosecution for a rape. If a suit has been instituted, one party
pleading mutual consent, and the other denying it, and it be proved
that the act was committed against the woman's consent, and theman^
on his* refusing to live with the vroroan, be ordered to pay her e€>ni-
prnsation, the decree shall not be carried into eaecittion. If the
ptrtie)^ were consenting, and nothing said about it till the woman,
6nding herself with child, sues the man to live with her or marry bei.
It i«i a matter of mutual consent ; no case in which vriofence has not
been u^ed shall Ik* thrown out.
'inr/. Adultery.
(\i>cs c)f adultery, a man or woman seducing the wife or hasband
v\ antKlwr. fhall be thrown out.
'olrd Bits large end smM.
Id U'ty, l.irrrr or >mall, t)K>ugh the money may bave been paid a
.«bnrt iim<-, if the parties have not lef\ the assembly in whrcb the Net
wa> made, it .shall not be considered as havmg been paid ; let it be
rc-turned If it ha.^ Iven paid, and the winner ha^ gone beyond the
preclnct^ of the assemtUy, it shall not be returned.
\th Murder
A^ rejr.->rii> rniirdrr. i( ma) be committed by relationt^. or by lli09r
«K(i are not related If they are not related, let the case be disttiis>-
e<l If they are related, fhe payment nf tlie debt.- of tin? deceased,
and the 9U|»|iort of his wife and children, shall not be enforced, but
the oflinder ►hall pay the funeral cxptu^cj. Those cf the same fami-
ly cannot be relt «ujtd from thif.
^5
on J
9 cocScgfaoja
ftii^i o{(rd^i«aj)9aSg88i^8td^aS^a^coa$fa|^«^
j^oScgfyoligiajoocSi cgyoSocpStJIfcpcq gcttocioo^ ^
c^ec9o8nc§gcSioo(^o9i oed^d^a
oDoS§oDog^g«ogcpjpi9goc^8tooeSSgc^gyqMtft5^
fi^9to5|Sc^c»icoDc^oSgQC^|coc)Si^tojyotg<^co^
o cg^o6c^ootccoo90){i
e O200u1tggDrl^c6dBtoax>99ji
o20Do)tego<^i£g8tioot^j^d^^cSg8i (iM§ra»|)iMi
182
'tlh. Tkt laie of Assault.
Kegardiag usiult, if by pulling the hair, kicking, buUng with
th« elbow, pulling about, beating with a itiek, a qwar, a sword, a
miuket or other weqion, I he sufferer has his limb brokeD, an eye
blinded, or is much hurt, falls off in fleab, or is unaUe to walk, irhe
has been stiucic by a brick, a stone, or has been burnt or set on fire,
these are alt cnlled " assault;" let them ba thrown «at.
Gth. Abusive langwige.
At regarda abuaire language, there are twentjr^igbt dascriptions :
Isi, calling another a witch ; 2nd, ■ murderer ; Srd, saying that he
(or ahe) caused the death of a person bjr pushing him over a preci-
pice ; 4th, a thief; 5th, an adulterer, or seducer of the children oT
others; ttth, a deMroycr of the proper! j of others; 7lh, sajing heh!
Rth, or hneni; ; 9lh, idling a pernon that be it a slave ; Mtlh, degrad-
ed ; llth, blind; l-2th, deif; I3ih, weak in l>ody ; 14th, deficient in
autngtb, or some facuUy ; lAth, a siuiteret ; I6tb, bow-legged ; ITth,
broken; l£th, a leper; lUtli, itchy; SOth, hu ring-worms; Slat,
white spots on the body; S-^nd, crooked; 38rd. aqumttng or crook-
ed; 34ih, Icgkss; 35th, aimleMi ; 2lith, Iw^reiic (in hi* <i[)inio{t> ;)
27tb, user of lind language; 'JHih, (not given); lhe»e are the prinrt-
p^l terms of abuse. Beaides these, tbcre arc telling a man that in
giring evidence he had said thai what was not true was so, or thai
uhat was (rue was not ; these aUo come under the bead of abusiTe
linguage. I^'t ilirsc cases be thrown ouL
7(A. Thtfl.
RegaT<ling theft of property, animate or inanimate, if the prt^r-
ty nriginally Molen lie found, let Tbe owner take all which is proved
to be so found. If the thing Molen be dead, loat, or tbe thief has
roflnunicd it, let there be no suit for its recovery, nor shall any com-
pensaltifn be pai<l.
*>*h. Chtating.
Cases of imposrtion of counterfeit goM or silver, or oUier thing,
by «hich quarrels may be excited, shidl also be thrown out.
9th. Drslnietimt af frtptriy.
For the destruction of the properly of snotherby Gre, swMd, spear,
'w any other means, no suit shall be anicnaiaed.
DO ggOCCOOC»SI
QSs@3i9|oj§S<}8ol3§<£i(X)gs9|oc^o3gtcgi oddBftoddBSi
Jg8sg|oc^^§g(S'ooosG|pi3dc»o§odej|ocSQ^i q8oac»9§8i
O€8lO05ce02^^adC[>C^O308^0000^Sd
0 D o^oSootooDooaji
co9^§o9^ic^todcc|i8todoa9§o9^ad^f|Siog8Q6@9^
foo^g|oc@o§»^^cio38a>^oaflot^oSo8&»eS^^
Gdeoscgo8o85«^oSo9^cpj^8g«oc€)i
0dSOX>cSc20d^CX>OSiC^SCO:>0oSi 00gScO90(£l C08l6Q9OC&|2
Q9gScx>c^<KooooS§^cfooS^cnoooSsoaSQGooooS»3t^8i oao8
c^iOdGg^ccoooSGjj^Sco^socei
OCOOltf8tC80dC^feOl8cO^CfOcS^Qd^ODOOG9l
183
lO//i. Pledge or deposit of properly.
g ! there arc two ways of depositing property ; one is, wliea
1 to another to be taken care of, the other, when it is depo-
le earth. When property, animate or inanimate, has been
with another to be taken care of, a suit may be entertained
overy. As regards property deposited in the earth, with or
I guard being placed over it, if there was a guard, and an-
H>n dig up the treasure with his knowledge, if it be net lost
red, let the original property be recoverable; there shall be
nal punishment. If there was no guard, and the property
) by anotiier, even if the original property be discovered, it
be recoverable, there shall be no suit. This applies to this
Wth. Takinif possession of property for debt.
g ! as regards forcibly taking possession of property in si*
of a debt, or for other cause. If in the district there be
ho have bail dealingB in the bazar, and (there being money
fome account, between them,) though only a small sum is
h properly is taken pos.session of, or much is due and little
i.session of, no suit shall be entertained for the recovery of
s. Wlieii property is taken possession of for debt the pro-
y si»all not be suecl for, the original debt shall be recofera-
rrijards property taken possession of for a debt, due on tc-
a lo^t bet, l»otb property and debt shall be thrown out.
Vlth Mattirs ronnrrfed trith duty, (taxes.)
ards taking toll, there are the bazar tax, the tax at landing
id transit dutifts , if these duties or taxes are not taken the
are duo, they shall not be recoverable afterwards, let them
•ne ; and if tin) much has l)een taken, there shall be no suit
•cover V of the overcharge.
fhr fair rrcurdinf: fres for the serviees of ekief's (king^t)
messengers.
]\na kin;^ s inosi'Mgers, if in demanding pay for (their ex-
a) lau (stilt,) or demanding money due (to others,) or ni
iiid thov may make on any account, they even pniduce a
romiM* that the demand shall b<; satisfied ; if it be made af-
>lution th( y shall not recover it, and if they have taken
n their due. it shall not hi* demanded back, let the claim be
Ml
ao9
9 9 9ooulEo3tq^ocx>3tt
<jg33^i6jl8ex)cJ)8j8i Go)8og8g^o|^t(^sa9@9ti||d|f c|g9g|j|io2$
08J)C8I Og8<ODgScJ^MtCl^QO^oSgoSd^OOgS8dd^l
ODgSoOj^8cC|^oS^8co«o)tf^l QCOSC03Sl J0dCg8ll
x»c8<9oooS§ oooS^rlg^solcei goSd^ci8<c^cotJ)9g^^og&
^8»oDQS0otfi^^o^goScpcliclgd^c>3gSc^c[cSco|8QCcpqS|^
«ei QCotJ^8oceo{^oDoo^ti
Q8t@siO>^a3c£§oo(^^tfcx)osQ9o<q90^fd^4l^|Sfp|S^^
§Od^tc^cg^cx>gsQ03oo2ooc£oa9cx>8jot9^Ma8 9^StdB&»d>
g|Oj|S6^8oo€^seG|j2C8i ia>oQq<»9j^cQo§oo9oqa9j|88gogS
CdcoDoSs ad8osc@of »cotJ^83 odccx>o8 cdq^oj^^
184
\4lh. Pay for projefsional sercicef.
I'lie pay of a pleader or advocate also, even if a written prouii2»e
fia3 been given, shall not be recoverable ; let the claim be thrown out.
And all remuneration for nervice;* connected with superior know-
ledge of the iirts, or scientific acquirements, shall be thrown out;
there shall be no plea that the seven months, within which it is laid
down that remuneration for such services may be demanded, has not
expired ; let the claim be thrown out.
loth. Pari payment in advance.
Oh king ! as regards throwing out the claim for tsayan, (a pledge
given that a bargain shall be completed,) it is this. Amongst men,
in all mercantile tranactions, there are three descriptions of pledges;
a redeemable pledge, an irredeemable pledge, and a pledge which is
to form part of the price. This last is not called tsayan, which is
any thing, animate or inanimate, given over with an engagement that
oQ a certain day the price agreed upon shall be paid, or the thing
given over shall be forfeited ; this is called tsayan. If before the day
^reed upon, there shall be a revolution, and a new king on the
throne, thi.s tsayan shall not be recoverable. If the party who gave
It c«n pay the price agreed on, let him do so; if he cannot, let the
case be thrown out ; this is laid down.
HUh. Taking possession of property by force.
Oh king ! if any one shall have taken by force the property of an-
cHher, animate or inanimnte, his wife, children, or any other proper-
fy, and if it be still in his hand^, let the owner recover it ; but for
uhat has died, been lost, or expended, there shall be no claim, and
no punishment (for having taken it.) Let the original owner have
back all the origiiihl nropcrly found. A man who cannot pay the
c4>mpen.<ation for his Inst, and has become the slave of the woman
agajnst whom the offence was committed ; a man who has seduced
the wife of anoihor, and l)eing unable to pay the compensation, ha»
become the slave of the husband ; a man who has become the slave
of another for the amount of a bet which he is unable to pay; and
<ine who being unable to pay compensation for an assault committed,
lias become the slave of the person assaulted ; these slaves shall be
free.
Indemnity being granted m all these cases on which it has been
ordered, the country will be quiet and peaceable. Let the oflTenders
he admonished not to act agam in the same way, and the matter be
^t at rest. This the sage recluse, called Menoo, said.
1 7/ A . Tkt iaw of evidence .
Ob king ! any man who, whether he is produced ts a witness or
Boi, is in the habit of not speaking the uuth, but of using deceitful
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^afcg«ar»r, -wlio calls lUe ehlcr hrotlier ihe younger^ and the jrmiQgief
I he eldrr; tho <^reati'r tlir lej^s, and the less the jjreatcr; good, bad.
Olid ba4^ ^inyd; aird is ;iu haUUual iiar; 'h( <m be'img prodn^ed as a
M'ltnt'ss bf'tu'eea xwo parties, he -chies not stale the trulii, but gives
i'.]|^e eiid(!noc, let liiin be made to beg for ten or fifteen days at the
hou^ of the i^ersoQ wJio has sufiered tfoM his false iftstijiiony, with
hiii face blackened, his body uhitjened with lime, naked, and with a
brciken pt* m iu:^ hir.ii ; aud after this, let him be banished fron ihe
•coujitry, aiKl his word uot takeu ?gaiij; he i« to be catied (Papa) a
•degraded pcivou.
J**/A. Whm u pnrtif In n suti not ktwirin^ ihe parilcuUirs of i#, nr
^hr i»rder 9/ f heir occur r^^nce^ ex-aminij a person Mck§ does^ before.
tritncssi}\ and he, after he has stated what he knows^ shall girt
^/i^ermt tr.idcMre in the Courl^—'^du law as /« hmt i§ decide he-
firceu i/u parties.
\\kn\ twd pe(:j>lo hnvr a law snk, and on one of the parties uying
tb.il hr tl()r5 not know the or^or of 4he «veias coiMieclied witk it, a
• \ht4 [^^^^ r^h.di (k'daro that he does know, thai he was an 4;jc
>Aitne>?«, and heard, and recollects iLeiu ; and the fust party shall call
the nei^libi^fiTs \o witness theJ«c i?oTd5, and \ hey jilate that (hey liear
diriu, aud /bt' i^itntii^s AitkW anj **iet tboca hcflr tlietii;" if when ibis
^Hri4»u IS j)r<K}tcced as a vviiiie»^s in cmirt, he ?*hall say ha does not
Khou, ili.M he cUd not yje tlic transaction, b»t lnin1>e nroj^ctited ; aiKi
n* K f^ [irrned ^h«H \hs evidnorx docf jjot a^ree with Bis fomier fitalo-
rn:'iU. ici Liui pnv to the party (ivho called hnu) ali he may have €^-
l>rndrcl, niuJ (h^ co.in \»fi)ie !;uil; and as regards the crrmina] pun-
j\)im^ni he in?-, Iv •^cui r<KiRd the lown with t\t gong.
I*)fk. Tl.r hiw irhrn n prrstm'tntcrfrres to prevent an tU her' froA
hiat\v*f hi> ylntpc^ 4ind the slave runs away.
^ >h ViBj^ if >klH n u ui.ui IS r.itfrectiH;^ his slave l)y beaiiag Lira,
AiHihrr Irarin:: tli.ii he will be hurl nr have his limbji broken, shaH
^.i) '* !Utv iImt^, * * ^'o then\' and the sdavc getting awaj ah Jo!<, Jiad
• •ur, r««r ilir aihanijcr (nfthc nia>tt'r,) siiall take from him the yex^
jM'fty he nn^'br h.rvo d.'^nroyrd, ft nm-^ WW !>e hiit. {fit be thfssh«st,
••r >t<f{rn irmn i\w' plao- ui iAhK*,b it u»4 ^lepcisited, <aJtb<»ogh it uvu
*i*^ue for ill.' .i(Uni»f ,!;:«• (t»f the oit.'ttrr,) jf it be JMtiorioiis that it 1*
<..*i, Jf I U'lii iiH>V fnr ii, nnd if iie cannot find it, ♦et hiei make it
^K\itA ^V hr !• ti.i>' — Secai2«r^ in forniec tiiwv*, in die CdunCry <^
K^'iiofr^, .1 <irk man Ixini/ Mnabh* lo iiaJk uas l)ing beneath a paJ-
imra fr«-r, aii<l jn^i a?- .1 ripelVuit i%a> <.buiif to fdJ], a crow In^btrd na
i\ ifui It iJTc^it I'll (hv Mck niati, aut! 1 me iiC his limbs was broken : ihr
^u\l iu'jj II' tl ill' ou 'i-r f the tier, ha the fruit feH from his tree.
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186
iho owner j^ai<], "n crow sat on it and caused it to tall, I am not ift
fault/' On ^oinrr to the recluse, (he said) "the fruit of the palmyra
<ioeM not fall off by a crow li^htin^r on it, a m?n must use force l>e-
fore he can get it otf: in this instance the crow happened to alight at
I ho time the fruit was at>out to fall o^; the crow cannot be prosecu-
ted ; the owner of the tree bears the bad and enjoys the good ; he can-
not l>e hehl free* of responsibility, let him make reparation ;*' this hav-
u\cf ordered, tlie owner of the palmyra tree had to make compensa-
lioii ; — for this reason, the time of the palm fruit falling and the crow
ali^htiufT on it, happening to come together, the responsibility of the
ownrr of the palmyra tree is stiU a proverb, as the owner of the palm
irec had to make compensatttm. Thus the lord Meiioo, the son of
the king of ByinaliM, said.
"ZiUh. The law xrhtn a person romcs (to the house of another) ai un-
seasonable hours, and after his departure ^ property is missed.
*'(>\\ king ! at tlie time of my brother's coming my ox was lost, and
he will not repay ine the price or make it good, Im* ought to replace
It ;*' the )M>rson who was the visitor replied, *' 1 did not steal it/' S41
they came before tlie sage recluse of Benares. When be inquired
into the " time * and " place," it was at night: that the |>er8on came
havinjr nn nirtriiun for the other, and wishing to become great friends,
and Ik said hr (li<i not steal (the ox); the woman, the owner of the
<>x, «tnid, *' f»ii inv brother coming, and whilst I was in conversation
uiih liini. 1 coiiUl not shut the door of my pen, and because 1 con-
fiiMM d III 1 :»n\(r>ation with my brother, my ox was lost." The time
\%.T» nil im[)ro|Hr «me to come; (the visitor) is not free, let him seek
for flt<* r>x and inakt* him over to the woman ; if it cannot be found,
b't It \tv rcplarod by another; this the sage recluse said; and from
that day it brraine a saying, if the time and place were improper,
and any tlniii; hnpiiened to be lost at the time, and there were any
jroiiiid^ for >ns|nrinn, ** at ike time my brother came my ox was
^.^t * 'riiii-k ibo rpcliise said.
v!l'/ The latr irhrn a man or woman elesirot/s a person ttho iices in
(he fliseharffr of the moral duties.
i\\\ kiiiu' if any innn or woman shall destroy a person living in
\\\v ili«»clrir::< of ibo moral duties, and if the |K'rsim jmi destroyed was
not con!»rii!mi; ; if \\\v king, the governor, the lh«M>gyee or su|>erior
of tlic town, on <'n<]iiirv shall find it proved that the person so livinir
on bi^ ciHHJ uofks was really destroyed, the fx^rson who destroyed
ihr otbrr "ball U bravily punished criminally, but they shall n(»t
)i\\v any derision for damages. Why is this? — because a llahan
wli4» perfectly fulfils Ins duties; a Bramiu of ahighcasle; a man
\«bo IS a strict |HTforiner of the moral duties, of good sentiments, and
trn^ted in b\ men: or a woman whoM habits are the same ; a per*
Dna
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187
%im tn his dotagr from acjc ; a child iioi of legal a^c, anJer Icn yeaM:
a mad |MTS4m ; — these seven descriptions of people as they linve no
wish or intention to kill another, there shall be no comp^naatitin.
Thus he »aid.
*^2h(1. The Ifuc rr£j:nr(Jin£r the six persons who are to Uaec the road
yielded to them.
Oh exceilem kin^j ! if llic six classes of persons to whom the roail
^iKftuld be yielded, happen not to have it yielded to them, and are run
n^nmsl, there is uo compensation to be paid tlu*ni. TIkey arc llicse ;
a Rahun : a member of the royal family ; a Rramin ; a great, good
fnaii ; a physician ; a man accpiainled with llic Vedas (an astrologer;)
these are the six, antl to them inferior people should yield the road.
Whv is tfiis? — because Ilahans have studie<i the Vcdas and li%e ac-
cording to live mien of tbeir order in the perCbrmauce of good workrt ;
n)end>ers of the royal family are the chief amongst men; physician5
have siutliod the books regarding the four elements, and to relieve
mankind ; Bramins. I>ecaifse they have used great exertion to learn
the four biH)ks of ilu; Vedas ; lords and chiefs, because ihey are ge-
nerals; and astroln;jers, or fortune tellers of whatever class, as they
havr studied the Vedas and book of omens, and expound them to all
riifuers, and tell wlial is propitious or otherwise. If an inferior per-
MMi *«b.ill not yield the road, and run against any of these six class-
« * of pors4»ris, ibcre is no fault. Why is this? — because tfiey are
men who exert themselves in good words and works, and to support
tljeuj-elves in a beooinini: way : even if they are struck against for an
instant, i^ood men on^ht not to take compensation. Though it is
iliu^ >ai(l, if it xias not an accident that the road was not yielded,
but tioiu* intentioiiilly, \\i\\\ a dcterminatiim not to yield, although
knowing ilie person (rominix) to be one of the ab«ive classes, and
the (dfi imIit ^UaW forcibly come and strike against him, let him be
P'lni^brd criiiniiilly to the extent of (me thousand stripes of a ratan.
IleMdts tln>, hIu'ii any one is riding along on an elephant, let a ri-
•liT on a bore yield the road to him, and let a f^iot paKsenger yield
to a rider on a horse; let a scholar yield to his teacher; children
to ibrir pnrrnt** : the y(»unjjer brother to the elder; li.e younger si*-
I* r to the rider one with a light burden to one with a heavy one.
If these seven do not yield, and comc against each other, let tlieni
make .in otTeriiii: ; and if any thing is spilled or lost, let them replace
It It tlx-e sr\cii p(M>ple who have now been laid down as the party
ii \ i< I<1 the roa<i, ^b;ill not i^ive way on any occasion when they ought
to ha\e done hi, and the |H*rsoD who ought iMit to yield, the greater
jK-r^on, or the Inarer of the heavier burden, shall in yielding to theiu
meet with an accident, let the extent of the harm done be taken into
ron^ideration ; and whether the parties arc related loeach cHher or
not, if death lia^ h<*en the consequence of so yielding, let the oflen-
• tc^^^ozMs^d^fllt c^§a>a3^» e^ocxosocaS* gBcaoSoo^
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IS8
f\vT .siifTer the pliiiishmcnt for causing iloallr; or if » hurt bcsuflereil,
**r .1 limb broken, let the otVenJer pay compensation acc<irclii»g to hi:?
cla**H for such injury or fracture, (ainJ if ^ath has been the coiise-
tpience,) let him bear the funeral ex|]npD9e9. Though it is thus naid,
whether it be the elder or younger, if there F>e any sufficient cause of
f»-ar of danger from another quarter, there sitould be no ptmishnient
for running against the other, though death or kacture be tlie conse-
quence ; it is a concussion caused by endeavouring to get out of the
\vay of an inipemling dai>ger
'ZiWd. The law irhcn a degraded jttr son romes against an eialted one,
not knowing him to be such.
Hrsides this, if in a crowd one runs against a person, not knowing
him to be a great or respectable man, there m no fault. Bcnides this,
if any of the persons mentioned above, who ought to go about in
-urh n way that they canitot be mistaken, walk out cfi^guised, and an
inferior person shall come in contact with him, tliere is no fault.
Why IS tins ? — because he comes furtively, without any thinj^ to mark
his rank. If a queen who is not known to be a queen, shall go to a
mail, an<l he shall have connection with her, there is no (ault. On
ihp *«ame |>riiiciple that the owner of a field has a right to kill a pig
nhich comes into it at night, without a yoke, to eat tlie crop, or that
the owner of a garden was held blameless for killW^ a certain king
i« ho entered it without having any marks about him by which he
• • HI hi U' rr( ogniM'd as a king. For this reason, nothing that is done in
ijiiorame >liall he considered a crime; thus Menoo the rechi^e said.
2ith Thf tntr irhen a person has released his slervr, amd shall again
claim him as such.
i Ml kifiL' ' after the master of an liereditary sfave, or a slave Ixmglil
rii lii> own p<TMMi. has taken the price of his redemption, and said
Sffiire witne^es that he did not wish to keep the slave, ami the slave
• hall have ^niir to live in a house of his own» by his own hearth; it
tH impro|Mr for tin* ina>ler to say ** thot man was once my skfe ;** if hr
f*.*f^ >ay ^o. let him 1m> punished criminally. If he shall say ** that
man should be my slave," let hhn who once was the master, pay ar
^iirn eqtiivalriit to the value of the slaie.
l'»th The liiir irhrn a >lare or debtor is made a priest and released^
or a start aelopted as a child.
Oh kiiii! ' it after a fla\e has been adopted and given in marriage,
fhe master who adopter! him shall say ** be ought to be my slate," or if
after he has made a slave a priest and said ** let hiin be free," or a cre-
Hitor having said " I will not demand the debt due,'' shall make the
<i«f»tor a priest, and tliere be witoesses; if the person to whom the
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J
189
••lave was given in inarriajro sliall die or the couple shall separate, or
the (>ersoii made a priest sliall return to a secular life; and the mas-
ter shall say '' the person to whom 1 gave my slave in marriage is dead,
or they have separated, or the person I made a priest has quitted the
priesthood," and, breaking his promise, shall demand that the emanci*
pated slave should return to slavery, or pay the debt, if he be a man of
a good class or family, let him be banished from the country, and
let him not receive what he demanded. If he be a roan of low class
or family, he may lie beheaded, or his hands or feet cut off, or he
may be punished criminally till his body is sorely bruised, or be-
comes thin and wasted. This is not a law of the Damathat, but
comes under the head of Yazathat, or Papathat ; so the subject is one
for consideration.
In another case : if a degraded person shall break his promise, his
head may he entirely shaved, or it may be shaved in four patches,
or he may be set to clean elephant sheds or horse stables; in these
ra*es by <leciding so as to shame the offender, the law and the king's
order, Datnathat and Va/athat, will be in accordance, and the country
prcv^perons and happy. Thus Menoo the sage recluse said.
*2i\th. The twrlvr kinds of slarrf.
Here follows a line of Pali, which is translated thus: — In all dis-
putes regard iii^ slaves, wise men shoidd decide with the grcatei»t
rare : they should not lia\e regard to the power or the family of the
party, but <lecide ihe rase c»f slaves impartially. There are twelve dc?*-
«ripiions of .s|ave>, whose rases may l>e decided on, and in the sacred
lH»oks, (Weenoe,) iliore are four, in all sixteen, which are these ,
1*1. a slave m\t'ii by the king; 2nd. a slave who has become so from
\**'uij^ unable to ))ay compensation for abusive language or assault;
'\fi\, a slavt' luroiiM >o for tlieH : 1th, a slave taken when a country
I-* destniyrd . .'>ili, the slave t>f a relation : 0th. a slave born of a female
«Ja\e ; 7th, a slave l>ecome so in default of payment of compensa-
tion lor hoiniciih' or other cause; Nth, a slave offered up to a coii-
i«ni or pa;:iMla *.>th, a purchased slave; lOth. a slave giren by
grand-parents, parents, or friends ; I Ith, a slave hereditary in the fa-
mdy . I*2ih, a slave pledi;ed f€>r four or five tickals of silver, or for half
bi* price: these arc the twelve kinds of slaves. As regard* the
(tniT iiinied in the sacretl l»ooks, they are these; 1st, a slave bought ,
2nd. « ^l.iw b'ltn in slavery, (in the hou«e;) 3rd, a slave Hken lu
91
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J
190
battle ; 4th, a slave who comes of his own accord to 8erve ; these are
I he four.
The three kinds of slaves given by the king arc these; one, given
to be a slave hereditary in the family ; one, made a present at some
particular ceremony ; one, given casually, saying, ** mAe use of
this slave."
Of slaves who l)ecome so on account of abusive language, there
are ihet»e two; one who, not being able to pay the compensation to
the offended party, becomes a slave to him ; one who, not being able
to pay the compensation to the offended party, becomes a slave to
another, to ensibie him to do so.
Of slaves who l)ecome so on account of some criminal action,
there are these two; one who having stolen the property of another,
cannot make restitution, and becomes his slave; one who becomes
a slave to another parly to enable him to do so.
The three kinds of slaves who become so on the destruction of a
country are tliesi» ; thon^-ya, let-ya, and pan-ya.
Of slaves who ;ire relatives, there are the^ ; one where the master
and slave are descended from a common greatgrandfather; one
when they are relations but not descended from the same great-grand-
father.
The four kin<is of slaves born of a slave mother, are^-one who is
lM>rn of an lieriuiitary slave woman ; one born of a slave purchased;
<»oe born of a woman being in pledge for a time, (for a debt ;) one
born of a ^lave woman who is handed over with her consent in part
payment of a debt.
The two kinds of slaves who bec<ime so on being saved from im-
f>endini; destruction, are these; one, when a person is aboutto be
killrd by an alJij^^ator, a \enomous snake, a tiger, or any poisonous
animal, an<l bein^ saved by another, becomes his slave; one, when
a (K>r*«on is alwrnt to be killed by robbers, (not the king,) and is
Mi«ed by another and Ix'comes his slave.
The four kinds of slaves of a convent are these ; one, a slave given
by the kiiii;; one, the children l>orn of the descendants of such a
^Uvc and otlier people; one, a slave bought by the money of the ui-
habiianiA of (lie ronvent , one, a slave not given by the monarch, but
from rehirioiis motives, by the founder of the convent.
The four kinds of slaves connected with imagesof Gaudama, M»lid
paf^odas, pa^<Mlas with an arched niche for an image, spots of ground
devoted to reli:T|ous ))urp<»ses called thicn, tanks, and wells, are these ;
•la>es. male and t'emale, devoted to them by the monarch ; slaves,
iIh? children of the descendants of such slaves when married to free
people; slaves, not ^iven by the king, but bought bj the people in
rU^Tffv of the above religious edifices; slaves, not given by the king,
but bought by the founder or builder of the above refigiovs edifices.
gStcgofc^gggSicouIti 32S?'°^^§'^^'^P^''*^§^***^
cgScgtcocooScnolti qSc^EcgtoscSoaolii (^SfigEsgnoegoS
oooIm c|Scg£egto3cc»oa>u)(i qScgScgtODc^jjoodlta j
cool*! qSoMtog^MColoScxxJliii cjSaaoacgcoiSimolii <^
oooifiOWC^cncoJooolsi CjScooiog^EOc^cool!! CjSoaoing^
flg^colSjjSolicgoa^cOTM ^S^scooc^jfiooSng^oaolit
culSooocSu^oo^ngj^oxHti ^q8|Sulic»^ii
co6\u cjSoj^t^icocSoacg^cot^oaS'ffxofig^cTaoO*! ^^j8
o)tix>^ti
ngi^coulti g{}3icgoS g&6a)3ng|^c»olti g^&gM|S(f|i
olii ^^Seooioiioj^ii
191
kindn of slaves connected with the images of Gaudama,
nks, or convents, and bought by other free people or si aves,
slaves, not redeemable; slaves, redeemable; slaves put in
ment ; slaves, who become so on account of debt ; a slave
e above descriptions, who, having criminal connection with
I's) slaves, and not being able to pay compensation, be-
have ; those who become the slaves of free people for some
iminal action.
n kinds of slaves bought of those who are free and of good
k-ants of the king, are these; the slave himself originally
le son of the same, tha-bau1(, his son tha-det, his son tha-
1 tha-twoot, his son tha-tau, his son tha-hmyau.
L-n kinds of slaves given by a grand-father, grand-mother,
lations, or friends, are these; an hereditary slave; a slave
ught, belonging to some class of the king's servants; a
a pan-} a ; or a let-ya ; a person who is living dependent on
•rson living in dependence on any of their children.
(II kiii(l> of slaves who have no family connection, and
t belong t4) any of the classes of the servants of the king,
unie by liereditary descent, are these; an hereditary slave,
ailed tlia-bauk, Ins child called myay-lat, his child called
, hi>^ child railed kyoon-tset, his child called kyoon-beng,
ailed kyoon-tseo.
» kinds of slaves who are as pledges are these; one who is
one half of Ins value: one l>ought for le^s than half the
IS pledj^ed for.
) kiinU of slaves who are the properly of the master are
, a person uli«) belongs to some class of the king's servants,
his tiill value ; one who is bought for more than his full
ir kin<Is of slaves who become so for debt, are these; one
•eronie a >lave for an original debt; one who has become a
the arcnniulatioii of interest ; one who has become a slave
t of both . one who has become a slave from being securi-
•hi.
o kinds of slaves who have become so on account of sexual
e. ar«* these ; «»ne who becomes the slave of the object of
»ns, havin^r nothing wherewith to pay the ccNnpensation ;
heeonies a slave to a third {lerson to obtain the meam of
p compen«aiioii
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oil! oaSc^ngj^sejp^ngl^sgStoDo)!!
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c^io1iSaD^io§=g§cax>ca?^ic§og£.o3egaw3oS|S«K]^i^
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ci2,§!i»@oif^^goi^wopo|.
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c[cSii «C(gScgci5=goi^co£^os8cDoa^t ciscpcS^S cgoSK»ioD§i ,
192
Besiden these, there are other kinds of slaves which I will note; —
a Bramin slave bought and cniployed by one of another caste ; a Bra-
min, the slave of another Bramin ; a Rahan slave bought by a person
not a Rahan ; a Rahan, the slave of another Rahan ; a person who is
living in the perfortnance of the moral duties, who is bought and
employed a^ a slave ; a person who becomes a substitute for a female
ilave, who has been given by her master in marriage to a free man ;
a pernon whii becomes a substitute for a slave man given in marriage
to a free woman ; a son who becomes a slave as a substitute for his
father ; a father who becomes a slave as a substitute for his son ; a
younger brother for the elder ; an elder brother for the younger ; a
person who, having become security for the slave of another and not
being able to produce him, becomes a slave in his place ; a person who
becomes a slave in consequence of having stood security for a debt.
The four kinds of slaves who become so on account of benefits
conferred, arc these ; one who becomes a slave on account of being
unable to pay the physician (who attended him;) one who becomes
a slave for the pay of his advocate; one who becomes a slave on ac-
count of havin^r been supported (by the master) in a time of scarci-
ty ; one who bc'coiiios a slave in consequence of the thoogyee of a
MJIaire, having irivon him a place to build his house and live on.
Th<* twrlvr kinds of slaves mentioned above, and the four of the
Rulairai, (Vrdns.) in all bixleen, comprise all the classes into which
•I.ivr-* wore nri;jinally divided; from these there are subdivisions to
\hv uuu\h('T ol ^;('V(•^ty-five, making a total of ninety-one. And
amcmffsi thrsr slaves, those from whom the amount of their redemp-
tion tnay t>«* two or throe times taken, and those from whom it may
n<»t : those who may not he sent to, or employed at a distance, great
or tmali ; (hove who may : those who may be released, and those who
may not ; :dl tlie>e I will now lay down separately : —
Aiiion^f>t the tlirre kinds of slaves given by the king, when a per-
-^»ii IV ir\\( II a-< an hereditary slave, whose children and grand-child-
n 11 will l>«' }>orn slaves, it is not pro|ier to offer to redeem him or to
lake the price of hi^ redemption. When the king, who originally
ga*<- him, j-liall order his release, then let him be released. As re-
Z'XrtU vlavrs ^riveii by the king at the time of boring the ears, binding
up the hair. |iiittini; 4»n the goung-Umng, shaving the head, betroth-
ttu tit, or vicknevs, their price shall not l>e taken ; let them continue
•hve^ dnrin;r the lite of the king who presented them ; and at his
drath, they shall only Ih* called ** the royal gif\ ;" they have no right
to pay their ))riee an<l redeem themselves, nor has the person to
whom they were ^iven a right to receive it. As regards a slave ca-
«-ually given by the king, to be made use of temporarily, he may be
* mjdoyed a>i loni; as he pleases to remain ; but if he is dissatisfied ami
2ne« av%a\ , and publicly returns to his parents, let him be free. It
36?
gS^sceo^^^"^" co^i^*«*ccp{^ooaSocS§Sc» coggQty
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c^og^ootcoSi qagaooStPg(£<pc:^Suoog^6p»ajcoory&8aPtSi
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9»3tc^cS^S t^Gsao 99^0 o^ 800$ f o3f eot ^ ogoScM IHpiafi
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6p^S33Pce^£a3^idgog£o|^ 9goc6pSiot^^oo[giii r^QHity
C0c£,^ng)^ci^0a^t9Cf|CO3Sl sc^8o<£qoc5> Eot=i2ai£&o|«i^^
ogSngjSscco^'C^ng^assaoS'eecpiii 033ieCscgsng,S30culc$«
193
one party wislics to pay tlic value of the ftla\o, and the other is about
lo receive it ; let the caise he considered, rind let him receive, not the
full price, but the hiilf, or such other reduced price as is proper ; full
price 8hall not be taken. Why is this ? — because it is merely a ca-
sual ^if\ given by the king, during either a fit of anger against
the slave or affection towards the receiver. He is not a slave who
comes under the head of irredeemable, redeemable, or temporarily
pledged ; he shall not be employed in washing the head, or in cere-
monies for the propitiation of the stars; in pouring the water, or
holding the sword, (at the time of washing the head, or propitiating
the stars ;) nor in the ceremonies attending betrothment, shall he be
employed to carry any of the utensils ; he shall not be employed in
rooking rice for the dead ; if he be so employed the person employ-
ing him nhall be liable to criminal punishment. With the exception
nf ihe^e, he may be employed by land or water, at home or at a dis-
tance, without any fault; and if his master call him to the field of
l>attle and take him with him, there shall be no fault ; or if the mas-
ter does not ^o but sends him as a substitute, there is no fault ; if he
zoe^ as a follower, not as substitute, let one-tenth of the property
taken be given to him, and let him be free. If he acquires property
nn a trading expedition on his own account, let him give onc«tenth
to hi? niaslrr, and ho released from slavery.
A >la\e who has been given, and whose descendants arc to con-
tinue in slavery, may be employed in any service; he is included un-
«!rr the liond of irredeemable slaves.
A *lav«' ^ivrn at any of the above mentioned ceremonies, shall not
U' employed in any degrading service; he shall only be eroployeil
with the person to whom he was given, in military expeditions to a
fli«tance, or in the district he lives in ; a slave so presented shall only
be rniployed in this way; the master shall have no right to take goods
.irf]iiir«'<l by hnn in tra<lr. At his death, if he has no heirs, let the
iiia5t('r take possession of his property, after having made a report to
ihe km^ If the master takes ransom for a slave so given, he shall
forfeit ten times the amount, and the person who gave it shall not be
hild free of fault ; let them be brought before the king. This is what
i« *:iid of the three kinds of slaves given by the king.
The two kinds of slaves who have become so for abtisive language
are these : when a person has accused another of being a witch, or a
murderer. f)f havintr pushed another over a precipice, let the abuse
hire lK*en nnirli or little, if he caimot pa/ the compensation, he shall
^•<^*ome a sla\e to the person accused or abused. Such a slave mav
U- caused to work for life, but his descendapts shall not be slaves; at
his death they shall be released. If the master shall die before the
^lave, the wife, hu««l)and. or children shall not cause him to serve
'hMii; let him b<* fr<'e. In case of an usurper seizing the throne, hr
*nl! !». Ir«« H" hill not be empli»yd to pour water en the head
9^^
^^9
oo^od^oK)! cg^^^83»o8§8c^33^M^8c0t rJ^d^ijeQifi^
90aScg)^d^9§G03S00^l 6o)8c^8soj«odGoc>SicgiGt»6c|i8btf
cc[>c5ogasGf d^^8 og)^od6[pooa>8sogoScM c^gcooSw^iig|
^8q^i ad6Qgod^sad^sadg9sc§cx)Od^s6as€§(na9^d^Qg8mia>
<j]9CSi c^co998sao^QCODo8soc>oi^Sd3£og8^oSiC82^*83^
^^?@^^G§^^^^^9" cS^<COfGOQQ8<09g00^gCO>98taMl^
CgoSmOdOOcSG^S ^gSl02^O9D8tQ^SC[C§r^CC(>8f^<>cSlpQMlS
^^^^
194
.a the nine of propitialiiig liie stars, nor to cook or carry rice for the
<i«*ad, nor to c^arry <»r move any ofthe utensils of the ceremony of bt*-
<rothm4*nt : if he l>e ^'mployed in any of these ways, he shall be freed
from sl&% ery. If, not Huding his sityation to his liking, he shall run
away, lie may be rrclaimed, if an usurper has not seized the throne;
Ins running away shall not free him.
If a person shall become a slave to a third person to procure money
to enable him to pay the damages in a case of abusiTe language, he
>liall not be released on a plea of an usurper having aeized the
throne, he come« under the head of slaves who are the abeolute pro-
}>erty of their owners; the master has a right to employ him; let him
<»niy Ih* released on paying the amount of his debt; if he has any
descendants they may be taken as born slaves ; a person who is in
(M>ndage for half the price of his body, comes under the head of a
pledji^ed slave ; his children shall not be used as slaves; one tickal may
be charged yearly for their food till ten years of age, when they must
U- released. If, without thought or protest, his children or grand-
children have allowed themselves to be employed as slaves, when the
{lersiHi orit{inally pledged shall die or be redeemed, they shall be re-
leaMMl ; the master shall have no right to say he will not receive the
amount of his redemption, on the plea of the length of time he has
MTved.
The law for those two kiadn of slaves who have become so for of-
f«nc'/*< nf the hand,* is the same as thai for those who have become
-i.T*e«» lor olTences ofthe tongue. t
The two kinds of slaves who have become so for theft, come un-
der the same law as those who have become so for abusive language.
i Ml king! there are three kinds of slaves taken when a country is
Ta*age«l ; they are these; Thong-ya, Let-ya, and Pan-ya.
A Thon;;-ya is a fiers^m who voluntarily comes from a district in
rrh«llion : he may he employed as limg as he finds his situation agree>
able . but it' he ib not happy in his situation, and returns to hb former
place of residence, or to where his friends, who have also come in,
•re living to^Hher in a place giv^n to them, let him be released from
^«\ery . even if he i^ dicovered there, he shall not be reclaimed.
It' hiH relations or parents wish to pay his price, let whatever they
rh4io>e to give he taken, nothing shall be demanded of them. If
ttiey wish to redeem him during the time that he is in the master's
houM*. let his proix'r price be taken, and let him be released: the
master hhall not refuse to allow his redemption ; if he does so, and the
•-lave runs off to his relations who offered the price, he shall have no
right to claim him as his slave, nor to demand hb price; let him be
tree. Why is this T — liecause, if when selling a man or animal class-
ed as a Thong-ya, the original owner shall make hb appearance,
«ven whiNt the price is being paid down, the tale b annulled, li
c^dfa»ooo§Ssei d^oo9329^o3309j|£o2ccoo8t8cocJlG8eaS(^
d^c^fi^eSs^ogcgf^ me^vngooaaooSoocSng^Sjii^cDCO^
gSeei
cei^c§c^oS«§< osotcgtgSoaaQcS'ji^^gSog&vogoSaDMIB
egEAOK^cut^ogcS'eei
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ca»s^iggeo33o^^^r8{^r^ oacouScoot^ aaoeowsBCMis
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cei?f6l&i32W§it»3Sco£yuo?i|£u1ic3^u§iCf^&i32a09«Mi^
J
195
\\iv price \iAs hevn |>aid, ami they be trunsfcrretJ tu ihe buyer, and
removed to a place about a mile distant, should the owner come up.,
he .shall have no claim on the seller; the affair rests with the buyer,
and let the former owner, parents or relations, settle the price of re-
demption with him ; this is when the parties know that the person or
ihinjT sold was a Thong-ya.
A Pan-ya is one taken in an invaded district, either hiding in the
rtHres^es of the hills, or in the jungle, or in the act of running away.
These slaves shall be treated in the same way as Thong-ya slaves.
If these Thong-ya and Pan-ya slaves have been employ^ for gene-
rations as slaves, they shall not plead that they were originally Thong-
va or Pan-ya; let them come under the head of hereditary irre-
deemable slaves. Why is this? — because they did not goto the
place appointed for their residence by the king, nor return to their
own district, nor did their relatives take steps to redeem them.
A Let-ya is a person taken in the heat of an engagement, who
was at the sword's point and saved, or who was saved from being put
to death by another, and rescued from him. Such a person on pay-
mg the price of his life shall be released ; even if he runs off to where
the king has appointed a place for the residence together of his re-
lations, he shall not l>e released from the obligation to pay the price
of his life. And if he be employed (as a slave) till he has sons and
in^'ind-fMins, let him come under the head of hereditary slaves. If he
lielonged oritriiially to any of the classes of the kings' servants, and
the [»ersoii who originally took him be dead, and has left descendants,
and a pro{M>^al be made to redeem him, let him be redeemed for dou-
ble the sum he may l>e declared worth.
If Thof)g-ya and Pau-ya slaves have sons and grand-sons, let the
liw as regards tlxMU be the same as that laid down for Let-ya.
If, during the life-lime of a Th(mg-ya, Pan-ya, or Let-ya original-
ly taken, a new king shall come to the throne, or it shall be seized
by an usurper, let them be released from slavery. If they have died,
and only tlieir .sons, grand-sims, or descendants remain, they shall
not be free, except on payment of their proper price and something
in adduioi).
Anion;: relations, there are two kinds of slaves; from one's self
upward are the father, grand-lather, and great-grand- fat her, three
generations; and from one's self downwards are the son, grand-son,
and great-grand-son, three generations, in all seven generations, in-
cluding one's s(*ir Among these relations who, through want, may
Urome slaves t(» one another, are included relations on the side both
of the husband and the wife. If, during the life of the original par-
ties, the slave shall pay the original sum borrowed, let it be taken,
but if the |M'r.s4»n uho originally became a slave be dead, and the
master and mistress l>e also both dead, and only their descendants
•ur\iw, the )>rice -hall not be demanded : they f^hall not be couhider-
0€€
a>9siac>9Sic§si§8i c8i 6<jgoi §oSi aooSi ^oogSogSco»o8||S
aooSoo^i ^^)89oaSc§^^8g^s6C|>cSb2)S^8G«M5@iaMKSaS
99g8scooo8s(^8sGO!X)8s c§o^< odcoi a^«cgSo^oo8>cgbSl»y>
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^}8oooS)8c8c^Od^«c^Ssd^c^ca>ocgo8oo^i ' *" '
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|8fiOdoo3^a)os^cg8ceicoo8ccx)oc^8ic§s8gitfCQaaB6G8br&
196
pi\ a> .'•laffh Uorii of a purcliaHed slave; Id tlietn Ijc free. As lonjj
as the original ^Invo is alive, he may be employed in aiiy kind of work ;
there is no case in uhich the master has not the right to employ him.
Why is this? — because they are children descended of the same
ureat-graiid-sather.
As regards slaves not descended of the same great grand-father,
puttiiifT one's self in the middle, there are seven generationi in the
:iMrending scale, viz : the father, grand-father, great grand-father,
^reat great grand-father, great great great grand-father, great great
srreat groat gratid-father, and great great great great great grand-
father; and seven in the descending scale, viz: the son, grand-son,
:;reat grand-son, great great grand-son, great great great grand-
son, great great gre&t great grand-son, and great great great great
great grand-son. If these seven have been bought for their full price,
let the riirht to them be perfect, and let their descendants be taken
as slaves born of a bought parent. These tables of relationship are
lakeii from the sacred books (the Weenee-dau.) No advance beyond
their proper value shall be allowed to be taken for them. Among
Rahaii.H they may ask for what they require, or administer medicines.^
In the Dnmatliat, according to the custom of good kings, and kings
embryo Boo<lahs, it is laid down, that when they are descendants
rr< »rn a common great-grand-father only are they held free. As re-
;:ar(ls the ^ayiIlg that interest or increase shall not be demanded in
rhf >evcii ;:efierations l>oth ascending and descending, even when a
4 hild iH taken as a born slave,' (of a bought parent,) let the pro-
p4'r \aliir only be taken: there shall l>e no addition made to it.
Wli) i> tins ? — because m tlie Weenee, seven generations in the as-
rf-ndnijj and seven in the descending, are called near relations.
Tliere are four knids <if slaves born of a slave mother, they are
the-»e rliildren born of an hereditary, irredeemable slave; children
iHiTix nt a mother bought outright, who has no relations, and who
«{iK-^ not beloni; to any chiss of the king's servants; children born of
a inntlier ulio is a pled^tMl >lavr and has relations; and children b.irn
*>( a sla\e mother \vh<» has relations, and was paid as part of the price
for •M>mMlnnK bou^lit. Of these four, children born of an hereditary
irredeemable >lave, whose fathers arc not certain, are not entitled lo
U- r« (b>emefi nnie>s the master cluMises; but though it is thus said.
• f ^be roll ibit witli a free man with the knowledge and consent ot
ibe nia^trr. and have only one male child, let his price bo fixed, and
<• ( tu«>-tlnr(i>« belong to the father, and one-third to the master. 11
ilwre \>e one female rhiltl, let her price l>c fixed, and let two-thirds
Ujoii^ to the ina«»ter, and one to the father; let hnn redeem her at
ihi- r.ite It both a male and female child are born, the female >Un\\
■ ^- ti K.«'t^ii' 4|t|i«'.u ij'< In hr %»lw4fiv fill itff fn»ot ilicir »i«rl«lly r**l^t»««i>» . •" '••'
Pf , .t. • ' 'A- I ' ■ i.l«niiii-lrr iiM^lM'iiir, tltil |H<'|«rr rr«|lir*U H< «khal llirf WAiil li> t V
• I ;- .r • - .» |i t' I ,il,''»l- ! t • li ic '.Iv "i.-h tUt I'-hu 11 vl ih* m • • ' ■♦ I I ti •
cgSo33DoSe©o£ceiC33g] Sr^oSc^scowBi ucaacoaScoc^ojjExoi
:^ir^cg!S8i §a3^§So3^33easui8^gsg32e^i c^ngj^u^s
coc^o§«ceo8i coSsslss^c^ucosc^caJocQoSco^ji ^Sowtcgi
co^si 333£ueu!e:}sc;o3Sco^iosSs3lie^c^coi§£si cesSsfcrgi
o^fDCgiJlfioooi^^Eegifie. dl"»»a^cnog^»^ fc|ta§^
^SScocoSt^cotcgic^^ioaS^QSc^Sic^SiicgicgiyojSco^lcj^
^icgSi fScggoS^suicgwBi cf3g|^g8co^ooS»ooSoosy|i
g0t33^U8^O33Cf)lC0£w§lCo£§ggccicgi^^gt(^l&
197
noi be rodermahlc ; lot the price of llie male be fixed, and striking
<itf two-thirds of it, let him be redeemed for the remaining third.
Ill thus laying down how they are to be redeemed, the proper origi-
nal price iH not meant, but twice that amount, and this is because
the mother liveil with a free man with the knowledge of the master,
a5« if they had been regularly betrothed. If such a slave woman (ir-
redeemable hereditary slave) shaJl bear many children, and the mas-
ter do not know of her connection with the father, and they do not
regularly cohabit, the free father shall have no right to claim the
privilege of redeeming the children. Why is thist — because, if an
irredeemable hereditary slave is got with child, let (its father) watch
over her life, and if she die, let him pay the price of her body ; if she
does not die, let him redeem the children. But if he does not minister
to her whilst with child, nor watch over her (at the birth,) or give
Uf^r appropriate drink, (he shall not redeem them.) The reason is
this; though the children be his (the father's,) because he did not
lake any care of, or interest in them, he is not allowed to redeem
them. Though the master may not give the woman in marriage, if
he (the father) takes care of her, and administers to her the above
drink, lot him bo considered as her husband, and let him be allowed
to redeem the rhijdron at a reasonable price. In another case, if a
fr«'e man has had roiiiicction with such a slave, and ihe be got with
rhild, if she suo him to become her husband, and he refuse to be so,
«h(> \< not a p< r^on who has, like others, a right to compensation in
thirty, or forty, or one hundred tickals. If the free man do not wish
to tiko hor to \\\U\ the only compensation is three tickals of silver
f«>r hor firo-w<HMi.
A porson who has relations, and belongs to any class of the king's
v^rvants, who has been bought outright, though it may have been
# n;5agrci that ho should not be redeemed, yet let him be redeemable
at the price oritriiially paid : it shall not be said that he is irredeem-
able. Hill if the de.scendant of an hereditary irredeemable slave is
«4>ld with a promise that he will not be redeemed, be becomes irre-
deemable . bill if at tho time of selling this irredeemable slave, (the
owner) shall say he will at some future time redeem him, and the
buyer shall agree to it, let him be redeemed. This is when the slave
1* irroiieemablo, and dcw's not belong to any class of the king^s ser-
vants.
If a female slave bought outright who has relations, and belongs
to Honie cla>«i of the king's servants, shall have children, and the
hii*l»and of tho woman, or her parents, wish to redeem them, having
decided what they are worth according to the original sum paid f«»r
the mother, and the ago of the children, let double that am«Nint be
paid : the majitor shall not plead " she is my slave, and the man wa«
hot piiblirly known to be her husband." Whether she has a hus-
f'lrid or not, if they wi*h to redeem them, the law is the same.
9e
oaf (Dc^t§ea3org^a»i:gi§Sc«i SM^ng|fao9*(^t§SeM»
eocgaSc»ic^:§a39ti^o^g|i ng]^eJ18c^ogSej{i«s»ao9>t^(Qtfl
^clij^SccpcSiojcoo^rflnSd^SogfioacyyxntSKl^iaBotaoacgJ
cMtDuS)S(»og^o3)gi|S)Sic^t)Siccot|S§ajj£ac^oQaoo9^
egte33933oicB»:§n8r:g)Su^a}oe^ti § ^ ^S ecp cSc^oo^c^oSMi
s3t&ia>8cgc303^^§co^icrcoE3i <^^^<93^$SfiSca
ca33e^§co^cmoSt»i»^^^r^uS;^idSci^ifcofgS33gS§
f^cigEi jin33COj|^C335cgc|^£s cgSosseuice* 335i:6tcgiC£aos}
cei c^co«)MpcS8cgt£oo3tc^Sc{,cow^c^oScDr^cgoS^cuiG»i
c»us^a>07g8^tcei wg»o3^§6o;icy>£i goioSg^oEB^ticyi
198
r the children of a slave heionginff to some class of the king's
ants, or of an irredeemable slave, snail from want be pledged ibr
' their price, even if they have had many descendants, all the
dren must be released on payment of the original half price for
ch such slave wa^ pledged. Though this is said, for children
1 ofa pledged slave, one tickal per annum for food shall be paid
all those under ten years of age ; if they have reached their fif-
ith year, nothing shall be paid ; if they be above ten and nnder
en, let an equitable deduction be made from the ten tickals, and
he balance be paid ; nothing in payable after twenty years of age.
9 is the origin of the saying, *' from one pledged buffalo, a pen-
from one pledged slave, a village."
i^ith regard to a slave given in part payment, if the husband, or
'.nu, or master of a person, having from want incurred a debt,
I give over that person to be employed a.^ a slave, if he was given
afler the interest had l>ocome due, he shall be released on pay-
both prmcipal and mtereM ; it he was given over before any iu-
it was due, Irt the original sum be paid ; there shall be no inter-
and children iK^rn to them shall fK>t be called slaves ; they are
ily connected with debt. Though this is said, the price of their
for five \e«rs shall be paid, but no more ; they are free of all ex-
« beyond this. Why is this? — because the slavery was incurred
ccount of (he intere.^t of a debt, and also, because the debt in
p than the price of tiie body of the person incurring slavery. If
imouiit of del>t be less than the price of the body of the person
n over, VIZ about one-third, and the perscm has been given
for a lon^ time, let onl) the original sum borrowed he paid, and
iinij^ ^hali be paid for the f(H>d of any of the children born whilst
parent wa?* in this slate of slavery ; let them be free.
I tlie case of aiK.ther manner in which a (lerscm is handed over
avery. if one shall take money or grain to any amount, and shall
I o\er .1 (>*>r>(»n to work a> a slave till a certain time wlien the
unt 1^ to he considered paid, on the arrival of the time, let it \u:
idered pan! ; if the ^lave be employed after that time, let the
itor pay the n*^nal hire for the time over. If the slave leaves his
lover before the tune is np, let him, having calculated the
unt pay for die tine still due. If during the time a female slave
mployed thus, >he phull bear children, ihey shall not lie called
I •'lave-*, th«'y sliiM I'c tree: as regards the price of their fixMl, let
years l>e reckoned and paid for as ha.** hern laid down above; if
rhiM !>e more than ten years of age, let the pro|>er deduction be
V. If such a slave shall die in slavery, there shall be no claim
he time unfulfilled ; the money shall be hist. If the slave beem-
ed in a way he ought not to be, in crossing a river, or on the
r Hide of a river, in climbing trees, whether lofty or low, and any
nrtune fli.ill bvfall hiin^ when hi!: time it expired, let the persou
en»pI«»yMi hill). p«y.
ccoecotc^aS ^Seosoogif j^&o1ic^c|f giSGajpStcj^
Sa8B(f§eoao33ggo1(§c@o8ca3»^og£cnaSj§SGao3C]g|aflgi|E
^(u&t(Kj^oSe3t9s9oS^c30(»g5o^8coo$jgS6ao9ag^ Jnjfjt
cngoSiog|^o3^cc^EiǤcoepe^go5cgS ajcpi ce tfi^cWi
cfl^oSta93^eft:^6«pa?c^Secpa5^£<:ei 8f^!cc»5§33^{ntt
ooS S ewajoGjiJ^ joa». cgt cjji g£ ^ cj)J.^<o6i!)o<to)S
co^3^ja5«ojoEicg$ua[oSi«ajo£i03|fi»^p<DOjoS»i ^jco
199
With rcjvard to tlic two kinds of slaves become so in return for
aviiig their lives ; a slave becomes so by being saved from an alligt-
or, a gaan, (poisonous snake,) a leopard, a tiger, or any venonioui
iiiiinal, when he was about to be killed by it, or a slave rescued from
Ming killed, nut by the orders of the king, but by robbers. In theiie
wo cases they shall only be free on paying the price of their life,
>ut on tlie succession of a new king, or the deposition of the old one
>y a usurper, they shall be free, and children born to them shall not
^c deemed slaves, let them be free ; only if they have been really fed,
ct ihcm pay the price of their food.
As regards the four kinds of slaves of the kyoungs, those who have
^eeti devoted by the king by the usual ceremony of dropping water,
ihall not be redeemed, let them be hereditary, and irredeemably at-
ached to the kyoung ; they shall not go and employ themselves with
he king on the plea that the kyoung is destroyed. They are slaves
connected with a future state ; even if they have been slaves or ser-
vants to the king for a number of generations, they were devoted
ivith the intention of their remainmg to the end of the five thou*
Mild years that the religion of Booda, Gaudama, shall exist; they
»hill not attach themselves to him, they shall only be slaves to the
kyoung as they were originally destined. Let them minister to the
prie?il who may he in the kyoung; if the kyoung be destroyed and
the succession of priests be broken, let them become only slaves to
a pagoda, they shall not come as slaves from a pagoda to a kyoung,
but from a kyouni^ they may be transferred to a pagoda; let the law
as laid down in the sacred book (VVenee) be fulfilled. If a free per-
M>n, or one of any chiss of the king's servants, shall by connection
with the child of a slave of a kyoung have children, as the children
of kyoiini; !^la\es are a part of the offering made, and consecrated
with the viovv to henefus in a future stale, they shall not be free; let
thcni Ixlon^ to the kyoung What is laid down in the sacred book
( WeiH'e) that the iiialt! children shall belong tu the father, the fe-
ioal('<> to thi> inoth( r, may also be taken into consideration.
If the km IT did not dedicate them, but ihey were bought by an
Arceya,* the head of the convent, and they have children who are
hereditary slaves in the service of the kyoung; they are not irre-
df-eniahle >la\(-s of the kyoung, they are slaves of the head of the
kvounc ; if the succeeding heads of the kyoung choose to take the.
<»riginal prire, l<t it Im- paid ; if he will not take it, let them still be
free. As the kiiii; hns ii«» |N)wer over the goods of Rahans, he shall
not take (K»>->e.o<4ion of them. t Amongst his fellow men only the kin^;
has tlu ri^ht to take pos.«tessi<m (when there are no heirs.)
A'i regards slave* not given to a kyoung by the king, but who have
• A'<" 1* I* Urv <i • f if> .1 • ••(n|ttitnrnt«ry M-iim> ; K tn««iM a prirat who has c'Maiikrtl a ctruui
JOO
co^o&c^ojj^co^§&ceiGO^o8scg|^ttrd^cx>oogc^6ii coofi><ftj|gS
OdsooS^s g9§oogSsc^o$ceic:l§edj|o8stf ifl 00009 co^^c^sagA
§o^oo8g88^<i^o9^i Qg8oao8tt02(^C2^<^oog§rod{
a^SQ^i cooo8soooS§oS9<fgSi9l Qd^id§c§ge^l5g8Q»oo6oS
9o8<^oo98soao§c^ od^i »^<>>@8 txxfS gcsooS cfdjiSi ciqgicD
^goc^aooo^coi
^i' Odj|8g88(Koc[>&«c[ec£og^8^oj^6a>oc(x>9ol^83ia|^
ogj^oo^sooolii 0dj|Stf8«0oxp&9O9o)si (floocodcil^QfaS^
C939og|^oo^so9o)si ad5|8 gC^odcS^sodoSSt adc»9§ cl^ocSlflfeo^
cQSs 8<^8i cjSogS (^ 03gSa30ii ^^<5|8c§ ooo^oSscgoooSm
e^ogj^^osojj^ 8d<f 09^1 c^oo^ODQ^oc^r^QO^Od^foogSami^
dii odgos:§gcoo98o(^oD9i c:i§:§d^g8sax>«iGQ^p8i9^^Qa^^
0d9^§C00OO^'[r^O9od^03OD2Sti ^OdSO^OOClSl ooo^dfi
§00^(§Cg8a^80>roC^8S3(S'd^d^CO9O0d9c£tO0^l
a2cp«602o88}8d^8ogr§oacgoSo2c§ooS^ 9g|f&§S<cS^
o1so20o^a>98i tco)8«93oao1si Qo18j8ooJ)si QfSUBsDJk
ooolsi gcgoS g8eaD90g|^oool8i cjSco^pSt 9^taM^
cg^Qc§cp^1«^gco^^oooSq8cg&g^ggG&^^ gofplb
200
l»e€n gi^en from respccl to the head of the kyoung^ by the supporter
of it, he has no ri^ht or power to make such an ofTering, nor hare
the rahans a right to receive it. Although it is proper to make offer-
ings of slaves, male and female, lands, gold, silver, buffaloes, oxen,
elephants, horses, and rubies, and the benefactor or endower of the
kyonng does 8o for its benefit, he has no right ; the king only has
l>ower over men and laud. If the supporter of a kyoung from igno*
ranee hss made an offering of them to the priest or to the kyoung,
they shall not be slave.s of (he kyoung; let them be free, even if they
have continued slaves for a long time and many generations. If the
supporter of the kyoung has offered them with a view to their being
employed in clearing and working about the kyoung, and they do not
do so, it is not proper to call them slaves, nor (has any one) the right
to beat them (for neglect;) if any one does so, he shall not be free
from sin ; if the slave does not work for the kyoung, it is his evil fate,
and hell will be his punishment.
As regards the four kinds of slaves of the images of Gaudama,
Tsadees* and Pudo8,t Thicns,| Tanks and Wells, they are these ;
slaves, male and female, who have been offered by the king with the
usual ceremony of dropping water; children of the above with a free
person, or one of sonic class of the king's servants; thoae slaves who
are bi)ii^ht and ofTr^red by some other supporter or benefactor, not
the kinrr ; those wliu have not been offered by the owner, but who
have bern lM>ught by those in charge of the place. Let decisions
regarding ttiene four tlcscriptions of slaves be on the same principle
M has l>een laid down regarding slaves of the kyoung; the difference
IS that land, slaves, and oxen, shall only be offered to the Para ; it is
improper to offer (liem to the Rahans; this is the only difference.
As regards ^^old and silver cups, and similar things, the Areeyas in
the kyoung, inay with propriety use them, but they shall not remove
<hem to any other place. This is said of things permanently belong-
ing to the kyoiinjT or Para This paragraph relates to the propriety
or otherwise of u^irig thinjrs which are the inalienable property of
the Pura or kyounir, and those which are divided amongst the lesser
prir«ti on the death of the head-priest or abbot.
As rr^Mrdr^ th(> six kinds of slaves connected with the Para and
kyoung, bought by free people and employed as slaves by them, they
are these ; those who arc bought outright ; those who are redeemable ;
those who are paid over as part of a debt; those who have become
slaves from debt ; those who having bad connection with a female
i^lavr belonging to the Para or kyoung, and not being able to pay the
r<»m(K*nsation, have become slaves to the kyoung; those who having
bad cormection with a female slave of the Para or kyoung, and not
• >fli«i F«r>«^a«
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o§c£c33002g6«^;o30c@o£oo^i
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(3a63Kescfc^eo33c»|Su3imoSiog^St£oci?iecoSf^o8<o^*gS
uco»(£333cgcScei cou£Kc8t«03oeotcei (^c§aogo«KUi«6gi
0303^Cn^s£40333^W§ScC3C^oScei
gStfig^^t^fSoliu^cfgi cgcoi^ocf^Stngl^oaolti (jEcgG
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soS* qScgScgiesosascgcSi c^SogSsgicosooscoSQi qEoE
Sooeu1c£c95:^j=goic§e^^ ccf St gsicasSco^i cgtog8«)8aS
3335^1 oc£'Gi^Si(^(£dBto9c^Stcc>tcgt3eei K^oootefin}
cul(£^3CO^^)ogS}8cg)Ecgtcei kqSasoioacocf^oa^^
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cgtco30og)^y3ic^^5j|£^Sng|^sg!Oo5'a55§i oar "'"'
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201
being able to pay the compensation, have become slaves to some
olher jHTson to pnx^ure the means of doing so. Of these fix, the
f\T»i four cannot with propriety be used as slaves; let their price only
lie demanded and recovered from them. If they are employed as
Niaves, the children born to them whilst so employed shall be free,
I hey Hhall only repay the money paid for their subsistence. Why is
this ? — because they are people who ought not to be made to work.
A» regards a slave who has become so from being unable to pay
compensation for criminal connection with a female slave of the Pa-
ra or kyoung, if a usurper shall seize the throne, let him be free.
As regards one who has become a slave to another for the means
of paying the above compensation, if the rightful heir to the throne
shall have succeeded, and a usurper shall have displaced him, let
him be free. If there be no usurpation, and he pay the amount of
his debt, let it l>e received, and let him be released ; and as regards
his children, they shall not be taken as born slaves. Jet them be free
CD paying only the price of their food. If they (the parents) cannot
pay their debt, and their children or descendants shall, without thought
(or remonstrance,) remain in servitude a number of years, they shall
not become slaves of the Para or kyoung; let them be free.
Exclusive of the slaves of the Para and kyoung, as regards the
seven kinds of slaves amongst those who are of some family and be-
liKig to M>mo class of the king's servants, they are these; a slave
bought in his own person for money ; his children, kyay tha>bouk,
Ix^rn slaves; their children, tha-tet ; their children, tha-tee; their
chddren, tha-tw<Mit ; their children, tha-tau ; and their children, tha-
hmyau. These seven, who are of some family, or belong to some
rla.v<4 of the king's servants, are bought slaves outright. Although
ihe>e slaves so lK)ught shall be told by their parents or relations un-
der enirai^otnent not to redeem them, and declare that their road to
redemption is closed, this shall not be the case; if (the person origi-
nally bought) wish to repay the original amount for which he was
purchased, let it be received ; let his son, the kyay tha;-bouk, (if he
wi<ih to redeem himself,) pay double the amount ; his son, or the tha-
tet, tlirice the original amount ; his descendants, tha-tee, tba-twooC,
tha-tau, and tha-limyau, shall not have to pay more, let them be re-
deemable at thrice the amount of the debt# This is said of children
the fathers of whom are not known. Even if the father be known, let
the price of tlieir redemption be the same. Why is this? — because
both tlie husband an<l wife are the money slaves of the marter. If the
(xrson orii!iiially Ixjught dies the price shall not be paid, but from
th<»M! uho are left, the advance in price as above laid down may be
recovered. If the husband is a free man, and the wife a slave, let
two parts of the above double and treble price be caocelled on the
Other's account, and let the master ha%eonly one part; if the father
U- A "In^c and I he mother free, the law is the same.
mongjSRg ^ mSc^oS^S co^ ^^osos^oscSiuQi Soma
G033c£cococ5rg)Si CjSco-DJcSsngj^soc^i qScC3tc8(Cg|So6i
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fo£«ooo!OgE' c3a3gCQeco?r5c73^s§Scnc»^d8srS^tf f4^|Se
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6C03r$i f ^Gu03aSiQ£cao3c:5i f^tcasocSBSai SengSSi
ccoor&3t(&cgc5ci2§&cnc6to3SrS(»ffgiaDocoo!eei§t(7^Ss3oi:Si
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oo£§S<^u^^i ooof^sosSooo* o3o<£o3c^o9c2a»co^mdK>
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202
As rc<;ard8 the seven kinds of slaves who do not belong to any
cla$^ ot the king's servants, who are hereditary in the family, tkey
ire these : 1st, hereditary irredeemable slaves, those who, though
they be not hereditary slaves, but bought slaves, are Kyens, Kareens,
or Kulas ; 2nd, children born of or to the above, tha-bouk ; 3rd, their
children, myay-lat; 4th, their children, ouk-ka-let; 5th, their chil-
dren, kyoon-tset ; (Jth, their children, kyoon-beng; 7th, their chil-
dren, kyoon-tsec. If the father* of the children of any of these sev-
en kinds of irredeemable slaves be not publicly known, they shall
not be redeemed ; but with regard to children born to a father pub-
licly known, who cohabited with the slave with the knowledge of
the master, if there be both male and female children, let the daugh-
ters be irredeemable, and let the males be valued, and one-third of
their price paid, and two-thirds remitted. If thoy have only one fe-
male child, let one-third of her price be remitted to the free father,
and let him redeem her by paying the two>thirds of her price.
Though it is thus said, it is with reference to the advance in the
price, (that is, double and treble price.) If the hereditary slave be a
male, let the same rule be applied.
If there shall be several children, three, four, five, six, seven, eight,
4>f nine, and the mother be the hereditary slave, and the father the
free person, having first set aside one daughter who shall not be re-
dwmed, I<t the rest of the children be divided into three, and let the
master have one share ; they shall not be redeemed ; the other
two on account of the free person shall not be redeemed ; let them be
frov without payment.
If the male Ik* the hereditary slave and the woman the free person.
one male child shall l)e set aside as irredeemable, and the other chil-
dren >li.ill I»e divided into three parts; let the ma.stcr have one share
which nImH not he redeemed, and let the free woman have the other
t*vo without redeeming them or paying any thing. Though it is
iliii«« >ai(l, if the whole family of children be males, or females, one
«hall. according to the invariable custom, be set aside for the master,
And as regards the rest, considerate discretion shall be used. Thusone
liah' has been <lecreed to the master and one half to the free pers<m,
• T they ha\e been separated into three portions, and two been declar-
ed the <>hare of the free perscm, and oiie of the slave and master
Mhich shall not be redeemed. Thus the lord recluse said.
Of the>^e irredeemable slaves commencing with tha-bouk, myay-
iat. and oiik-ka-let, including the whole six generations, if one shall
1m \ allied and .«old out-right to another person with an engagement
lo red< eii) them, the road to redemption shall not be cloiied ; the [K't-
«^»n originally so sold shall l>e redeemable at the original price paid ;
and whether he or she live or die, his or her children shall not U-
r«'de4iiied by the former master ; let the new master retain and be the
estolti^s^ceorafi Q39tegig8<Q8gta>gSoc8o8§G»Saic&i
§8oli<^cgS a>^c^ajSeg!o1wgSs§^6ul£gScoo!ep« rSoScBiSS
6Se^=o^i cg!olu^«joc8§«cBoc^oSa>oa3oic^Sio3fficoi^
2ScgE§3D5]Og^iggo33^. oaaa^SaD^og^Sce. eg3«^<V»£S
(^^« 33 aSu cgcScoc^r^cg^acgoSsDoc^DCoaEco^c^ngiSfScsat
co3£c6:3oSc?Q^o3^§8agEi 05COf5eo»iga>£Saj»cocSa»
C^. flgJ^^SggSsB. f^?OgS Gl03(jF) 03»S ^Scptf. f^^OgSaBg&§
oo^ia33£a^cg(S. c^oa^rwg^r^ os^JSC^ecoSi Q^gocaorf
oo^j. .£§ajsp8(^o»B^33jj^TOng)^in§!«Sc^oScg. ,<^^
203
owner of tiieiii. At the time o( buyiiiir and selling this irredeema*
l»U' ^lave, if an entrajrcMncnt shall have been made to redeem him,
hiscIiiUireii, orrand-children, or great grand-children, though these de-
sreiidauts shall be bom, the former master shall not redeem them; let
tlio now master have the full right to them.
When these irredeemable slaves are pledged for half their price,
I he chihiren \k)tii whilst so pledged may be redeemed by the former
master durinir the life of the person originally pledged ; the new mas-
ter shall not have a right to them. Why is this? — because, it is a
saying, " thoujrh a pledged bulTalo may have increased to a whole
penful, or a pledired slave have increased to a village," although the
price which would entitle the owner to full possession has not been
i:iven, hut only one half of the proper value, if the one originally
pledgetl be redeemed, it is said, let the former master nevertheless
have all the increase.
Oh kiuf! in pledgin^r nn hereditary slave, there are two ways, one
for the full value, and one for only half. Of these two, when they
are pledge<l so as to be redeemable at their proper price, it is a price
that gives the right of property, and the original proprietor only re-
covers them, because there was an engagement to redeem tbem ;
stdl, it is said, the children shall not be redeemed. But as regards
per-ons who Ixlonir to some class of the king's servants, if they be
pledue<l for tluir full \alue, even though it be said by the person
pled;^Mn:^ them that he will redeem them, let the proprietary right be
complete, and let the children be taken as born slaves, kay tha-bouk ;
Init ifilie price ho below their full value, although they be sold out-
ri;!ht liy written enirajremeut, the right in them shall not be complete,
nor ^hall their children be called or c<msidered as slaves; if the ori-
ginal price he paid let them be free. But if it be proposed to redeem
nn hereflit.iry irredeemable slave, let all his property be taken from
him, and it' the ma>ter wishes to take his price, let his proper price
l>e trebled, ;ii<l let that l>e paid. This is said when the master is wil-
ling to take hi*^ price. If he does not consent he shall not be redeem-
ed : all the property that he has belongs to his master ; let him have
the ri;:ht t«) take it. and though he does so without releasing the slave,
he cannot he freed from the ctmdition of slavery. If the master,
having had .<«e\ual counectitm with the slave, has made a premise that
he will releav,^ |ipr from slavery, let her be released; but if she return
to her iii.jsi.r, she ^hnll not be relea.*ed on the former promise; let
her he a sla\e as i)erore All the property that a slave acquires be-
h»ti^r.« (o the ma-ter. and he is answerable for his offences. If the
prire ot tlw >e irredeiinahle slaves Ik? received, (and they be freed,)
th*' < ountry will Ih' unsettled. Why is this? — because they arc a de-
;:raded, filthy race. Oh all people ! it is not proper to receive the
{•rire of hereditary irrtMlecmablefslaves; and though it is said of
Tiie < -l.i\c>, •* make a priest of him and set him wee," when that
=d(£cgo§^(u2^{a93ti akoop ocScy oSyyao9eQogoogfc
ngi^oo^ax^ (koc5ttSi9'1c^wEwmtco3oe^c5'aS 3}g5riBaa£DoE
4Eig£33^i§030Cf]cgcSsBi(^a:^^ooog(^«cTO§J^e§sooMDi
gScffio§Cj|oSc^^3j3£§cSsog5(^cg£35g63DScpogSi ctxk&S
ag^3asg3£i3G^G03Scog!o(igj^a5C[pf»cgoScoM£«33^«sB30«
ccoccosafScOTtwa^oSasg a)^' ScoaoocooicSsoseiSoaoisCi
C(Eo£l33^«a56^£ff^ing)^33SpTO«CgoScejSt I05@£»afl)
C§taOCtCOgOO0^JGCD7Sc^6E>a»^g333£o333c{^:g&C^<SirnScD
d^coaSBB^Ecarorgi^jgSaa^i a3Q£ng)^e^r^32ar3olt»038£
ass^iwcgigs^^GcpSaGproiscoScaDoegoStcgoSccooogjSao^
og|^§g633^3D3£(^£sa33tc§!e§^33o«ol£roc5oSc»uo»#»«g
C330Q&ClC30O8^«»5f^l
ax>u •n»gSr]g|S^tc^tC£i coulu c^^^nvgSoMB&^flsM
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03^QS^a?OI6^ult33<jl|WSUtUCglCO(2|l8a>Co1c5coSeGcin
J
204
sUvo quits the priest-hooil and becomes a lay-maa, he shall not be
reclaiiTicd as a slave ; let him bo released from his state of slavery.
Why is this ? — because it is a matter having reference to a future
state, and the ceremony of dropping water has been performed. And
if this slave, whilst ho is a lay-man, shall from want become a slave
to another person, it shall not be lawful, but let him be the slave of
the children or grand-children of his original master; and when he
can pay his debt, let only the original sum be taken ; they shall have
no claim on the ground of his having been their hereditary slave.
If in tlie service of his master, such a slave shall commit some of-
(cncc for which death is the punishment, and if he escapes without
the intervention of his master, by his own means, the master shall
have no right t(» claim him as his slave originally ; let him be free.
If from his own neglect, the punishment of death shall be incurred
by him, let the muster be held free ; let him lose his life. If he keeps
out of the way on account of some offence committed, and the mas^
ter be obliged to pay compensation for him, let the master bear one
half. If on account of debt, or any matter, not criminal, the master
give^ over the slave as his substitute, though he suffers confinement,
he shall have no claim to release from his condition oft slave. It it
iiaid that in all matters not involving death, children shall answer for
their par^tits, and slaves for their masters, and because he ought to
l»ear his master's burthen, he shall have no right to claim release
from slavery : let him him not be released. If any hereditary slaves
living in the same place, shall have children and descendants, and
•hall establish a village, they shall not be released from bondage to
their master's children and descendants; because they are slaves to
all eternity, and slaves that the master has a right to employ in any
business without exception. When any hereditary slave shall be sold
with an agreement tliat he (the seller) will not redeem him, and if
by good lortiine ho become free, he is a rising slave; let him go as
a C4mipanion to the children of his original master only.
As regards the se\en kinds of slaves given by grand-parents, pa-
rents, relations, or friends, it is thus: 1st, when an hereditary slave
i« ^ivcn, let such a slave be owned as an hereditary slave; 2nd, when
a purch.ised slave is ^ivon, if he repay the amount, let him be free, and
let hirn l>e employed until he does so; 3rd, when a Thong-ya slave is
;riten, the receiver shall have no right to say he ought to be heredi-
tar> ; he may be worked while his situation is agreeable to him, till
hi<< ransotn is paid, or till his relations are discovered; 4th, when a
Pan-ya is given, the same rule holds good; 5th, when a Let-ya is
;^i\eii, it i> the same ; (ith, when a person who is living on tnolher's
liounty IS gireii, the giver has no right to make the gift nor the re-
ceiver to recei\e it ; let him be employed only as long as it is his
fkleaj»iire ; 7ih. uhen a man's own children are given as slaves, the
;iw>r and rec(-i\pr have a right to make and receive the gift : but if
coaSogStDcesgt^QogScgtSogotcasScgoSeM i^oS&^i^
gSi wajoS^S ^cutgStggos^ictjgSulico jg6uotcidli<ig32tgao(§
gxiSj^Sggat^QacBa^ngi^oaepfocoSieooaSiaogSa^ogSi^^
cgc5c»i oooiB^egicooSoaccoawoaaaji^^c^ogS ooy^WBiy
CD§a33Go^c^C33ScgoSeei (»^c»^c5a3oa3§uec»S^^iC3t(£
CO^I03CaOoS§C:£9(S'ol3f2li(^oSS£CQScO^!35g8w§l *qSs>|
og£§(^a^»«»Sca>£^7:x>Scor:^32°S^ ^E<;uiG^EKi»^ir8flOc£^
^cotccaSceiScSucna:: ^r^asaSra uco SsarajE c c CO snc(
r^oS'c^KJ^gicsi d^<Tgl?S'=^'^°3^=°^™ ws^c^^S cg<
co^Scei i^§(§cgoSOTgSiico£o^j«coo!i(^jo(i33cSga«£
^cajeoocScbj^Ecgico^coocoosooisixS'^eei •:Src3uBc6
tfn^J,o*a)£gSicaj^£!|o33S£6^c>g33Gpc»j<5'sp8i^SispctO30^
o^tco^oa^ioogS 033C os^f^ coDoScp <^5 OT^^iy^cwoSpi
(i)ec^So3oi^fc5(»cer^Cf,3gotgEicc«303a»(j^fco£a8idBaM«
s^t^^ogoieosSi cascoaSo^secoSoaeotsc^jScci cvoo^&H
205
tlie person ^ivon, after having l>een employed by Uie receiver, shal
leave him, lot hitn be froo. It is not a g'lfi of gratitude, but of affec-
tion : he may be worked as long as it is agreeable to him. If after
having submitted to be employed ten years, he shall demand his re-
lease from the .state of slavery, the receiver shall not, on the ground
of his having been given by his parents, claim his price nor consider
htm an hereditary slave; let him be free. If one generation shall
have passed in slavery, let him be released on paying his proper
pric^. Why is this ? — because they have submitted to slavery for
«»ne generation ; thus the lord recluse said.
As regards pledged slaves, it is thus ; there is one who is bought for
half his proper price, and one who is bought for less than half. And
though these slaves be handed over in full right by the seller, the buy:
^r shall not have full proprietary right in them ; they shall be held to
be only pledged, and shall not be employed in crossing a river or on
(be further side of it, nor in climbing trees high or low, nor iball they
be employed in pouring water, nor taking a part in the ceremony of
betrothment ; if they be so employed, let them be free. If one of
thejie slaves commits any offence, and his master punishes him by strik-
ing him with the bight of a rope, a ratan, or the elbow, or bjr slapping
hm face, no Uame shall be attached to him ; but if the beating be se-
vere and he die, let the price originally paid for him be deducted
froni that oftni men, the compensation for murder, and let the ma.s-
ler pay the balance. If a limb be broken, or an eye blinded, let
the price paid for the slave be deducted from the compensation for
such injury, and let the master pay the balance. If the roaster have
ftirciblf* connection with such a slave, let him pay compensation in
«»ne hundred (iickals) of silver, minus the price of the slave. If
the slave is consenting, and refuses to remain as his wife, let her
pay the price of lur IkhIv Jf the slave is willing to remain as his
mtV, and tlu* master refuses to keep her, let her be free. If the
money fi>r which she is a slave l>e equal (to the price of her body,)
let It be kept by tiie master ; but if the sum l>e less than the compen-
>>ation tu be paid, let her make it up. If by her means, a spade, Sal-
ter, goblet, buffalo, o\, (k any thing animate or inanimate shall be
brokc*n, lost, or die, at the time of her paying her redemption, let
lier replace them. Though it is thus said, if the buffalo, ox, horse,
or elfphant, shall have died, have a limb broken, or be blinded in
the <<^r\ice of the master, performed by his order, they shall not
be re|>laced. li the ."lave was ordered to go in the morning, and did
not go until the day tune, or went to a different place, or by another
road, and death or breakage ensue ; let it be made good. If the
proper road have l>een taken, and the proper place gone to, but the
vlave have beaten (the animal) in an improper manner ; let him re-
place It If the master sent him, but (the animal) shall without suf-
firi^ot reason be lo«t. or by the art of the «la\e shall be injured or de.s.
o3^^!r^o8ogoSa3col£a§S!iiro(^x§y^ioSogoSajcolcsg8ti
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c8ic^oocuue> :dro3!s^cnfl?i c^3^£ueeea3ScopSfc^ta£ai|
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J
206
>yod , lei It be made good. That wtsc uieii riiajf understand every
irig regarding these two kinds of pledged slaves, the law is laid
>«^n as follows : — [fa man knowing another persoo to be by profea-
)n, a climber of Palmyra trees, submits to be pledged to him; or in
le manner knowingly submits to be pledged to a frequenter of the
rest or hunter, or to a fisherman, or to a travelling merchant, or to
ferry-man, or to a boat-man, or to a farmer, knowing that he has
I his farm elephants, tigers, vicious hogs, or venomous snakes, and
Tees to assist them in their various occupations, he may in any of
e above seven instances be employed as agreed upon, without
lilt. If whilst engaged in any of these empToymenta on the mts-
r's business, the slave shall by some accident die, the master shall
se the amount for which he was pledged, and (his relations) shall
4. claim or receive any compensation. Why is this? — because it is
nilar to tlie case of two men fighting in the assembly, where there
no blame if one dies. Though it is thus said, if the master have
>t sent him, and the business he was employed on was not his mas-
r*9, but he went of his own accord, should he fall from a palm tree,
be bitten by a tiger or snake, an elephant kill him, or an alligator
rry him off, or he be drowned in swimming; the master shall not
§e his money , the parents, wife, or children, shall pay it. Bat
ough It is thus >aid, if any thing smite him so that he die, while
gaged in his master's business, although he be so employed of his
ru accord without having been sent by his master, or without his
lowledgp, his price shall be lost. If a pledged slave shall fall sick
nisi with l.is master, let him be returned to the charge of his pa-
nts or former muster, and let them attend on and administer mc^di-
ne to him. If he shall die whilst with his former master, his pa-
Dts, or liiH cliitdrcn ; let them pay his price to the creditor, and six
•OS a day as ilio price of his labour, reckoning from the day on
iich he ce.i.sed to w<»rk If he die with his master, there is no
lit , let Ins price be lost (to the master.)
As reijnrds ihe two kinds of slaves who are the property of the
istt'T, It IS thus: one m a person belonging to some class of the
ng •* "-erv aiii>, and lMni;,'ht for his proper price ; one bought for more
an his proper price. When their price has been paid, let their
iildrcn be taken as born slaves; and if they run away and die, let
e master Io.se ttie money paid; if they get a wife or children du-
ig the tune of (lieir running away, let the master take them as his
operty if one o! these slaves runs away and dies with his wife or
iildreu. Iii^ price, on hi> death, shall not he demanded , he is a Maie
f proprri\ nl 111*, rii.isier. If a sla*e of this description, »hall run
rav «Hi I he day he is l»ou;jln, before the ina»ter has employed him.
d shall die with his or her parents, relations, wife, or husband, or
ildreii, he sImII not he held free, let the person who sold him, or
- h'jii^, il J )e:ii \\j\ rri*\x^(\, piy twice the amount he wa* jcid
raota^c^tf* 0(£^f }S«^cScg3cSooGoo3|Se*g(^ 0>8»w&y<
n»aacol£rax>Si oc|^3x>c^cgc5cBt :^n»t«a2c5o^g|(4^aDd||j
oa^&QSicoaSaac^Sic^coiaaS'cBycQctid^cQogaSigiiQt^
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eeic^3Ko)c5<Kcr»<^039i u£^4^'£g£ 3S«eo)B:>9|&ulicxo
Mi
207
It a )(Mr h.i> not < xpired, let the inonthn be reckoned and
ytnoiit made accordiii^ily ; the children of the slave shall not be
Lcn a.s Ixirn shnrs. Why is thii^? — because he was bought as a
ve on a written engagement, and (the master) had never employed
n. Though it is thus said, if at\er seven days, a month, or year,
s»hall abscond and keep out of the way, let his master have a right
demand and take five mats a month the price of his lost labour;
d if there be any children born,* let them be taken as born slaves;
d in paying his price, let the original amount be paid. If any
\e shall owe a large amount to his master as the price of labour
t, and the master shall not take it, but the original amount paid ; if
er the bond has been destroyed, the master shall demand the price
the lalniur lost, it shall not be recoverable from any slave what-
>r ; let hun be free ; but if the price of the lost labour be paid, and
' original sum be left, the account shall only be settled on pay-
•nt of thf' original also. For this reason, — Oh king! the branch
inot be larger than the trunk, and after the tree has been felled,
' branch cannot live; hut although the branch be cut off, the
lole that IS attached to the root grows again; so after paying
> price oflahoiir lost, etjual to the original amount of debt, theori-
lal price shall not be added to; though many years may have
p5e(i iK-t'ore it be paid, let the original s«m only be taken. If he
[iiiot pay tiie original sum, and if after the amount paid has been
tered iii tlie bond, he shall run off again, the roaster has a right to
' prire of latiour lost at five mats a month until it amounts to the
einal ^uu) ; but after this, he shall not a third time have aright to
iiiaiid an a<l(lition. Why is this? — because in the first two add i-
m
rial sdin^ taken, the trunk of the tree was not dead, on account of
' r<Mtt«, and as the branches and leaves spring again, he had a
ht to (brnaiMJ it. Thus Menoo the recluse said.
( >li km;: ' a*^ reirards the four kinds of slaves who have become so
m d<-ht, It 1^ thus |pt, a >lavc who becomes so for an original
t>t ; *2iid. a sla\e who becomes so on account of the interest; 3rd,
U\e who iM'roines so on acroinit of both; 4th, a slave who be-
riH'^ >«• hy Ix'ing Mcurity Of these four, as regards the one who
roiii<'> ^o tor ail orii;inal sum lent, if he pay the original sum, there
all b* no interest ; it is like the Cuckoo depositing her egg, there
no n«\v -li.M.t (interest on the money, or advantage to the bird
irhmir '*><^ • L'lr ) >f t^*** original sum be paid, let liim be free.
ioii«»l» tlii^ !•- ^ihI. if tlie <lebt be equal to the price of his body, or
iihb tiiat inioiiiit. It i«i meant that the debt should be satisfied by
>nuMii n| (lit ori;:iii il siifii , but if It be more than double the price
hiH \*iu\\ li I only uli.it IS propi'r \h* liquidated by the price of his»
MHir . It ( Iniii pay fioth the principal and interest of all beyood that
111 \i\^ rl.ii'lmi ^tiall not be taken as born slaves; he »hall not be
<l»Io\. d 111 cliiiibinL' tr»cs, at a distance, or in any of the seven (pro-
joo
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GBSj{cgo§gSccx>oog)^|Sol2026{> § ccooqG£j|8cgo60f^fiS
n^«^cx)Oi coo»j|8eaaoo^cgoS6ei 8QocD8oooiGgi(g<Oflg||^
.^.^-jj
208
hibitcd) places. If the original sum borrowed be not equal to the
price of his body, there shall be no interest. If he goes into his credi-
tor's houne like the Cuckoo depositing her egg, let his services be
valued at five mats a month, and if it amount to the sum borrowed,
let it be liquidated thereby ; if not, let the balance be paid. If the
price of the labour be greater, it shall not be paid (to the slave,) nor
shall (the master) make any claim that his money has not been paid.
If after having borrowed the money, and worked a short lime, the
slave shall cease to work, let him pay both principal and interest af-
ter deducting his monthly hire (for the time he did work.)
As regards a slave who becomes so on account of the interest of a
debt, if he has paid the original, but not entered into any slave bond
for the interebt, and the money has not been weighed out again,
there shall be no increase of interest; let the price of his labour be
valued at five mats a month, and if it equal the amount of interest,
let the debt be satisfied ; if not, let the balance be paid without in-
terest. If the money be weighed out to him afresh, and he pays the
interest, with this money for which he has executed a slave bond in
the presence of witnesses, let him be considered a slave; and if he
does not work, let him pay double the amount borrowed ; if he does
work, let him cuiitinue to do so till his wages amount to double the
Mini ; his children born to him shall not be considered born slaves,
because it is a kind of deception on the part of both the debtor and
the creditor.
As regards a slave who becomes so on account of both principal
and interest. When the time for payment of principal and interest
arrive5, if no slave bond is entered into, he shall not be considered a
sUxe : \vi the debt, both principal and interest, be liquidated by his
labour at the rate of five mats a month, and the children born to him
«haJl not be roii.Hidered born slaves, it is only putting himself in the
place of the new debt ; so if he has children, they shall not be taken
as born slaves ; if he dies, let the balance of principal and interest,
after deducting the price of his body, be paid (by his heirs.)
If a pers4>ii ha.s stmxl security for a debt, and the debtor shall ab-
scond or die. and the security being unable to pay the principal en-
ters into a tila\e l>ond, or has the money weighed out and returned to
him, let him pay only the original debt by the monthly hire of his
labour, and if he dies, let the price of his body be deducted, and the
balance l>e paid (by his heirs.) Why is this! — because he was not
the original debtor, but only the security.
As re^ard.s the two kinds of slaves who become so for having had
rnminal connection, and are unable to pay the compensation. If the
offender dies, let the debt be cancelled ; the parents or children shall
not be liable. If the one against whom the offence was committed
die^, let the debt be cancelled; her parents, husband or children, shall
joe
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J
209
luive no claim on the oirender as their slave. If a new king succeed
to the throne, or it be seized by an usurper, let the ofTeoder be free.
As rej[rards one who has become a slave to a third person for the
means of paying the compensation in the above case ; be shall have
no claim to his freedom on the succession of a new king ; he has
taken the price of his freedom from a third person and become his
slave; if he has children, they shall be taken as bom slaves. Why
is this? — because the person (to whom he has become a slave) is
different (from the person against whom the offence was committed.)
As regards a person of another class having bought a Bramiy
>lave, hs shall not be considered a slave, nor shall he be caused to
work ; let him only pay back his purchase money.
Nor shall Bramins make slaves of each other, or cause each other
to work ; let them pay only the debt originally incurred.
It Ls not proper for any one who is not a Rahan to purchase a Ra-
han and make him work ; let him only pay his original debt.
Nor shall Rahans make slaves of each other, or cause each other
u> work ; let them pay only the original debt incurred.
If the children, or the husband or wife of a person, living in the
performance of religious duties, shall take money from a person to
iiecome his slave, he shall have no right to work him (or her;) let
the debt l>e li()iiidated by the payment of the original sum only.
As re^^ards a free man becoming; a slave as a substitute for his
wife, if (lie woman dies, let the free man be released.
If the mail he a slave, and the woman free, and the takes upon her
hi<% slavrry, if the man dies, let the free woman be released ; this is only
said of thoM' who beloiijr to some class of the king's servants. If the
>lave Ih> an hereditary irredeemable one, male or female, and shall die,
let the free person be released ; but if the slave does not die, though
f he free person who is bearing the burthen in his (or her) room should
Hi«\ the irredeciiiahle sla\c shall not be released, let him (or her) re-
turn to ^lavery with the original master. Why is this! — because
I hey 4re hereditary irredeemable slaves, and the substitute was only
allowed to reli«>ve them for a time.
\> regards the children or wife of a sla%e man who belongs to
•nnie clas.s ot the knife's servants, taking upon themselves his servi-
tude as subMitiites on a written bond; if the substitute shall die.
vihriher there be a tran.<^fer of the original slave bond, or tbe money
due be weighed out a^ain (to the substitute and returned by him,) or
the MibsiituU' comes in without these forms, let the debt be cancel-
Iw) . (here shall be no demand against the original slave still alive
i^ the money weighed out ; let him be releued from his state of
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J
210
u?rry. Why is this ? — because it was boi a debt, but a slave bond,
lilt if the substitute has any children, they are not free from the
rMidition of born slaves; as mud and water go together, so his wife,
bildreu, and parents, are not free, because they are his heirs.
When the younger brother becomes a stave as a substitute for the
der. the elder brother for the younger, the younger sister for the
der, or the elder for the younger, if the person acting as a substh-
ite ^hall die, let there be an end of tlie slavery; but if the person
ho was originaJly the slave die, the substitute shall not be released.
As regards a person who has become a slave for having stood se-
irity fcfT the slave of another person, and being unable to produce
m, if the original slave shall die, he shall not l^ released ; let him,
cordintr to his bond, pay the amount for which the original slave
iM in lH)ndage. If the security shall die, there shall be no claim
ainst his children, wife or parents; let them be free (of the debt.)
a new king succeeds to the throne, or an ttsurper seizes it, let him
be substitute) be free.
As regards a person who has become security for a debt, and the
iginal debtor having run away, the security becomes a slave for the
lount, let the rule be the same as the above.
As regards the three kinds of slaves who become so for benefits
nferred, they are, those who become so from inability to pay a
y.Hician ; from inability to pay a pleader ; and those who become so
one who has fed them when starving ; let these three be released on
|ring what was originally a^reed on ; nor shall their children, if they
le any, bo takou as born slaves; nor shall the master, on the plea
It the slave, after he became so, had left his service, demand any
Dg as the price of labour lost ; and if by his exertions he h&s ob»
ned a profit for Ins iiioMer, let it be deducted from the amount due,
1 let him be released. If the value of the gain which has accrued
his master thronjrh him be not demanded within seven months, he
Jl mu rerover it : and if within the seven months a new king has
reeded to the throne, let the debt be cancelled.
Kp re;;ards n slave who has become so by coming into a village
I liavint; a place to build his house on allotted to him by the th<K>-
^, though It be a slave who has become so by written engage-
m. sayiiij;, " I wish tc» live a short time in your village; take this
Id 4»r this slaw and use them as slaves," if an usurper seizes the
>ne. let him be free. Why is this? — because having set up the
i3 <>f his house, he has l>ecome a resident in the village with him,
I I partner and companion ; and even if no usurper seizes the throne,
ciiild or slave S4> fi[iven shall in three years be free. Why is
' — biraiise it is is laid down that a person coming from a dis-
re. and takiii<; up his abode in a village, in three yearn shall be-
i« ill Ai^c»*. (that i" '^hall l»#*nrhu part in the villagr asses^ment'^ )
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211
r a person in buying a piece of ground for a house, from an inhi-
nt of the same village, and not licing able to pay for it, shall give
' his child, wife or slave, in payment on a certain vaiuaiion, wnat-
' he shall give over, animate or inanimate, shall not be freed uii«
the price be paid, even if a new king succeeds to the throoe ; but
e cannot pay the price of his redemption, and the person who is
aved shall die, let him be free, and the children (of such a slave)
1 not be taken as born slaves. This is when a person has bought
1, paddy fields, i,'arden, a place to build a house, a kyoung or ra-
a, a Thien or Zayat, whether for a work of merit or for the buy-
residence ; when he has paid the price agreed upon, let the man
edeemed. If any thing, animate or inanimate, man excepted,
been valued and paid over, let the right to it be complete; if it
been paid in pledge, let it be a pledge. This is what is laid
n regarding the twelve kinds of slaves described in the Damathat,
the four kinds defined in the Weenee, total sixteen kinds of ori-
J slaves, and the seventy-five minor classes into which they
ich off.
.et the price of the monthly labour of those slaves in whom the
It of possession is complete be five mats, and that of a pledged
e six moos and four yooays ; this is only said of a male ; the price
woinan's labour shall in both cases be half that of a roan.
k. The rn^r irhirh occurred in Benares with ike Tkaiaifs damgk'
tcr, who iras a since in the house of her eider sister.
Ml excellent kni^ ! as regards what is said of not taking any in-
•it or advance (on the sum paid) from a slave of the master^s fa-
r, there is thir^ prece<lent. In former times, in the country of
lares, the first of the three evil periods, viz: famine, rapine,
der, and pr^tilence, having occurred, and the rains failing, rice
dear, and there was a famine; a koontsa* of rice was sold for
ty tickals of Mlver. At that time there was a thatay who had
dau^htrrs. the rldrr of whom was blessed with abundance, but
youn^rer and her husband had no food to furnish either their
ning or evening meal. Then the younger sister said, '*give me
value of my body, one koontsa of rice, and employ me as a
e." So the elder sister gave her a koontsa of rice, and eaoeed
yofiniier to work. When the harvest came, a ooosidarabie qiian-
of pafldy was to be bought for one tickaJ of silver ; then the bus-
d of the younger sister returned a koontsa of rice to the elder,
tog, '* In the time of the famine, your sister's life was preserved
[>btaining a koontsa of rice ; now take it back." The elder sis-
replied,'' previously a koontsa of rice was worth thirty tiekals of
er . It is not proper now to receive back one koontsa only;*' so
• A iDMavrt Bbovt •qiMl to a pfeat
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iX'jTcd iter two ; tiioc* she al»o refused to take ; (lieu he offered
tour, which she in like manner refused, saying she ought to rc^
e thirty tickab of silver. So they came before the loro recluse.
Ml he had heard the whole case, he said, if it was a case between
»le not related, the debtor would have to pay, not a koontsa of
, but thirty tickaU ; but here it is not a stranger, bat a sister,
1 of the same father and mother ; it should be a matter of griti*
Let the one koontsa of rice only which was giren, be return*
it is not proper to demand the price it was al formerly, aor
fit it to be taken. Accordingly, children of the same parents
I take the original sum without any interest or advance. Thtt»
Mcuoo, the recluse, ordered king Maha Thaniada.
*^th. The late ichcn an elder slave runs off with a y<mn4(er one,
k'hen a free woman steals and runs off with a raa!e slave, she shaft
the price of his lK>dy, the price of his lost labour, and all theeiK
ses incurred by the master of the male slave in pursuing them.
1 free male steals and runs ofTwith a female sfave, the law is the
e : this is said when the slave is not an hereditary irredeeroabkr
Oh kiiiv;! when a free man or woman runs off with an heredi'
irredeeinablr «i:ive, and the master follows and falls in with
n, let the free person pay all expenses; and if the slave dies, let
I l>e valued, and lot the free person pay thrice the amount; and
hey have children, let the master of the hereditary slate hare
n all in full ri^ht, because he did not give them in marriage. If
^lave <l(><'s ikU dir, let the person nay also the price of labour lont ;
[lall not be considered a case of theft of a slare, it is a matter of
ful pa.Hsii>ii and mutual consent. Though it is thus said, if the
ler ill hi> piirsuii of them does not find the slave but the free per-
aiid on iii<iniry of him or her shall be told that he or she did not
II or conceal or have sexual connection with the slave, snd shall
Twar<ls t'uid the sla\e, and on inquiry (of him or her) shall ascer^
I that the free pers<»n had really concealed the said slave, let the
e l>e ^iveii up, an<l let the price of labour hwt and all expenses
paid ; the fret* person shall have no claim on the slave as husband
wife .As reirards the compensation for the theft, it is laid down
t twice the amount of the slave's proper value shall be paid ; twice
1 a balfi^ al^o laid down. Why is this? — because he or she de-
d the fact If the fact of sexual connection be admitted, the free
9<ja, after having deli\cr<'d up the slave, shall pay the expenses; in
<f of the >la\r's death only, the free person shall pay three times
i>r her pro{H*r value If the slave does not die, the free person ha»
% to ^wv him or her up, and bear the expenses; as the children
i«t be hereditary slaves, there shall be no compensiiticiii.
If an hereditary irredeemable sisie, and a slave bought out*right,
ill run olF together as hu*>baud and wife, one stealing the otuer.
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213
d the master of the male shall find thero, let him ffi? e over the wo-
m to her master ; if he cannot give her over, let him pay her pro>
r price, let him also pay the price of labour lost ; and if she dies,
o, let him pay her proper price ; if whilst they are awav, they shall
re any children, the master of the hereditary slave shafi faa?e them
This is said of an hereditary male or female slave, and a boogbt
ive, male or female, belonging to some class of the king's servants,
it be not a matter of lustful passion, but a younger slave who is
ught and belongs to a free family, and an elder slave, who is sohe-
litarily, run off together, let the elder be considered as the thief of
t younger ; if the master of the elder follow (and take them,) lei
n make over the younger to his master ; if he cannot make him
er, let him pay the price of his body, the price of laboor lost, and
i price of recovering him from the village (he may have taken re-
;e in.) If a bought slave of a free family, being the elder, shall
ml and run off with a younger hereditary irredeemable slave, let
* master of the elder, having reclaimed them, give up (the younger,)
f the price of his labour lost, and bear all expenses; and if he
•0, let the master of the elder pay three times his proper price, the
MMint of labour lost, and expense of recovering him. If he has
en concealed, and the master finding him, on inquiry shall disco?-
that the elder slave concealed him, it is a matter of fellow slaves
ncealing each other ; the concealing party has been ordered to pay
nble the proper price (of the concealed) in compensation; twice
d a half has also been laid down. This is said when a river has
en cros5ed, and the slave is hidden in the hills and forests. Oh
ig ' by a yoiiiitr slave, is meant one not more than twelve or thir-
»n yearu of age ; an elder slave is any one above the age of twenty
ars.
29/A. The law trhrn full-grown slaves run away i^gttJur.
Oh kin^! if a bought slave of a (free) family, and an hereditary
ive of the same a^e, shall run off together, not in a matter connect-
with lustful passion, if they are both grown people, one shall not
e the other ; but if it be afterwards discovered that one had de-
ived and seduced thr other, the judge having well enquired, shall
ier the master of thu one deceiving and seducing the other, to pay
the expen**t-<
iUh. Tkf law trhrn a man and his wife^ ^^^ kertdiiary $la9ts^
run away together.
Whf^n hereditary slaves steal and run off with eaoh other, tlntNigli
r influence of lustful passion, if they have become alaves in a
aant district, or incurred debt, or had to make eompensation
' an offence corninitted against tome one, let them pay equally all
joe
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ii.i\r iio rl.iini on lli«' olVt'iider as llieir ^la\^^ ll a new king succcici
lu I III' throne, or it he srized by an usurper, let the otfcnder be free.
As re;Tards one who has become a slave to a third person for the
means of paying the compensation in the above case ; he shall have
no claim to his freedom on the succession of a new king ; he has
taken the price of his freedom from a third person and become his
slave; if he has children, they shall be taken as born slaves. Why
is this? — l>ecause the person (to whom he has become a slave) is
different (from the person against whom the ofTence was committed.)
As regards a person of another clas» having bought a Bramij
>lave, hd shall not be considered a slave, nor shall he be caused to
work ; let him only pay back his purchase money.
Nor shall Bramins make slaves of each other, or cause each other
to work ; let them pay only the debt originally incurred.
It is not proper for any one who is not a Rahan to purchase a Ra-
han and make him work ; let him only pay his original debt.
Ni»r shall Rahans make slaves of each other, or cause each other
to work ; let them pay only the original debt incurred.
If the children, or the husband or wife of a person, living in the
performance of religious duties, shall take money from a person to
become his slave, he shall have no right to work hiro (or her;) let
the debt be liquidated by the payment of the original sum only.
As rr<;ards a free man becoming a slave as a substitute for his
wife, if the woman dies, let the free man be released.
If the man be a slave, and the woman free, and the takes upon her
hts 5«lavrry, if the man dies, let the free woman be released ; this is only
<aid of tho>e who belong to some class of the king's servants. If the
<^Uve b4> an hereditary irredeemable one, male or female, and shall die,
let the tree p^^rscm be released ; but if the slave does not die, though
the free ()erson who i.s hearing the burthen in his (or her) room should
Hie, the irredeemable j%la\e shall not be released, let him (or her) re-
turn to ^lavery with the original roaster. Why is this! — because
they are hereditary irredeemable slaves, and the substitute was only
allowed to relieve them for a time.
\> rei^ard^ the children or wife of a sla%e man who belongs to
»n<iie class ot the king's servants, takmg upon themselves his servi-
fiide aN N|]h^tltutes on a written bond; if the substitute shall die.
wlieiher there be a transfer of the original slave bond, or the money
due be weighed out as«in (to the substitute and returned by him,) or
thr Mil»f«iitute coiues lu without these form«, let the debt be rancel-
Ud there >h4ll be n(» demand against the origmal slave .«till aine
t r I he m'^ii'^v weighed out . let him be released from hiJ» state « f
J35
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215
! iM no fault. Hut if after they have said that he is not there,
tna^ster or creditor shall discover him in concealment, let him
re two for one ; two and a half has also been laid down. Be if
ercditary slave or a slave of free family, let them be valued, and
(utioii made accordingly. In the case of concealing a debtor,
ayin^r the <leht, principal and interest, let the concealing head
be free of further trouble, but until he has done so, he is not free.
mnster or creditor, on merely seeing his slave or debtor in a vil-
or town, Fhall forcibly seize him without making a report or re*
ice to the Ilead-mau or Thoogyee, it is an oflfence and disrespect
1st the Thoopyee : he shall only have a right to take away the
>n he has seized on paying half the amount of his liabilities. If
ffer (to the 'riuM>rryee) before seizing him, the price of removing
from the village has been laid down atone viss of lead; one
J of silver for each person has also been laid down. Having rc'
led him at this price, let him take him away. If whilst the maa-
r creditor is callin<^ him away, without having reported to the
^gyee, the Th(H»i:yee or any of the villagers interfere, and he es-
9 and is lost, let the person interfering, be it a slave or debtor,
ler and IkukI liini over ; if he cannot do so, and on enquiry it be
ed that it was n slave or a just debt, let him make compensalioD
he amount.) If any slave of a free family, bought in full right,
by Ills labour in liis niaster's house, have obtained property, and
propose to redeem himself, let the master first take one tenth
I he possesses, and release him on payment of the original sum.
if he (Iocs not do thus, but claims the protection of some power-
hief III ordt r that he may not have to pay his price to his mas*
or ^ive up onr tenth of the produce of his labour, and the mas-
«hall prox rute Inin, let his master take all that he has, lei
be li.il>l<- tnr (io(il»le the original debt, and let him bear all the
rises (of tlii' suit ) ThouL;h it is thus said, if the slave is willing,
iiffer^ to pay what is pro|>or, and the master will not receive it,
if on taUm^ the prittertion of some powerful chief, the correct
of tlif> c i^e shall he known, let him take what incorrect, one
I of the projicrty (of the slave.) and the original sum (for which
lave IS hound.) and let the slave bear all the expenses. Though
thn-^ s iid, if the iiiaftter does not abide by the just decision of
hirf. and u-e^ any violence to the slave, and on enquiry this
atirruards hr proved, lot the master bear all the expenses of
'orin<'r suit Thus the lord recluse said.
' 7V/r itiir irfu n ninmntr or inanimate property is pledged for half
i v(tlu( fur ft yprt iffd timeffor redeeming it before the time is tip.
any one <(|iall pledge for half their valtie, any slave, children,
palmyra ^r coeohinif ifnrden, btiflalcjes or oxen, or any proper-
jo6
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216
animate or inanimate, and the person receiving the pledge shall
e fixed the time (fur redeeming it,) if it be redeemed before that
e, let [the hire or rent for the unexpired time be reckoned, and
telds, or gardens, or men, or oxen, or buffaloes, (be the things
Iged,) only on the mortgager paying the proper amount, let the
tgagee receive it ; if he does not pay it, let the property be retain-
lill the end of the time appointed, and if it be not redeemed when
time is up, let the mortgagee call on him to redeem it ; if he does
, and if the mortgagee before witnesses shall use it for a further
lod, let him have the right to do so. But if he does not thns, but
tinues without remark to use it aAer the time is up, for every pay
ind, let the mortgagee pay the mortgager one tickal of silver; if
loes pay this amount annually, let it be redeemed at the original
I paid ; if he does not pay the tickal yearly, but continues to use
ithout remark, when the arrears of annual payment amount to
original sum, there shall be no claim on the ground that the
ley was lent at interest; it shall not be redeemed by a further
nent ; let the debt be cancelled. Let the parents have the chil-
ly the master the slave, the proprietor the land, and the owner
oxen and buffaloos; let the owner of the money keep himself
►t. Why is this ? — because he went beyond his engagement
fthe above articles are pledged without specification of time, let
n be redeemed at the original sum. The mortgager shall not on
plea of there heiiicr no written bond, redeem the property before
mortgagee has had the use of it. If he does redeem it before
use has been made of it, let him pay double the amount of the
I lent and redeem it. If after the bargain is made, the mortgagee
1 say he does not want the property pledged, and demands back
money, let liiin lose all he may have advanced on it. Thus Me-
thc recluse said.
\. The lair trhm the said animate or inanimate property is pUdg*
i again for subsistence, by the person with wham it was first
Udged.
r the owner of the alxne properly shall not be able to redeem it>
shall say, '' do what is right : " or if he does not say so, and the
tgagee of Ins own accord shall pledge it to another, let it be
Igrd at the 5\\m lent upon it ; if it l)e pledged for more than the
inal sum, let the second mortgager pay the additional sum, and
first the on^nial sum (<m the rcdemptitm of the property.)
I. The law when a slare or child is sold from wtmt^ amd returns
to his orifrimal master or parents.
r any parents from want shall have sold a child outright to ano-
, and this slave shall run away, if he returns to the parents or the
KHi who sold him, and they admit that he bu returiied^ tliey shall
Sdj|&o3otcgi<fiucgc^i03got(pecpStco1£cM
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COS^MOO^H C§0>cQo£lX^«C5)«C033033l:y>£co30fl&OJS
217
not be considered receivers of a runaway slave ; let the children be
handed over to the master, and let them pay for the loit laboor.
But if they deny that the slave has returned, or conceal him, let
them make compensation in twice and a half the amount (of the
price,) and also give back the amount received.
36ik. The law when ike said animait or inrntdmnUt property , child,
or fields^ art sold and resold by the buyer from want.
Oh excellent king! as regards land and bought lUves, being
bought and acid outright, if the buyer from want shall pledge or re-
sell them, let him do so to the sons or grandaons of the original
buyer, he shall not sell them to another ; only when the children or
grsnd-children do not wish to have them, let him pledge or sell them
elsewhere
37f A The seven kinds of slaves who shall not be employed in work,
and the seven who may.
Oh king ! amongM the slaves above treated of, there are seven
who may and seven who may not be employed in work. The aeven
who may be employed arc these : 1st, slaves who have been bought
with goods; 2ud, ihc children of a Hlave woman in the house; 3rd,
an hereditary slave in the family ; 4th, a slave given to the master ;
Sth, a slave saved from misfortune ; (kh, a slave who was ied in his
youth ; 7th, a .«lave taken from the enemy in battle. The seven
daves wlio may not employed arc these : 1st, a Rahan bought as a
fiate; 2iid, Rahaiis Mho have bought each other; 3rd, a Br am in
biHjght ns a !>la\e , 1th, Bramms who have bought each other; Tnh,
a per^K)^ who is h f>erfuriner of religious duties bought as a slave :
fkh, a >lave who lias come and lives under the protection of the own-
• r of the lion!*e ; 7ili, a perfon who haj* become a slave in return for
a plare to huild hi»< hon*e upon. These arc the »even, amounting to-
gether to fourteen. ThuH the tion of the king of Bymahs, called Me-
lioo the ^aue recluse, ^aid.
:^ik The liitr regarding notrhing the bark only of a tree.
Rf^ardtng taking an oath by notching the bark only of a tree,
wbeii there are no witnesses to wnat is said in the forest, a Uee i.h
notched according to the number of the words spoken; this is called
' notching the hark only." As reg irds Ibis eridf nee, — in former time^
99
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^
218
two men were journeying in the tbrcsi; one said (something,) and
the other marked it by notching a tree with his knife, and said, " so
may your words be true/' and the other said, " as ray friend has
marked all I have said is true, let the notches be a witness, if you
make more notches than words spoken, let it be no witness." Thus
these two men spoke and made the marks, and they were good men.
If these forest ran^^ers are not good men, and they break their engage-
ment, some misfortune or accident from their own weapons is likely
to happen to them ; on the strength of this, it is said, to have become
a custom among hunters. This shall not be taken as evidence in
ihe case of any, except hunters, who are not good men ; it is only to
be depended upon in the case of good men. Do not administer an
oath on the religious book to hunters; they may be made to impre-
cate evil on ihemfielves by their own weapons. For this reason, this
** notching of the hark only of a tree " is called the custom of hun-
ters. Thus the lord recluse said.
0\\ excellent king! in another case, men who are in the habit of
washing for gold in the forests, every time that they speak the truth*
whilst wa-hinir, they obtain gold; if they are not true, misfortune.
will come upon them, and their labour will be in vain. They shall
♦*av, »n the south is Samlxxxleepa, in the north, Oodoogaroo, in the
ra*.t, Pvoppn, and in the west, Amyagaura. If they do but say south
I- n«>rth, east is west, they shall get no gold. They may call the
rominoii tiuMT byaka (the pali for a tiger,) and the monkey meggata;
hut if thry do Iiot, and call the monkey a tiger, they shall get no
uAi\ in ilii »r washing, and some evil will befal them. For this rea-
I,,ii. let oathr. he kept, ami the truth spoken, and in notching the
irrf, let the i»iher party (the notcher) also speak the truth. This is
not a < Mi^toHi («>r general adoption, but for good men. hunters, and
•nld washers : tor this reason, destruction always follows on false-
h« mmI
:M/4. 7'Ar fnir irhtn the head of a debtor's rhild, or slave, gitrn to
srrrr, is shacen without Itavt.
i)h km;:' »t aii> onr in ronhning a debtor, or his children, shall
^iiixf ih*ir heads without leave, let him pay compensation in thirty
tir kal- <»l* silver tor the fault, and if this he the amount of the debt,
let It be raiic* lied ; if iht debt be less, let the balance be reckoned
md paid, or if the debt he more, let thirty tickals of silver be dc-
iliirted fr(»iii it. and let the balance be paid. Though this is Mid if
the parents or |>erson who placed them (with tlie creditor) have giv-
*n prrnnsMon. and the creditor shall shave the head, there is no
! vih But thoujli the children or person so placed shall give con-
90 rg^^Dt^I^ff33:»'A§ijrA^r^^t§Ccp£.C330CQSpjl
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219
.^ent, the crcdiior .shall have no right to shave tlie head in aiiy ca^c :
it thr hair he shaven without leave obtained of the parents or owner,
the penalty shall he thirty tickab of siJver.
\Ofh, The late when children or slaves are sieUn or sold.
Oh kin^ ! if any hereditary slave, or slave bought of a free family,
or any person's children, be stolen and sold, let five timea the value
of the person so stolen be paid in compensation ; and if the buyer
cannot point out the selltr, or if there be no witnesses, let him pay
tlie compensation as laid down for the thefl of a slave, five times the
value ; !uid if the seller cannot be found, and at the time of buying
there are witnesses present, let him be free of the Bne or compensa-
tion for the theft, let him return the child or slave to the owner; and
if the seller be atler wards found, let him sue him for the original
price and all expenses, and let a decree be given in his favor. In
all matters of trade, when the parents and owners are known, the law
IS the same ; if it be gold or silver, double the amount ; if buffaloes,
o3Len, goats, pi^s, or fowls, let the advance or compensation be made
according to the kind of animal. If the seller is not to be found,
and there shall be no witnesses, let (the buyer) pay the compensa-
tion, and lot him also return the original (animal) ff there were
many pci»pie witnesses, though the seller is not to be found, tlie buy-
pr »hall not ho arroiinted a thief, let him Ik* free from the 6ne, and
let hirn ronini the property he may have bought as he bought it; if
It ha\o (lie<l or boon h)st, let it be replaced.
ll.i/. Thr lair when firids, {gardens, palmjfra or eocoanut trees y arc
sold in thr abstncr of the owner.
RrL'srHiii;: tiohls for wot cultivation, gardens, palmyra or cocoaniit
tnp4'^, if a {MTsoii s^'ljs them in the absence ol^the owner, on his re-
turn lot Iniii rocovor them ; long possession shall not be a bar to Iiih
ritiiii;: >(» lot itio buyer claim the price fVom the person who sold
rhein to hiin. Hut, il any one of the relations or heirs of the real
owner. kiiow> that the prof>erty has been in the possession of the bu\-
rr and culti\ato<l hy )um for ten years, or if the ownw of the proper-
ty l>e present, an<l dors not claim it during \j^\\ years, he shall not arter
t^iat nclairn it ; oven if the person in |>ossession may have paid no
pnoe tor it. tho olaiiiiaiit shall not have it, let the person cultivating^
kot'p It Ki^ariliiijj ilioso lands, palmyra or c«)Coanut lojies, or the
lik«*, if (In* ori;^iii:il owner does iidt cultivate them, and the llio<tsr>e<*
«*r land iiK-a^iinr lia\«' puhliclv allotted them, and if after three vear>
I he owner claims tln'in. lot the persim in |MKssessi»)n keep them. Whv
\^ this ' — l>erausc it li pro{)erty that cannot he lost, must l>e \u'll
kii«»*%ii. and the owner tiK>k no care of it, did not cultivate the laiifl
•r take the Iruit : but if it be allotted hy force in spite of his remoii-
^S333tegtgB(^et^cgc£s^ojgSEicei oae^33j)Sua^s33ig|3j|£
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220
^iranco, let him have a right to recover it within three, or even ten
yrars. If the owner of the property in question docs not take care
of it, if he has removed to a distant district or kingdom, or remains
III the same district, village, city, or kingdom, though the thoogyee,
iXovernor, land measurer, head of several villages, superintendent of
the city, the heads of the place, their son or grand-son may have
t iiltivated the lands in succession, if the sons, grand-sons, great
ijrand-sons, or heirs of the property shall claim it, let them have it.
Length of time in possession shall be no bar to their recovering it.
If the owner of the property has sold it to another, and because the
purchaser has no children or descendants, the thoogyee, his sons
or descendants have taken care of and cultivated it, if within ten
years, or after the expiration of that period, the original owners shall
claim it, they shall not recover it, but let it be free, and let the de-
M^endants of the thoogyee or governor mentioned, as they have used
It, have a right to it. This is said when the property has been a
long tim<- in possession. If they have sold it, and the owner's dc-
•ccndaiits siiall prove themselves his heirs, let the person who sold it
pay theni the price If he be dead, or not to be found, let them lose
It, an<l if an usurper has seized the throne, let the property so sold
ife (cvc ; tluy shall not obtain possession of it; though a new king
ni.iv have coiuo to the throne, it shall not be free ; if it has not been
»old, Irt the proved tiescendants of the original owner obtain it.
i:nd of thi seventu volume.
LAWS OF MENOO.
VOL. VIII.
59
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J
LAWS OF MENOO.
THE BIOHTR VOLCME OP THE
GREAT WORK OP MENOO.
/ tconhip the god who is worthy of all homage , who possesses am in-
tuitive knowledge of good.
CONTENTS OF THE EIGHTH VOLUME.
I. The law as regards the perfect or imperfect fight in land.
^Z. The seven kinds of right in land.
X\. The eight kinds ofgifls in fiill.
4. The law of adoption in fuJI.
5. The law regarding borrowing clothes, and going to i funeral
in them.
tf. The law regarding borrowing clothes, and unthinkingly wear^
ing them whilst washing the head to' arert the eril influence of the
stars
7. The law regarding t))e watchers of a dead body stealing a fowl.
H. The law regarding assaults committed on an elepbantf-driver,
c»r a hor!*e keeper.
9. The law regarding a slave or a free person hiring himself, and
ahf*condiiig Ijefore the time of service is up.
10. The law regarding hiring a slave, knowing him to be so, witlw
out th« knowledge of his master.
I I. The law regarding hiring of sailors,
ri. The law regarding traders in ships.
|:i. The law regarding the hire for climbing palm, cocoanut, or
other treex, being paid in full or not.
14. The law reirardiiig fornication, committed by a man or woman,
with one living in the performance of religious duties, (a priest or
nun,) who ha.s no one to take care of him or her
These are the laws contained in the eighth rolume of the Menoo
Kyav, commencing with the perfect or imperfect proprietary right
in land, and ending with fornication committed with a person, male
or female, lif ing in the performance of religious duties, and with-
out protection. Having noted the headings, 1 am about now to lay
them down in detail.
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223
it. Thf law rcpnniififr the perfect or imperfect proprietcury
rit^ht in land.
>h rxrellont kiii^ ! the ri^ht of any |)cr9on in Itnd in two-fold,
cr perfect, ur lil^putal>le. Of tiiese two, there is a perfect pro-
tary r\^\M in — 1st, tlio land of soldiers, given to the comptnies
lyal 5crvaDt8; the land given by the monarch in measured alloU
its for the subsistence of Thoogyees, governors of provinces, land
.Hnrerf , superintendents of forests, writers or clerks, heads, or
U\ *Jnd, land that has come by hereditary succession, and been
f in the po«isession of the head man's family, which they use and
ivate for f<><Hl. These are called myaytka^f^ i. e. lands in which
right \s sail! to he perfect. As regards lands the right in which
sputnhle. they are all lands except those that have just been noted
lud in which the right is perfect. Hereditary estates, land that
t>een purchased, land that has been obtained on another's goinj;
y and leavnig it, land that has been openly occupied and worked
lout interruption for ten years, forest land which has been cleared,
I allotted or irivrn by officers, the' land measurer, head man, or
^rintendents, — these are said to be myayskimg, lands in which
t is hahle to (iisptite. Though it is thus said, yet if the Thoo*
r or land measurer, or other constituted authority hare made the
rnrnt; or should the land hsve been worked without opposition
1 the (tuner; or >lionId the land have been reclaimed from the
st and i>rou^li( under cultivation, then if the actual occupant of
I land shall >ell Ins ri^jht, let the right (of the buyer) to cultitate,
, an<l li\e upon it, he considered good and sound ; during the life-
' of the seller it shall not he redeemable ; (i. e. against the will of
buyer.) IJut after the death of the buyer, if the seller wish to
M*ni. then, let hiin do so. If the seller is dead and has left heirs,
ihev wi-^h to redeem it, let them do 8i>.
,s re^^arcl-^ the above land in which the right is perfect, if the
9, graiid-son>. «»r ;;reat grand-sons of the former owner, or if par*
who lia«e a elann to it as partners in working it, shall offer to re-
m It, let them <!<» so. If the true sons or descendants of theown-
of surti l.in<i '-\\:\\\ wish to redeem it aAer a long lapse of years
many *ureeH«.ife kings have reigned, and the (person in pos-
ion) has been working it, let them redeem it at its proper valoe;
lall not be rou^udered irredeemable. But if the original parties
he receipt of the grant, or their attornies, have sold the land oat-
It, or mortira<:<d it, let ihein have the right to do so. If the
J come III ttie temale line, or if it come in the male line, no one
II rrcei\e a share in the inheritance of it on the plea of rela-
ship . they shall not pledge nor sell it, on the plea of being des-
deti of a common ancestor. If it come in the female line,
the p<'rs4»n who takes her place and office aloae inherit If ii
ie in the mul^ line, let one only in the male line inherit bj dea*
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224
cent, and bear the burdens attached ; if there be any debts incurred
on account of these lands, ur any suit or matter arising out of them,
the relations, children of the same parents, or descendants of the
same grand-parents, shall not on account of relationship, bear any
portion of these debts or other matters; let the person who succeed-
ed to them alone bear all burdens, and pay all debts connected with
them. Having cleared all the burdens, should this person, the bead
man or superinteiidant, die, having incurred debts on account of the
land, or as being the superintendent, Thoogyee of the villaffe, if the
creditors sue his widow, on the ground of her being so, tney shall
have the right ; nevertheless, she shall not be obliged to pay. The
person who succeeded (her late husband,) the person who bears the
burden of this land, shall not plead ignorance of the debt : let the per*
•on only who succeeded to the land, the Thoogyee, or head man of
the village, pay it.
Oh excellent king! as recrards both the lands in which the right is
perfect, and those in which it is disputable, if parents, grand-parents,
or relations, children, grand-children, or great grand-children, be
they e>en brothers and sisters, shall wish to redeem such lands,
they shall not have a right to do so; if they have been sold out-right,
let the buyer have a full right to them. Although they be really
relations nithin the seven degrees, they shall not redeem the lauds;
let the buyer have a ri^ht to them at the price or on the terms on
vhich he ori^iiiiilly iMuiglrt them. If be (the buyer of the lands of
which we have been treating,) shall wish to sell them, let him offer
them to all those having a right of inheritance in them; let those
who do not wish to buy them decline, and let those who wish to buy
do S4> It' one who has lieen offered the land and declined to buy it,
shall, after it has been bought by another relation, state his wish to
purchase one halt', if the request be made one year after it has been
bought aiiil worked, let the person who originally bought, have a full
right to it, hecaii'ie the party who wishes to buy has had the off*er made
him, and has allowed a year to elapse; therefore he shall have no
right to It : l<>t it l>e free. If days or months only have elapeed since
he declined to [Mirchasc, and he say, *' I will now buy,*' though (the
poAscssor) shatl plead it has been declined before^itnesses, and re-
fuse to sell, he shall not be allowed to do so; the p|^on making the
offer !<« a relative : let them buy and sell as becomes relatives. If
nfic p4*rson roiiiiected with the land shall wish to sell it, and shall
propoee to all who have an interest in it to purchase it, saying he is
in debt or has to make com(>ensation, if they say they will buy it,
Irt It l>e sold 111 equal profMirtions to all. If one shall wish to buy
the whole, let tlif other bu vers decide whether the whole shall be
>4»ld to him : the si'ller shall have no voice in the decision. If it be
not thuit, but (the seller) has told it to one of the party without let-
tin J another know who hu expressed a wish to boy h, be has com-
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225
miiiol « mislakc ; linking ej<>cied thr huyrr, kt ilirm, f ihe reJatiottn)
Uy wheitipr lie hud ihe right !(■ biij or not, and let it be aold lo
thr: person entitled ti> buy. If xlw person in pouusion ihdl reAue
ti» so!!, and if a siiii it law be inxiiiuled. In him bear all the «»-
[leuws of the suit; and he shall ijoi kcII (the property) to uiy other
peraon ; and as regards the eKpen^e<i of the suil, ht< aball not plearf
(aa an excuse) ihe deicent from a cj^imnun aiii:«4lor. I^t him piy
the cx{>eiisrs. If these lands siioiiM ln^ in iilcit^i- )» nny immnn,
there sliall lie noiiucNtion about tin- 'iji.t. u liu ;<li'''l:;i' )i.i-. Iirci. rundn
belure witncs-ieM, and the pleilgee bis been long in poweuioo ; u
il wa." ori|;iiially pledged, eu ■ball il be ; it abill not be pl«dged to
a claimant on the plea of family connexions. Bui if withtn a month
and a year of the pledge being made, the family conneuom to whom
it ought (intlwfirsi instanue) lo have been pledged, ifaould oAer p>
take the pledirr equHlly among tbemaclvea, let it be so pled|ed ; the
pica of having already pledged it lo anolbei will be of no avaiL If
ibe tichl unit litle in [lie aforesaid tanda, after having be«n in pMge
to any one for a cunsjiderable lime, be offered for sale, let aU tnch
a* arc connexions, buy il. The peraon lo whom ihe lands wera
pledged cnnnot claim iliem on the plea of long poaaettioo.
If theiH' Maine laniU be nut sold, bat if from ibe premura of dihl,
the fruit or grain N- Mild, lei the peraon who bought aod ho wbOK^d
have a ri[;1ii lo do so; ihe rclitinns and family shall not diipute
the rigtit to .\\\ ilir^w lo a stranger ; let the sale be eoafirmsd. Mum-
orrr, uliciliir ii lie a relation or a stranger to whom it ia aold, if ha
ka5 pai>l r.inii-'t iikuii), mid the bolder of the land shall hate Uteed
Utelo-e i1i<' harnnin nn a rertain day, and before that day be slnn mH
it til anoilier, let him pay back double the antounl advanood. Bm if
tb>^ day «f closing the liargaiii is pasi, let bim hiTC the right to sell,
and Ifi thi* ini'-ti'Ird piireha-oer lose his advance. If it be boQght on
a writion iiig.'tgemeni, ihat on a certain month and day the who)*
price itiatl l>i' |iai<j or tlie lands retarned, if on the arrini of that
month and i^iy tlir ironey be not paid, let the engagemeot he abided
by. Ia'I rirr, paddy, cloths, pieces of cloth, rings, braeeleU, goM,
Fitier, nil jirofxriy. animate and inanimate, all mercbaBdiae, be sab-
jrrx III tilt' same nili', 1^1 all property M^d in the market, all mer-
rJtandw. |>r<>|i<riy Hiiimate and inanimate, buffaloes, men, bones,
Hepbani-, iii'ii, ull properly that is bought and sold, be sabiBeiW
Ihe •laiiii' mil-, ini luniin-^, laixls, heldfl, clearing!, gardene, men,
cloihx. pii I-.' iir rolled n"")''', ringn or bracelets, majp be sold in thr
fsiaiU a^H lai.l .li>un 'I'liu^ lie wlio was thr true prioee of Bytfanas,
Mf.„.M,Xi,. ,.tIn-. .11,1
■UJ. Thf irvt» Li»di »f right tm lamd.
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226
lands the possession of which has been obttined by purchise; Srd,
Jands allotted by the land measurer, writer, or superiatendent of
forestK ; 4th, lands which have no owner and have been cleared from
the forest ; 5th, jandn received in gif\ ; 6tb, lands received in gift (Vom
the king; Ttli, lands which have l^en worked with the knowledge of
the owner for upwards of ten years, without his stopping or prevent-
wg the working of them. Betides these seven, there is noolner way
of being owner of land, and these should be known to all ; ind whether
they .«liall descend in tail, or whether the relations shall share them
ef]ually, shall be decided as has been already laid down.
*}nl. The eight kinds of gifts.
Oh excellent king! there are eight classes of gifts, viz., Isl, the
one kind of git\s ; 2nd, the two kinds of gifts; 3rd, the three kinds
of gifts : 4th, the four kinds of gifts ; 5th, the five kinds of gifts , 6lh,
the six kinds of gifis ; 7th, the seven kinds of gifts; 8th, the eight
kindr4 of gif\s: all which I will lay down separately.
The one kind of ^ift : A person from regard to another, gives him
a house, ^aying, '* live in that house," and llie person to whom the
gift was made, lives in the house; if at his death the wife, or hus-
band, children, or grand-children, are living in the house, let them
succeed to it and live therein ; but if there be no wife, husband, chil*
dren, or jjraiKl-childrm, who lived together with the receiver of the
gift, let the giver receive back the house; though relations shall
prove their relationship to the deceased, they shall not have the house.
If he, the rereixer ot' the giH, the dweller in the house, shall have
no children or ^rand-rhildren to inherit at his death, and if he have
property, animate or inanimate, bought slaves, let his relations in-
herit ; and if Ins iriends or acquaintances shall have nourished him
and ininistered to his wants up to the time of his death, and have
then biirird hiin, and his relations shall also have ministered to him
and as«>isted at his riiiieral, if they are in this alike, let them get
the femah> sla«e who is in the house and superintends it as mistress.
I^t all pro|>erty, animate or inanimate, with this exception, goto
the 5i\ relatioii*> on Ixttli sides, and if there be debts, let them pay
ihrni all Tlu* friends who got the female slave shall pay none of the
drbtH ; let tliein \w free from this, and let the person who made the
gift, the original owner, have back the house. The relations, fViendf,
and acipiaintances. who assisted at his burial shall not get the home.
If the |>ers4>n to whom the gift was made shall leave no property,
uoly debt.«>, the friends hhall nut pay tliem ; let them be paid by the
f»ii relation*! on each side as they may have taken part in the foneral.
The owner of the hou«e nl5o shall not be free ; having had the house,
f gSro^f cooti ^Sc^sSg&csooosoefootnSf otccooScocsoocgl
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227 ■
III' >li.ill |i\v liis jilinrc. Wliy is tliis ? — bccnuNO lie lias tnkcn tli«
litJii.ip. As regards llic friends, it was their duty u inhabitaiitt of
the district, lu assist at ihc funeral ; let them be fres from paying any
"i I lie debts. Tliis IS the niie kind I't'cifi
Tlie tivo kinds of g'tl'in : If a fnther li.ivm^ rliildri-n \>y lii« wife,
>hall g<-l iHii daualitera by a female at.iif, imd iliall »ay In them.
'■ \im iiiuM serve yniir bnilhers and siint. a« •lan»," if one of iU«
diiiehlcrs thus jjinn by lior father Hliall ^.ly io lirr*clf, " luy fAllior
whii liud a ri};lii Id ine liKs (jiven tiic awiiy. my mother in ceriatuir a
Fli>e. and ib.M.i-l. »e are children of ll,r .«uie father, I Wi\\ •me
her 111 wbiiiii lie Ii.in given nie," wiien hrr father tnA Minyter din,
the »laii- ddUuliUT uhu ihuM series shall h- t>'-- '"- ■; "'■ 'it niiv
ues:*, >l>iill IK. loriLMT claim her eervic v . ■ ■ ...,„.(,
•he is a ^Ime daughter ulin i>heyed the ' r aitd
nwier. If iln' oilier daiii^hicr, Baying, "though my mother ia a
(tavf, I am ihi- d.-iii^'hier of a good (free) luan, the pemon whuclaimo
my !>erncc is iliild ul ihe same father," denies the right (lo give her
away.) anil shall rel'iise to be employed as a slave, when her father
and inn-iir ili{ ■-. >lie shall only be free on paying to the sonit and
dait;:bier<. hIio arc licr niaslL-ra, one half of ter price. Why in
lhi« ' — Ik laii^e she is a Diatc daughter who fcfuaes lo obey ibe coni-
niand> ol' Iht I'.ilIht nrid master.
The ilir..' liiiiiJT. of gilts : A gift made wiih reference (o futurity —
a £111 tti:ii!<' from a(l\'ciion — a gift made from fear. Prom these again
i^iTini: '"" kind- <•( fiifi-i referrin;f lo futurily, two from aflcciinn,
and iHo fr>iii iiMr One of the gifti referring lo riiKirity ia llitn.
Tliina* iliii liiii- I'll" I'lffred hy a king shall not be arked for back
again (l.i tiir uuiht>,) lil llieni lie hwl ; let the person so demanding
ih.ni Millif tlie iJiiiii-l n of sit sirijies. No due except ihc king
and nm.- 1 ihiir riij:d son ihe heir apparent, are filling people
I., diak.' a ::ili t.i t.m|.l. ■- or convenW -if inanimate Ihinga, land, gold.
ttt -ilii-r. or of am nine thtiigu, men. elephants, hortea, oxen, or bnf-
faloei Tli>' u»iier< (of all.) the kill);, (|ueen, and heir apparent, only
are enlilird to make siirli olTeriiig*. If people who are not entitled
• hall iiifi r iiiniiiMi.iie |iro[<eriy to a kyoung, audit be oflcred to tlte
ki"'ini; anil ma tin- jitu-ls. when the prieni* Bhall divide the |iro)>erly
(.rii Ihe ilralli •>! ihi' aiilx-l.) it shalt remain with tlie kymmg; this
!• laid dull" III the Wernee. (iold. silter, gems, land, hufTaliiea, o»-
rn. •Iav< >. ni^ile and fiiiiale, are all included, and in theae olTeringa,
if a ivile. rhihlreii. elephaulf, huraea, buffalocH, or oxen, be ullared
uid dedicated by the dropping of water, lo futurity, ud ibe oiimr
ct»o£go£|£c^£l£ir^G^[3^33tyid"i. «jgqgo«£si^ O3oicj£»g6ca»
wSjSc^sms^scoS^iSi ii;^D3^og£D5=oqpr^G(^^coigSi
ftooiicn^si u^S^£otja£3|6oljog£oD(Jl!joiojooyl)cSowi
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c^asc^icjc B 1 03 j)£anacp & «£b 8 (J spsgy sp ai3(^ r^s-Qo fS ^o&w
cjcosSco^si 03sQoo5's|q^iu^cooo£iS£scT«c^o5»coSsco« s
03oSsffio£^^! tn^roosf ^oiougo^ c^oSt rocScocS eca^
^ 30 ^33t^£i e ^=0 oSoa^tiscoos^gSsoaoc^o £ « cnsp isrtjpEi
Scc^!«so1c^«(5a35c^uj§ca30s^D£oo^!» i:Sn»isB
u2j|Sfiicd|cax)c»S^£t ■^og£^cn3icutgSt:^tu1fgra£i
g£taxnticg^r^eotg8taoul!ing|^cg£333Sg|3ul33^tJ^Go«§&
cotg£t(^tul(c2^^"^" Cjjias^cootcfit cSoj<X)iS\i
cgt<^ccocoig£tc»u1>i qSoiotc^tc^d^ajosoltcgoaot oa
}§@Smu^j^§gSe»cuig£tc»o1ti=2<n^K§oa^ soott
eM»9c5^co»Stcp8o:>c^euiQ£io3jlti (^&^:fiog6coi
228
^ij^lir.s to buy, or tin* reccuer to sell them back, or give aaother in
'xchanj^c, it an ('({iiivuloiit be oflercd, he may receive them back.
rhu8 the Hon of the king of Byahmas, the recluse, said. These are
he two gifts made with reference lo futurity.
As regards the two gi(\s from affection, one is when a gift is made
from afTection, and the person who made the gift has bcicome poor,
he thing given being notorio^isly still in the possession of the person
o whom it was presented ; if in this case the giver demand it back,
et him have it. Though it be in the possession of the receiver, if
he giver be nut poor he shall not receive it back; and if it be not
n his (tlie receiver's) possession, he shall not under any circum-
•tances receive it back. If both be equally poor, whether the thing
riven be in the possession of the person to whom it was given or not,
he giver shall not receive it back. Why is this? — because neither
Its broken his engagement. In another case; if parents from aflfec-
ion have made presents to their children, during the whole lifMime
»f the children, if the parents wish to take back their gift, let them
lave the right to do so. These are tlie two gifts from affection.
As regards the two gi(\s made through fear, if the giver and re-
eiver be both |>oor people, when the fear is over, the whole of the
property given may be recovered ; but if the gift be made to the king,
|iieen or the heir a))parent, even if through fear the whole property
las iK'en ^ivcn to them, it is not proper on the ground of the fear
•ring <»ver to demund it back. Why is this? — because, during that
eign, their order fixing a man's condition, whether in the respect-
ble or inferior, tlu' exalted or humble, the degraded or middle class,
[iu*«t be at»i<l('d by in future generations, and the law also must not
tc d»»parieil from. Nevertheless, if a new king succeed, and he,
lavin:; |H>wer to annul or set aside all orders except those relating
o pagtwlas and k youngs, shall forgive the fault, and restore the de-
;rade«l p<'rs4)ii to the condition of a respectable man, let him hold
he rank i<» winch his lord has raised him. Thus the recluse said.
The four kiii<ls of iriHs : There are three things for which secu-
if y IS ;;iven ; l^t. for property ; 2nd, for the person ; 3rd, for both J
Lnd four tilings which are given as security in the above cases; Ist,
he |>^r^oii ; -JiKJ, pro{>erty ; Urd, a sdave ; 4th, the master's property
n tli'» "Iflve s possesMon. The^* arc the fiHir.
Th*' tivf kind*^ of {;if\s : giving one's own cfiildren to another to
>ring up. giving tlicm accompanied by a nurse; or by a present;
ureiit*^ giving their children to another on casually asking for then ;
riving them in the *t%n\c way (on being asked) with a preeent; theee
IV e are gifts of a child from tlie lime the navel string is ottt till ihej
JJC
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2-;<)
Tf .it»l» to Uii tu ihi'ir |);trt'nt>. li a |>or>(»ii .^hall ofter lo bring up
hf rhi!.| (>1* .iiiMtlirr, imt iii ml.tiil, aiul Ix't'ort' puberty, from ibc ihird
■r fourth lo iti-* imili vrar of his aj^f, and tlie^ other shall nive ii over.
a\ii»i:. "adopt h!»n as your cliild," whether there he a present ac-
•i»n>p.in\ 111^^ It or not. tins is another kind iA' i^ift, and in these five
•op:,ratt !v drtailt -1 "\\\< ol childrt'ii. if any one uive a child after the
lavel -trmi' is «ti!, s.iyinir, " adopt this child, " when he is urown up,
t tlu |»ar< tii> sli ill -av tlirv wish to havi* it hack airani. if the cinid
hall siy he dots not wish lo iro b;ick, hut lo remain with his adopt-
mI p;ir» Ills, hi> own parent- shall nut ofitain him ; let iliose who
.ri»ni^!it I Mu m;> 1.« ( p linn. It the people \vh(» adtjpled him shall say
:h»v do n«»t wi>h tn jirnii^ hnn up. and make him over to hi;* own par-
•lU-. In ilu-ni t »Kt Inni : thev shall pay n<)thinj! f*)r the la v or con -
Vrrrd. If itn- ;id(»jttrd ehdil withoui permi.*'.-ioii returns to and re-
nam*^ with In- i'\'n |»itt nt ,, \r\ the pir oijs wlio had adopted him
rer<'iM' tin' |ir« prr valnc of his body. .V*< rc^arcls children i^iven by
^heir p'lrrnt^ .>it. r tlu- na\»l ^t^nl^ is cut, sayiri;^, ** ailopt this as
\o;ir rlidd. ;1 ii '-• .m «»>iiipanied with a present or a iiur?e, if the
parent- uj-h t.> t.iix* u l.rjck, -and the child refuse to return, and the
adopting p.irrntv 'Sail rofiisi- i,) ;rive it up, they shall have no right to
t\t* "<. N't hi- t>'\:i j>. rrnt r»*<fivf hini, and let ihe pec^ple who adopt-
#d aiid ''i"i :: ' ..) iij» li.i\r a rjijht l(» inie t'onrili t»r ihe proper price
..f hi »"h . .ih-'i .1 ill i»rin;^uiu' him up <lel»i shall lia\e been iiicur-
n*i. 1« ' 1' ;."^':i'n ;.i. \\i..it v\ ;«•> Hirnrrrd for fM;d. If the adtjpim:^
* I r II. !.! ii.ni itp. 'hall nturn such a child to hi>
\ :v will no* hrni'i iuni ni» any hin'jer, th»'v shall not
■. 'i r •,, !i It. I iitr ••M»;^Mti««n. nor -hall ihcv receive-
I •• ), ■: 'ail i!'"' |» r- til" jii\ .my debts mcurre<i.
• Ml . \' 1.. :; \i' v\,i- !iiad»* our originally, hewa-^
\ i ii M -• • a ]»■ '•-< i.t
;! • ']• ' t • ''"i't ih( el. lid o! aimt'ier. and ai the tirn»*
. •Ml -!i ;ti uiik' tie r.lfef III lhj>. ca>iial wav, ami
. 1 . Ill i •! w In n lir ,- grownup, ft turn and in*-
. !.: 1 ' il • jirn". ••! hi- \u>A\' U- du eird into ihn •
1 :> n 'Il • \\ li • .e!oj»i» d him feeene iU4», aiidlettln*
.. •" » ].\\A- r.ui il tin- s iijH- ch.ld shall iioi ueh
I .' fit'. Mid «l:«- a<h>[Uifi.' p.Uiiii^ .-hall r«'iurn
• '.rm- h!in up. iliev -hill hi\« no rtnmner (
1 I. I 't. lil tin V h.\^« lilr pi e •' cf hi • b<HU II
i .. 'i ti.-i'i lo paf» ill . |t» tKin^' lie m .i j«r« t lit.
' v. Il I in!(! , Il \v lit n Mm « hdil i- ;,'ro\\ii it|i
. : ii;i ^^Jl:l III > oii^'iiial p!r»iil:, and ll»e^ di.di
• I •• . in p. IV th* pri |j« r pnc** of hi> U'dv ?•• ih»
' . OT) III. I ]♦ ih. r*» b^ afiv d'bt-. b'l t'*' •! f».i^
»ar*":t
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230
b^eii incurred ou uccouiu f»r i'oml, U the adopting ptrentu
rti him tu his parents, saying they do not wish to bring him
shall have no claim to rcmnneration for the obligation, no
he price of his body, nor shall the original parenta pay any
btg incurred. These four gifis, are of children ffiven from
they are born and the navel string divided, till they are
Qow their parents.
Tscm shall offer to adopt the child of another, no longer an
>r yet attained to puberty, that is to say, between the age of
^our and ten years, and the parents shall give him the child,
ents of the child thus asked for and given, whether accooi-
f a present or not, shall say they wish to take him back, and
who has been adopted and grown up shall refuse to return
ems, let the person who adopted him pay his parents fifteen
silver, the price (tf )iis milk. If the child is willing to live
>wn parents, and they say they will take him, let them have
let the adoftting parents have one half of the price of his
(i if there be any debts let the parents pay what may have
irred for food. This is what is said of the five kinds of gifts.
noo, the son tifihe king of Byahmas, said.
K kinds of ;^itu : ^if\s having reference to a future state;
I aiTertion ; i^ifts from luM ; gi(\s to he taught knowledge or
^\\\s from folly . gifts from fear; these are the six kinds of
>e M\, as rci;ar<ls (Iip giA having reference to a future state
ICC, tliry are of two kinds, pi>ggalikn and thenghieka. In
I ^ilt>, the person to whom the offering is made, has a right
III tllell^llic'ka gifts, it becomes the property of the chief
^einhjy of priests. Af)er a supporter of religion has made
s \w lins no ri^ht to any further claim on them; if be say to
•II to \\ h«>(ii tliC ^if( was made that he ought to obtain them
n, let linn be punishable with ohe thousand (stripes.)
are tlircr kinds of ^iAs made from aflfection to persons other
Ircn Th<>M> ^i\en fr<mi respect to parents, grand-parenis,
rs, vhajj not be demanded back even if they are still in their
II ; it' dfMiiaiided they shall not bo given up. If they are stiH
vHe>^inii i>t ttie person to whom they were given, and he die,
<ni\ ulio iiiadf* the <:ift l>e .Mill alive, let him take it back; no
all rt('«'i\<' It on the plea of having lived together, and con-
o ihf «^ul»i>ieiM*e nf the receiver «jf the gift.
[Iur < .< 4 III making a ;;ift to other than the above parties,
f* <»r inanmiate pro|>erty be given in terms that the deseen-
ibe rcrciver of the ^itt sihall have a perfect right to it, that
will n<»( lake It back, let it bo theirs according to the terms
oiniM If (the :^iver) shall demand the gift Mck, sayiftf*
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'2'A I
j»'>oi, tilt tiMn.; .*. . nii:ic, it i^ iKkW m your liniuls, you ought
1' im'",) li« iiiiil ii«>i rrrruc it \Vliv is this? — l>ecau8e
■ ' * - 1 til It .. iiiiii;f i> ::rivru \n .i j)t'rs<)n for life only,
I ii- ■.is-r. i! I!.- 1- :i!ivf^, rrcfMNc it U.'iok ; if he is dead,
^i.ii'H ««: . I :!!i.l-ri;il,irr!i rcrrivo It. If iho rccc'ivcr, dufiiig
' • '. " .11. I' 1'!m: ^1 tli<' ilimif 1^1 tell, ho .^hall only do so
n i; .• . •. ! ' 1 . ( tie : r:\ . i ) I {(' -hail not pUMhj*? it to nliy other
" I • !• I'M i;iiT !• I hi>! tnr lili?, nor t^h;ill his descendants
\ 'ij':* ' > . i't. rif it 111 ( jilv till' di'srts'idiinls of the original
■ 1' • •; li It I'c iio: -o!,! .,r plrdriMl, hilt ail iised or eaten,
' ' :i "; ini.i.il, ainJ ilii-, or hi* lost, the receiver
■ :i' • • ■ '■• '.'i -Ml. • . r ' . •■ It .
' -r I ' I ;,.•...'. ii iiit'> t^c kinds, which are these : Ist,
' ' 1 ;• - . • \' <•,•' nii.' j);iM childl>earinix, or nn in-
i ' ' f •' I • ^ rv riiv'vnit'nl of that person, without
I 1 ' . ' • : '. ^.r ni!iMii«Mi of l>eroininix ntan ant! wife.
:• <.i.i f t ikrs phice, the ^ifl shall he lost to
I - riot I'.T'i h:jd, ht it In returned, tjnd, A
'. SI 'ij ii > a hi!'l»:ui(l, makes hiT a prcRcnl
' ::(,.<!.. II uitli luT. In this cnse, though
w I 1^ MMt ir'c from thr crime of seduc-
' -Uil. In another c.i>e : if a jierson
•i! '.iM; i!m^ \ h w of h.uinix connection
-' i h«'i lo t«!l her hnshand, and without
I t!i' i.itoriiiatu»n ol another party, prose-
'.'• li<' r . -:.>riMi to ihc "ji^ <*r : he is not
. ! 11 - I a Uit( Ith. Ill another cabe ; if
)'. Im !• ( tin i:»>«'r t»t tlip j»Tesent,) let
- ' - ! •! '1 n-ti !>•• f n r of the crime <d
!• H. 1 If r » .i-«' . if tlir uomnn ha.H ?aid, " I
I : til. in.in) '^ivcs her the ^ifi and has
'. ' tin In^Sand anil N\irt* have expended
I'T I ;; l» »n<l. ami lif sm"< (the ijiver,) let
- 'i< f! ,1 <>f a wifr, and let (the woman)
I -It:, .' t'
! • <!♦ ir.' o| l>i nij t.'<n:^'lit 5ome learning'
ii . iM- I-' th.rr arc !\v.> kind»* <»f learn-
■ t tL. iM iii'lt It .! jKr-«»n makey a jjift
' (• . -1 t .. • l>r 'iiriir^, .iiid lu" I"- l:in;^'hl.
! ', ii- t • .Mtniif.- HI tlifc* vrnrs what wa-*
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232
>te(J to bo tn(i;;lit iiiin, he shall not recover back the thing given ;
he coii^(M|iifiicr' of his own bad fcrtune, resulting from deeds
in a rortiier state of exJMtcnce. 2nd; If the teacher does teach
an<l lor the whole three years he does not exert himself to ac-
(what is taught liinij but is idle and forgetful, if he demand
what he ^ave, sayiiijr, ** I have not learned," Jet one half be re-
d to him. :trd ; If the scholar or apprentice is anxious to learn,
he teacher does not teach hiui, but for the whole three years eni-
hirii (as a servant,) let him restore the value of the orijsinal giA,
et him pay him alfo three years wages. 4th; If the teacher
es, and tlie scholar or apprentice learns, with equal diligence,
ling given shall ntU be obtained back, and the teacher ought
(> ask lor further reiiui iteration en the score of having taught
but it' the learmr, rellectiii;^ that by the teacher*8 favor he has
re<i what he wished to learn, shall make him an offering as his
lor, It dis|>lays excellence both in the giver and receiver.
regards jnfts from folly, they are two; lat, A person makes a
without knowing whether he will gain or lose by it, being de-
J by another; in this case, he shall recover his gif\. Why is
— becaus( ii was ^ot from him by deceit. 2nd ; If it be not thus,
lie ::iver. tlionifli he does not say that he has been deceived, shall
made the t:iit. not kn<»wjn^ any better, let him lose the half,
i^ tlir (leri-ion (hat shall be given when the guardian (of the
) « oiiies to know the facts, and prosecutes (the receiver.) If
1k: no^niardian. and it be a p(N)r person left ahme in the world,
#• liead of the villaj;e or town recover all that was given by the
and support htm
re^ard> iii\\s IVoin fear ; if the gift be made to the monarch, the
1, or the luir apparent, it shall not be recovered ; from any other
n, when ilir |. .ir i'^ over, let it be recovered. Besides this,
rh the iiU'i he not made t(» the king, queen, or heir apparent, if
ini;<loin i« III a «>t:ite of rebellion, and a force is inarched against
(*U*U. and a iritt is ma<Ie from fear in the district to be attacked,
r* ^itt be (lrmand<M| hack when the fear is over, it shall not be
end 'rini«> the >on oftlie kin^ of Byahm&s, the recluse Menoo,
i n C'^rd^ the s*'\e\\ kinds of gifts; 1st, (iiving thinffs which are
listaiice. ainmat'Mir inanimate; 2nd, A man giving his wife to aiH
. :trd. <ii\ Mii: a dau^ihter to another ; 4ih, The husband making
[ without ilir know Ud«:e of his wife; 5th, The wife making a gift
>iit liie k'lowli ii:'i> of the husband; (ith, The children making a
without tlir knowlrdije of their parents; 7th, Parents making a
Mthoni tlw knouhMli»e <if their chddren. These* are the seven.
iIk-m* sevni, a (M-rson gives something at a distance, animate
4111111 lie. to another ; if the i*ifi comes to hand as tfi^cn, let (the
»n to nb'Mii It ws> L''wii) have it But if the giver, before the
J??
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233
p<rxiii ti) wlitMu It was giieii may have taken posfessiofi of it, shall
take it to hiinselt*, the person to whom the gill was made shall uot
claim it on the groiimi of it's having heen given to him ; let the own-
er keep it. But it* they both arrive together, and take possessiou at
the !«anie time, let each have one half. Why is this? — becatise there
wa< a promi;^e iiiaile which has heen broken.
As rerrards a person giving his wife to another: if the former htut"
hand wishes to recover her, he shall only do so on paying the price
of her body, whether the person to wliom she was given has had con-
nection with her or not. If the wife refuses to return to him because
he had given her to another, but wishes to remain with the person to
uhoni she has heen given, let her remain ; (the first) shall not say he
IS the owner of the wife. Why is this ? — because he has gifen her
to another.
If a girl's parents, after )ia\ing given her to another, say they wish
to have her hack, if the perstm to whom she was given has not had
C4Minecii<)it with tier, they shall recover her on payment of half the
price of htr ImhIv. I( the |>erson to whom she was given shall hafe
had connection witli her, they shall recover her on payment of the
wJiole of the price of her body.
If ilie hu>t)aiHl, witlioiit the knowledge of his wife, shall make a
prc:^eiit to aiiotltir. of :* portion of the property common to both, and
the receiNor ho not liis \cri>cT wife or concubine, let it be kept as it
Ha:» given. The wit'e shall not say, ** it is the property of the hus-
band and wife: I did not know (of the gift:)** she shall not take it
hack Why is thi^ ? — because the husband is the lord of the wife.
If It be not thus, but tlie hiifband has made the giA, wishing to
iii4ke the person to \U)oni it was gi\en his lesser wife or concobme,
be tin* rerii\er restore ti» the wile one half of the thing given by the
husbaiul without his wife's knowledge, if she really was not privy to
the gitt : tuie half is the pro)>erty of the husband. If the property
rofue*' with the wile, in no caA> has he a right to give it away; let
ibe wite rerour back the whole of such property. Why is this? —
her a use the wife l>eHr^ all the debts she (previously had incurred or)
brought with her. But if il be pro(>erty that cam€ with the husband,
%hich the husband gi>(>, let it be kept as given ; the wife shall have
no ri^ht ti» say she was not aware (of the gift.) Why is thisf-^be-
c4u»e the husband has to bear all the debts he brought with him.
In case of the wit'e making a gilt without the knowledge of lier
hii-bdiid, whether it be to her parannuir or not, she has no right to
f'fMifer a git^ uiikn«»wti to her hnsband ; if the husband shall take il
bark, h*i hini have it This is only said of things equally tlie pr«>-
l^riy «»f l»«»ih In ca.**e they shall \ha\\ have beeti married before, if
ttie Wife, witliont the knowledge uf the husband. aliaJI confer a gilt
«i pari ol till propcri) on ai*y peraou uther than her paramour, let
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234
r havr ttif rislii inilo.in, thn liiifihami cannot rlitm ii Wli : )(t
III iHily cotrpci Ills « ifi" for m* having loW him. B»l eipn if the
ing giien be part ol the ^iropertf brought with her, if nhe cooftr
gitl on a paraiiuiiir, or h {»erson of whom the huab.1114] hiw suijHcioii,
ndcr tlie ides) thni she lias a right to her original pTn|H-riy, the hta
right to do souiihuut ilie kiiuwicdge of her l>u>l»nil ; In him
if the right t<i take back the whole.
In ca.'H^ ut' pareiii!< ami their children living and «>aiing togMlnr,
d haiittg thrir pri>|>erry in cwnmoii, if the children, without the
lowledgc of ilirtr p:irriiUi. •hall confer ■ gift uii an; one, and the
If, li\ing and <<aiiiiL> ii>tr«-ilier, tltc parenis, witlimit the knowledge
the childri'n. ^hnlt confrr a gift on any onr, let them hive ■ right
do Ml : tlir children, on ibc plea of living and eating together, ahaN
I take II h:.rk. Itnt in eane (he pirciits have become ailly from
1 age, if the ehildn i> iln not cixilirm the gill, the receiver shall not
ep ti. It the oliil<lroit demand it hack, let the (icraon who reeeivMl
return it. In nii»itirt cawe: if the gift be uf a childish nature and
t children pvc ii In .mother, let them have a right tngive it awajr
ttt u ilhoiit ilicir parciiis' knowledge : the parent*, on tn« plea that
ty are cli.litriii In iiii; togeilier wiih ihem. nhall not demand It back :
ih- jMr-iin fo ulioiii It wns giirn keep ii. In another cane; when
- parents ami rhilclrrn live together, if one under the age of ten
ar>, or one who hn-< mil hi^ proper M>nM-H, girea a thing which ia
. owM cxilii'iip |iro|»rty. ihi- receiver Khali not keep it ; let hia
like II bark. A* regardu the«e seven hindii of
with monty. they are not buying aid
Vcitoii and tlie duties of fricndahip, 10
c refereiire ; and arcotdiiig to ihew! law* let the
iiiMilered ihem, decide. Thnatheaon of the
r<'il.i»' < allnl Mcm<o. said.
».• rr^T.inl'' the eight hinds uf gifts, it is thus :
>' '•lates of a temple to a ronveni or kyoang ;
|iriiperiy. or slaies of a convent or kyoung l<>
he j;ifi .if the property of the teacher to a Ihifd
or apprentice : Tlie gift of the acholar or ap>
I ihtrd perwui by the teacher ; The giA of the
ihird pef»un by a slate : The gift uf the alaie'it
XXI hy the ina.Mer ; The gift ofthe priiperty uf
iniendent to another by his friend*; The gilt
riends to another by the head man or anpeTin-
ident
Tliew are thr ^ift' of eighl kimU, and amongst these eight, as rr-
rds ttte gift of I he I Jiid or »latea of » temple tu a lijauig, il i> not
ifx-f to make ihi< ?if(, not lo irteniioii profiertj devoted m a parli-
iir Kiiijili- b\ the droppni;,' of niter. Attit an offering haa be«i
rent"'
•r <;nHraini.~ 1.
U. ih
rj are ij.h ,;.,
lin;;.
tliev ar.-2ifl..
ifh rli
,e^ h«-h.ii<-
Ige.,
\w,w: trell .-
ng of 1
ftt..l.Mi;,>, III.-
(»he.
r.-llei1l 1>1>'Z'
le ciM
nt'lli.- hill.l.
leg.ft
ol iliclitnd-.
eniple
or p^h.hIj '1
ly th.-.rl..,hr
•nlirc
'■' pf'ix'fl* '■■
L«ter B
pr.veny lo a
l^riv
111 another pt-
r head
man or "Upe
the pr
-IK-riy ol III,
J?!)
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235
riided (or one pagoda, if ilio person making the oiTering is not
e to go there, even tliough it be the trifling matter of a little rice,
ittle cold water, or a Hower, it is not proper to transfer the offer*
; to another pagcnla or idol; it shall only l>c oflfered to that for
ich it was originally intended. If it be a great way oflT, and (the
crer) cannot go there, it must be offered up from t distance aa it
s originally intended, as God hath propounded this rule. Proper-
lands, or slaves, which have been offered to an image or pagoda,
ill not go to the k young ; they shall not be offered or gifen to it.
As regards giving the property, lands, or slaves of a kyoung to an
ige or pagfMla, if there be no Rahans in the convent, or if there be
•e to succeed to it, or if it has gone to decay, or been destroyed,
y may be a second time offered to an image or pagoda. If there
a head, or the kyoung he not destroyed, and the priests and abbot
the convent or kyoung go from one place to another, the king, on
plea that they are fellow abbots and priests, shall not give or
e, and make an olieriiig of what they leave, to another convent.
\s regar<ls a scholar or apprentice giving away the property of his
cher, there are two kinds of teachers, the lay and the churchman,
he scholar, on the grtmnd of his being a scholar or disciple, shall
e away the property of these teachers, he shall have no right to do
the leacher is the chief, or owner of the property.
K'* regards the te.irher giving the property of the scholar to any
>, il It he the actual property of the scholar, he shall have no right
jjive It away eitlier to laymen or churchmen. If the teacher gives
ay |>roperty tint l)eloni;s equally to l>oth, without the knowledge
the scholar, let the person to whom it was given have a right to
eive It, and let the teacher make it good to the Lcholar. The
\Aat nUiiW have no ncht to dispute the right of th) person to whom
vas given ; he shall claim from the giver before the proper judge,
I let tlu* proprr share l)e given and received.
\s r« };ards a slave giving away the property of his master, the
.e, the j:i\er, has no ri;;ht to give it, nor has the receiver any right
'eceive it . let the mstster take back the whole. If the property be
len and given away, let the receiver of the gift pay the hne for
ft : he shall not plead the slave came and gave it to him. Why is
*? — because it was ;»iven and received covertly. When the thing
;iven with the knowledge of the master, let the property only he
rn hack . there shall he no fine. It is thus laid down when th«v
If* made out-right. But if it be not thus, but the slave has been
Je stewar<l or ou'r>eer of his master's pro|)erty, and if in that ca-
ny he sliall lend any pro|>erty, animate or inanimate, the mauler
II have no right to say he was not aware of the loan, because the
.V urd has a right to lend the property for a time.
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236
As r(*^ar<J:$ the property uf a slave when given by the master, he
.v)i.ill have the right to give, and the receiver to take it ; this ia only
^<iid of an hereditary born slave. As regards the property of t bought
hla\e of a free fainily, if it be uotorio'isly the tctual property of the
^la^e, the master, on tlie plea of being so, shall not give it away.
Why iM this f — because the property is distinctly his own, lod the
niaMer has no further property in him than tlie amount of bis price.
If ^uch a tilave takes back such property gired by his master, let him
have the right to do so. Though it is thus said, if it be really pro-
perty given by the ma.Mter to the slave during his time of servitude,
if the master give?* it away, let him have the right to do so. 4
By what lias been now said in all manner of gills, let kiags, miniiw
trrs, judires, ^overnor^, and heads of villages, or nobles, having well
considered, decide. Thus the son of the king of Byahmas, the re*
rlu<«f* called Men<M», said. This finishes what is to be said of the
•lifierent kinds of gifts.
4//i. The law of adoption in full.
Oh excellent kin;; ! I will now treat of the various ways in which
(a child) is adopted amongst men. In any city, town, village, ch*
hainlrt, if a p^'rs^Mi with the knowledge of its parents, shall take and
brin;; up a child that can put on its own clothes, at three, five, Of
^'M'li ye.ir^ of a;;e : and if after they have so brought it up, its parents
<ihall ^nT tl)( y wish to have it back, let them pbv one half of its price,
4iid take back the child. As rei;ards any master or parents selling
4 child or a ^live, and whilst it is in the condition of a slave, one
kiioHiii:^ II IS the -^lave of another, takes and brings it up, if at his
f!r*i takiiii: It, (ilii* inisirr) does not say, ** it is my slaie," or thr
p^rrnts dt> not m>, " it is our child, and being unable to support it,
ur ha\r sold it to another ; do not take and bring it up;*' though
ilicy know It, and the person shall take and bring it up, wlien it is
;:ro%iii lip and coine to years of puberty, if the master shall demand
It. ho >hall not ^^ct it. l«et tun thirds of the price of its body bc-
::i«eii to iIh' iiia>i(T. and let tl^- fx r-mn who brmight Ifim up take the
Oave If the firsr inaMer shtli « .\ . ** I sold tliis slave to another, I
am h»«% uwiirr, and this man ttMik tntii from the peraon to whom 1 had
ndd hini for t\\o thirds of his price; this person has no right to him ^
1 «ill pa> tho price of my own original sla%e, and take him," only
li the |>«*r^on wlxi bought him shall consent to lake the price, let the
• •rifvinal ownrr (;et the f^lave ; if ho refuses to take the price, the tiri''
;:iiul uwnrr^»hall nut obtaiu him an the plea of having been Uie firs
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237
owner of the »lave. Wliy i» this ? — because he sold this slave lo afH
other, and this tnaster did not say you shall not support and take care
of him, nor did he hiniself, being the original owner of the slave,
take and support him; and if the slave, whilst under the care of the
person who took and brought him up, should break open a bouse or
fence, and commit a lhet\, the person who brought him ap would
have to take the consequences of his oflTeuce.
In case of takiii;; and bringing up the child of a slave who has a
maBter, if the ma^ster and slavTare notoriously living in the Mine vil-
Uge, and if either the mai^ter or slave saying, '* it is my slave, or my
child," shall come and redeem him, let them pay half the price of his
body to the person who takes care of it, and let the roaster or the
flave, whichever redeemed the child, (if it were one of them,) have
the child. If both equally contributed to his redemption, let them have
him. In case any one shall take (such a child,) and having given
notice to the 'rho<><;yee, shall bring him up, if the parents or master
nhall come forward, (be discovered,) the law is thus: If one shall say
to the TluMt^yee of the city or village, '* 1 will take this child, and
adopting it as a son or daughter, bring it up," and if at the time they
(the master or parents) shall not say, ** this is my slave or child," but
remain (quift,) and when the adopted child shall have arrived at piK
l»erty, and altrr (tlu' a(lo[)tiii<r parents) having taken large presents,
^hall ha\r irivMi it in inarria<;e to one of their own children, or the
child of .^nriie other per^ion, the Thoogyee or lord should say, ** it is
my «lafe : ' if it t>e >o, he shall have no right to claim it, because he
nevfr said it was his slave, either at Uie time of giving him notice,
f>r diirin:; the tiint> of ?«iip|x^rting him. For this reason, he shall not
;:«*t it ; let the |)iTson who adopted him, a.M he has done so, keep and
have him, and it he has taken presents and betrothed him, let him
have the ri^ht to do so.
hlk. The late regarding borrowing' c hikes, (Utd ffoimg to a funeral
in Ihrm*
Oh fxrellrij! kiiii;! in the case of a person b^irrowing the thinf^^
r>f aiintlH-r, uiwl ::o|||^ to a fiiiierni in thaiii : One baling borrowed
ihr thiiij:^ of anoihrr, :;oes to take part in a funeral, as watcher or
k>llower of I Ik* Uidy to the burying place ; if the thing does not toitch
the drad ImmIv, th<'ii th«'re is no fault; let him be free, and let their
nwnrr lake them bark : but if the thing has touched the dead body,
the borrower >hall not be held free of fault. If the cmrner of the
rlothrs shall fall .•'irk. l«>t lh« person who borrowed the clothes pav
the medicine, and let him also pay the proper pric^ of the borrowed
ihtngs. If the sick person dies, he shall pay the pric« of bit body
according to his class, and let him pay his fiMieral erpMues accord-
ing to his rank, in silver ; but in this case be shtll be ewmpced fronr
pay in j; the price oi the thing borrowed, as be has perfefosed his fw*
floral ritrc
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238
r Imr rcf^ariUuir borroiruifr clothe a, or other made up things,
uthinkiniflfi irtarltii^ thtm tthilst washing the head to avtri
il infiiifiuc t>1 the stars.
icflloiit kin(T ! wlion any person shall borrow thin^ of ao-
ithoiit saying for what pur^Kise, and shall wash hia head to
il influ< necs, the law is this: Any one, if he borrows the
anoihtr, without specifying for what purpose, or sayiog he
r tlu'in to Witness u dramatic roprcsentation, or to any aaseni-
( IX opir, and it dnriiifr the time (he has the things,) he shall
or the >t.ir<, or the intluence of his former deeds, be iinpr<^
> hiin, .'tnd in niakinu: otlerings to the Nats and'washing his
shall n^r Ml any way, or wear the thinj|r9 borrowed, it is im-
nd ^IhMild not be done. If the owner of the things shall fall
the l»orro\\( r pay the medicine, and if he shall die, the price
mIv arrordni;: to \\\s class, (that is,) lei him, the borrower,
irirc r.»r Ins funeral expenses, and nothing more. Why is
i'(*au-e lu', tlir li(>rrower, had no wish to cause his, the own-
It. It thr things borroued hav.e not been expended at the
kaslnni: tlie Im :id, let the owner (or his heir) hare them, be-
• borrouc r ii is only paid the funeral expenses.
Inir rn^tirdini: thr tratrhrrs of a dead body StetdlHg a foml,
ri ll( nt knit! ' it there be a dead person in the Tillage, and
1. tiMir ihr < ►rj)-e i«i waiclicd, if the watchers steal soqie
1. lid < it I' 11 j>ri'-en< ( of witnesses at the place of their
, it thr Mwip r ot the fowl, comini^ to know this, shall sue
(ih.- u iti h( r-) ht free of the tine for thet\, and let them res-
ht r 1 lul :i> •u^^n\ <>r Mipenor, accortjing to the condition of
-i«(h n \N liv I- thi"^' — because a funeral comes under the
111 :i M nihlv • Th'' advance of hni, or the fine for theft in
« -iitMi.iii, A\,M hilt he Mitlu'ted. Thus Menoo, the recluse,
liiir it^iiniin:: a^-(tults rommitted on the attendants of ele*
phfiuts or horses.
< i;« til km,' ' .1 person hire> another to cut grass, and attend
•« «>r I !• }>h lilt, and the person hired engages to attend the
hjihiiit. and <-iit hi'> ;;ras> , if according to this engagenent
h« n>t 'it!u lent, and the hirer shall l>oat the hired peraon
[ill T -\Mt h, .in<l tho hired person absents himself and doM
d rh. aniin lU. ha\in^ calculated the hire of a borte or ele-
(ordinj (> the rti>toni (of the place,) let the hired ptrton
rirnoniK t^r the time he is absent, and if he has a limb bro>
It. or nunh hurt, let the person that beat hire make compaa*
X . a^.' 4.J u. |> •« If ihlTti uo «a»cini>l7 ki fowl ^callBff % thtil« vllicfe liMI
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239
>n according to his fault. As regards tliiB compensation, it shall
lie same as that niath- for (tbrcible) seizure of a debtor for his
Whv is this f — one reason is, because the person who inflict-
lie beating had no intention to break his limb, or blind him, but
ely to force him to bring a sufliciency of grass for the animal;
other reason is. he was a hired servant ; it comes under the head
orrection. Thus the recluse called Menoo said.
The lair rf£rar(itn(r a slave or a free person hiring himself, emd
tibsrondinir hi fore or after the time of service is C0mpleietl.
*h exreijent kin;; ! if any slave bought for his full ralue, or a slave
aining as security for money, shall be hired as a follower, or a
aiit, and he Mhall follow or work (for the hirer,) and if this hired
on shall run away from the liirer, let the hirer not be held res-
•ible. If a portion of his hire, or the whole of it be unpaid, let
half (<>f what remains unpaid) be paid to the owner (of the slave.)
as regards his death, if he becomes sick and dies with the per*
who hired him, if he support:* and buries him, let him and the
ler of the slave hear the expense of medicines and of the funeral
illy. If lie dies ironi blows indicted on him by the hirer in eor-
ing him, lot hun pay the slave's master his full price, and bear
expousps of his tuueral, and if the whole of the hire was it the
- of hiriuir p lui over to the master, let him keep it ; the hirer shall
r no rii:ht to claim it back. But if at the time of hiring, only
hah was p ud, let him (the master,) lose the half that remains,
if the master has received the full hire of the runaway slate, let
repay the halt of it, and if it l>c not all paid, let him (the master,)
i' om* hah
\ Tht lair rr^ardinfr hiring the slate of another, knowing him
to bf surh, irithout the knoitledge of his master.
Ml rxccllctit km:,' * if any person, knowing a slave to be so, shall,
i.Mit the knowledge of his master, hire him, and during his em-
nncfit in thf 5cr\ ice of the hirer, he shall run away or die, let
piy liiN price to the master. Why is this? — because he knew
ft as his sUvc, and hired and tcMik him away without his know-
(e Oh e\c( lleiit king ! when any one shall hire a servant or buy
are, (he shall ciiquirp) if he is indebted to any one, or if he is any
's sJatc : tlie^ie (piestions are proper to be asked at the time of
ng or buMng (a slave.) If they are not asked, and hiving hired
KMjght hiin, he shall die in his hands, or ruo away, and the mm*
hall ^ue him. he shall pay one half the amcNint. For this reaaoii.
J 90
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K r iiinlrr <»r ;i t"^* ditor appear, it is >aiil. lot llic hirer or buyer
>i)^it)l(\ and l«-t Iniii t'orltMt one half of whatever he inav hate
li«> <l('(-(Mst(). 1 1 tlic riniaway slave l>e atlerwards taken, ind
»r r« r()\( r> Imn, lei liitii r( turn lo the hirer the half of his
,\\\r\\ lir liM<l lormerly paid him: this is because the master
vcred Ills ^I:i\e. It Mich a slave, hired without the knoviledge
.;>trr, ^Inll .i!>>r(nul iroin ilie person employing him, and the
master >liail eonreal lnm, and take his price, let him restore
he .'iiiiniiht to the payer of the money. I'hus the recluse caJI-
10 *».nd.
erlleiit kiiii: ' ii :iiiy mail, having promis'?d to pay wa^es or
he hiishaiid, witi , ehihl, or slave of another, tdiaJI call him
»\\rr. aiiil il whil-i jtmriii'yin:x together by the usual road, or
in the v.iiiir hniit, a titter >iiall 4'at, or snake bite him, that
)r he sh ill die hs the Ninkuiir of the boat, they were ou the
iirnev ; then* i^ n(» fault (tine.) If the hire has been paid,
n<r II : It It Ims 111 t heiii paid, he shall not plead that the
whw il ili<' «h ( < ;is,(l u.is hired is not completed: let him pay
inal Mini )>r<>iinM>d, and nt* the funeral expenses let the
i tun, ;tn<l tin v'.ite, hii>l>and. children, or master, pay one
1 1 hr <!"» ^ rot die or he lo!*f. but by his former good deeds
(hr ].>iirii< \ « i.; >iii any thin;r^ let liini divide it, giving the
II two ihirt;- 'J'hii> the recluse called Meiioo said.
1 \f!i 'I\)' h.tr rtutiidin^ the hiring of sailors.
. * 'l.n
I 1.111/ ' it inv riKin, knowing that a ship is going to
I t ik- hir. i..^.Mt' III her. .'ifid if «»ii the voyage, at any inter*
pi i< ( . he II ,1! k« r;i out ol the way and remain behind, the
hill i i\r If. ri.'iit lo ''in- any <»ne during the deserter's ab-
I ih- ^..'. i'i «'i Imiiij hi> p irerits, clidd, wit'e, or living and
ith hill I'll v.hrii h«- -» r> the runaway, let him (the run-
n ihr<* tiiii* til* iiiiouiit tor which he was hired. If whilst
il ]>. r-oii I- _< I: ' «>ii any work which the captain has sent him
r ( lilt • pt ill ) -h ill not wait his return ; if by good fortune
. r- th' ^tiip iiid reiiirns with her, let the captain pay him
I. - iir .iinniiiit )i<> ua^ hired tor. If the permiii so hired and
\ >! ,1! n- t r* ; in th«- -hi|>, and shall not during the space of
ir^ r. luni I • ii |»ir«iii^, uite, children, or persona with
• w .-. t< eiiiij. !' t thr < aptain pay the price of his body to
Its uii.-. rhihlr* II. or peTMinj* with whom he made the bar-
six. kr t • I* jiriiii^ it If he (the captain,) having sought
n III ^iitii ti •: ! . 1), let liim gi\t>hini up to his parents, wife,
• r-rniriu. tnd let them give hini back the price of bis
I whiNi ht I ' tnployrd in the usual Kay sailors are, a ligcr
hiin ^r \\\ <" ; it<r »hill tak«* him otf, or he shall be drown*
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236
As rf'^'.'tnJ:^ the property of a slave when given by the master, lie
s)i.iil have the right to give, and the receiver to take it ; this ispiily
5«ii(J of an hereditary born slave. As regards the property of a bmight
hl.i«e of a free family, if it be uotorionsly the actual property of the
^la«e, the master, on the plea of being so, shall not give it away.
Why i^< tfiis f — because the property is distinctly his own, and the
inaMer ha» no further property in him than the amount of his price.
If ^uch a »lave takes back such property gited by his master, let him
have the right to do so. Though it is thus said, if it be really pro*
pert) given by the ma^Mter to the slare during his time of serfitade,
if the master give?} it away, let him have the right to do so. 4
By what lias been now said in all manner of gil\a, let kings, minis^
ters, judges, ^overnor^, and heads of villages, or nobles, having well
rofisidered, decide. Thus the son of the king of Byahmas, tlie re-
< hix'^ call(Ml Men(M), said. This finishes what is to be said of the
diflerent kinds of crift:9.
iih. The law of adoption in full.
Oh excrllrrit kin;r ! | will now treat of the various ways in which
(4 child) is adopted aniongst men. In any city, town, village, or
hamlet, if a prrson with the knowledge of its parents, shall take and
brin<; up a child that can put on its own clothes, it three, five, op
^•\rii ytar*^ o| a^e ; and if after they have so brought it up, its parents
^hall >nj th: y v\i:<li to have it back, let them pby one half of its price,
diid take hack the (Itild. As regards any master or paretits selling
4 child or a «l.ive, and whilst it is in the condition of a slave, one
kiiowinir It ir« flu* >lav(> of another, takes and brings it up, if at his
fir*! takini: ii, (tlu* iiinsirr) Hoes not say, ** it is my sla^e," or thr
pjirrntx do not .s.iy, "it is our child, and being unable to support it,
UP ha\r »4>id it to another ; do not take and bring it up;*' though
fhry know it, and the pers4>ii shall take and bring it up, wlien it is
;:rowii up and come to years of puberty, if the master shall demanil
ii. Ill- rhall not ^v\ it. l^t two thirds of the price of its body bt:
;;i\rii to tlH> ina>ter, and let tin ?»< r<«4in who brought Ifim up take the
«lave If the first master shth ^ .v, ** I nold tliis slave to another, I
4m hi% ownrr, and this man t4M»k liitii from the person to whom I had
Mild him for tw<» thirds of his price; this person has no right to him ^
] will pav the price of my own original slaie, and take him," only
if thf* |)rr^un wtto bought him shall consent to take the price, let thf
• •fisriiial owner get the slave; if he rcfu<ies to take the price, tlie tiri"
filial uwn<^r^»ha]l nut obtain him an the plea of having been Uie firs
J 90
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241
thero is do fine ; lot him have the right to die. Ir another case ;
having taken his hire, before the sailing of the ship he shall re-
e to go in her, only on paying back t^o for one let him be free,
d if after he has expended the hire he had receifed on condition
going in the ship, the captain shall refuse to take him, and de-
ad back his hire, he shall not obtain it; let him lose it. If any
) so hired shall of his own accord lose (money) by cock-fighting,
e, or betting, or shall steal any thing and run off, the captain of
ship shall have no claim on his parents, wife or children, for any
]g advanced on these accounts on the ground of their being his
urity ; it is the hired person's own folly; let the (captain) recofer
Ti himself; if he has returned to his parents, wife or children,
I they shall deny it and conceal him, and it be proved that he has
ived, let them pay double the amount. If they admit that he has
irned, let them pay only the original amount adtanced. This is
y said in ca.se of thet\ from folly and gambling.
3h excellent king! in another case ; when (sailors) steal the pro-
ty of the captain or each other, and run, and they are seen after
ing come buck to their parents, wife, children, or securities, let
tn make compensation as laid down in the law of theA; if they
Bot return to their parents, wife or children, no demand shall be
ie on them ; and if at the time of hiring, they shall hare become
urity for him in cnse he '' do not keep his feet and hands quiet,"
y shall not plead that they have or have not power over his wages ;
le has not returned, let such security pay one half the price of
goods or things stolen; if he has returned, and they are proved
lave concealed him, lot them make compensation according to
nature of the thin^ stolen as laid down in the law against theft.
>h excellent km^ ' if any person is hired (as a sailor,) and the cap-
shall employ him in any matter connected with the ship and the
er, or in ca.He of any thing (or part of the ship,) catching or being
ingled on the land, and doing this work, or in diving, he shall ob-
gold, silver, or other property, he has had his full hire ; let the
tain of the ship have a right to take the whole : and in the same
ters in which he may l)e properly employed, if the captain employs
and he dies, because he has had full hire for one reason, and b»-
«e he \v:i.s employed in his legitimate <»cciipatioii for another.
•e shall l*e no fault
ri another case . if in the performance of his pro|>er work by the
lain's order, he obtain any thing, either in the water or on the land
le has not been paid his full hire, let the person who obtains the
ff and the captain divide it equally between them; and if whilst
>roye<l in the same matters he die, thouffh the work be that which
»ught to perform, he has not had his full hire ; let the captain pay
IS securities, hi** parent*, wife or children, the half of the price
J9J
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212
of his ImmJ), and Ici liiiii pay theiii the balance of his wages. This in
when the hire is nut paid up, the (person hired) is in the condition
of a pledge, (ii slave not bought outright.)
V2th. Regarding traders in ships.
Oh excellent king ! if traders are in the ship, and any thing is ob-
tained (found,) they shall have no share, and if they of themselves
sihaJI find a pot of gold or bundle of property on the land or water,
when the people connected with the vessel were not present, let the
traders who found it alone have it. The captain shall have no claim
on ih<^ ground of their being passengers in his vessel ; let him have
ten per cent ; and if the traders in their dealings make a profit or a
loM, the captain of the vefsel shall have no share; it is the exclusive
matter of the traders. Why is this? — because the traders, having
paid hire, are tike passengers in a ferry boat. Oh excellent king!
m another case : if tlie tradern and people belonging to a ship, obtain
a pot of gold or other thing together, let all the company share it
e«fually, nnd lei the captain of the vessel have ten per cent, of the
•hare of the traders Why is this ? — because he is the chief and su-
permt4'iidei)( Thus (lie reclune called Menoo said.
\:\fh Thf l(nc rrirarding the hire for climbing palm, cac4Mmut, or
nthrr trees, bring paid in full or not.
i Ml CM olleiit kin^ ' if any one shall hire a person to climb a paloi.
iif oih#T irt<*. (*>T ihe purpose of taking the flowers, fruit, branches,
i»r leiv*'-. ari<l h« for* Im" hire i> paid, the person employed shall fall
4nd b<* kilNii, let the ltir<*r pny in coin(>ensation the price of his bodv
If he be not killtMl, \v{ Inin lnlnl^ter to him till ^ell, and pay him his
hire. If after the hir<' is paid in full, the hired person shall fall
«khilst cllllll)lll^^ and itv killed, there tihall be no fault or fine; let the
hir»T be frtr. If thr lured |)er.son be employed whilst half his hire
renjaiii'4 unpaid , and in ctiinbiiig he fallsf and is killed, let the hirer
;»ay otir half the prirc of his body, and if he be not killed, let him
inini^trr \o liiiii till ucll
Oh exrHlent kin^/ ' if a [ktsoii under ten years of age be hired by
a perMHi grown up. whetlier his hire be paid in full or not, if he falls
and iH killfd in rliinhiii;;. let {the person who employed him) pav
thf- prH '^ of hij. body, niid the funeral expenses. Why is this?— be-
rsuM' Uf \^ a per^xi under the legal age, and was employed in climb-
11^ '*\ith<uii the kiKiw ledge of his parents <»r guardians. If such a
hild be eniployt d m ith the knowledge of his parents or guardians,
tnd «haJl in climbing fall and be killed, if his hire has been paid in
full, there phall be no fine. If half his hire be unpaid, let one half
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•243
tilt* price of his body be paid; and if uo hire be paid, let the full
price of his body be paid. If he does not die, but breaks a limb^or
19 hurt, let him (the hirer) attend to him till liell. If a child under
age be employed without hire in climbing, and be killed whilst so
employed, let the hirer pay the price of his (deceased's) body, and
t>ear the expense of his funeral, and. if he does not die, but has a limb
broken, or is hart, let him attend to him till well. If the (employer
and employee) be children of the same great grand-father, and the
person employed as above in climbing trees shall fall and be killed,
let the employer pay his funeral expenses, but lei there be no fine,
let him be free from that ; if the climber hare a limb broken, or is
hurt, lei the employer attend to him till well. Oh excellent king! if
any thoogyee, governor, land measurers, or superintendent of forests,
or any one having authority in a town or village, shall order an in-
habitant of the place, a man under thero, to climb a palmyra, cocoa-
nut, or (lowering tree, or any tree which is good for food or any
other purpose, or of which the flowers, the leaves, or the bark, are
edible, or upon which bees hare swarmed, and the peraon ordered
shall decline, saying he cannot climb, and notwithstanding this he
(the person ordering) shall still not let him off, but by an exercise
of his authority shall cause him to climb the tree, if he fall and be
killed, let the person ordering him to climb forfeit twice the price of
hi« body ; if he do not die, but has a limb broken, or is hurt, let him
forfeit the price of his body. If he do not fall, but complain that he
had been employed (as above) to climb, let the person compelling
him by threats to climb the tree pay half the price of his body ; this
1^ t>ecnu9e the head of the village or towir forcibly employed one un-
der his authority.
In case of diving, let the laws be the same as for climbing trees.
14/A The law regarding fornicaiion in a sum or wmmam^ with erne
/irinzf in the performance of religious duties, who has no protector.
Oh excellent king! if any persons shall by force and against their
will have carnal connection with a roan or woman who has no one
ro take rare of them, who is living in the performance of religious
tiutier^. let liiin or her be fined in three hundred tickals of silver; if
they were consenting, there is no fine ; let them be free. Thus the
reclu^^ named .Meiioo said.
The 4 i;rhth v<»lu'ne of the large work of Mcuuo, commencing with
Mrid> the right in which is perfect, and that in which the right is dis-
piitable. and ending with rape on a man or woman living in the |>er-
VjrinaiKc ot religious duties, is here completed.
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LAWS OF MENOO.
THR NINTH VOLUME OP THE
GREAT WORK OF MENOO,
1 iror shift the find who i> worthy of all homage ^ who poisesies an in*
tuitive knowledge of good.
CONTENTS OF THE NINTH VOLUME.
1. The law when a pregnant woman shall sleep in the house^ or
within the fence surrounding the house, of another person.
2. The law when a person has released t slave and given him or
her in niarringc to a son or daughter.
:). The law when a woman shall have taken a second husband in
the absence of the first, and af\er bearing him seven children, tgain
meets with the first.
4. The law when a son-in-law assaults his father or mother-in*liw.
Ti. The law when a father-in-law assaults his son-in-law.
ti. The law when the property of a gue^i is lost in the hoase of his
lio?*t.
7. The law when the property of the master of the house is lost
fiiinii^ the stay of a ^uest.
H. The law regarding harbouring the sla?e of another.
*i. The law when slaves shall be given to a man of rank as dam-
at;es for having had connection with his wife.
10. The law when a man shall say to another, " vou shall die by
my hand," ami the {>erson to whom this is said shall afterwards kill
him who said so.
1 1 The two laws of release (from promise to give,) and the two
li\%s of obtaiiiiiijT.
ri. The law when (a man) is caught setting in animal he has
«t«»l<'n to fi^ht.
i:) The law when fowls, goats, or pigs, go within the fence of
another person.
14. The law regarding giving intoxicating drinks.
15. The four cases of^laying hold of i person roughly.
10. The law regarding decision by ordeal.
17. The law regarding the seven kinds of witebtt or witardt*
snd their trial by water.
J 93
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24^
Is. Tire Uvv regarding ilic bearers of the royal sword, lance, or
kyaiiig, (a sort ot* umbrella with the rim turned up.)
These are the contents of the ninth volume, commencing with bear*
ing a child, and ending with the office bearers of the royal palace.
1^/. The lair when a pregnant woman shall go and uleep within the
house, or the ftnct surrounding the house, of anothir person.
r>h excellent king! if a pregnant woman shall ffo and sleep in (he
liou5c 1)1* her grand parents, parents, or other relations, she shall nol
\>r held in fault, let her come to the place she had temporarily slept at
Aud there give birth to her child, and after a week has passed let her
give tlu^ owner of the house a full suit of clothes, namely, a woman's
cloih, scarf and jacket : and let the owner of the house gire her the
pure u Iters of friendship, namely, one meal of rice, meat and condi-
ment ?« I ompletc , one chattee of clear water with a co?er ; seven stems
of the ::r.is.s used for thatching; oil, turmeric and (hair) powder, as
itiey are (is<Ml by the mother and child: — this is called kenboon,
(** friendship ;' ) having done what is here laid down, she may be al-
lowed to depart ; if in parturition under these circumstances either
the child or nuHlier should die, there is no other hne, let the above be
roriiplied uidi. If the birth take place in the granary, or within the
ipncc of the ^Ttuiiids. the rule is the same. If a person who has thus
^Icpt in tlie tuuKse (of a relative) shall not return and be confined
iher« , hut be coiifHied elsewheie, let her come and make an offering
ol ihr {Mire waters of friendship to the owner of tlie house ; or if she
' iiitiot do tliisi, let her give three tickals of sUver in lieu of them ; if
the owner of the house decline accepting it, she is free.
< ^h kill;,'' if (a pregnant woman) »hall in the same way sleep in
lii'- hous4- nf ;i person not related to her, let her come and give birth
to her rliijd where she happened to sleep; if she do not die, let them
niiitijuily a-i ahnvo give tlve suit of clothes and pure waters of friend-
ship, and the w iniaii give one quarter tickal of gold to the owner of
the house, and if she i\\v there is no fine. Whv is this? — because
hrr Innig there was publicly known ; (the owner of the house) shall
^nA plead that (slie) |>eniiitted her to sleep there not knowing that
she was with cInM, (nor shall the woman) say ("she fltvc me leave to
^If^rp there and 1 did im> : (I) did nol know whetlier 1 was with child
• »r not ; six* sliail come and bear her child there ; if she do not come,
It I* no fanlt of the owner of the house, but the fault of the woman
;>regnarit, and the (>enalty is this, that a woman so doing is apt to
have illne>s eoiue iiihui her.
Oh king ' if any pregnant woman, not a relative of the owner of a
Imhim?. granary or enclosure, shall without leave take up her abode in
iiiy of the aU>ve }»laces and there give birth to a child, if she promibv
to make an offering of the pure waters of frieodship, a full suit o(
cl'iili'", and 4 meal of nee, new and condiments, to the owner ol the
jqfi
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246
^»laci*, aiul It the owner accept tins, lei the nutter be at rest by the
owner of the place receiving the otfering. But if the mttter be not
thus settled, according to the class of the person who has given birth
to the child, let one third of the proper price of the child just born,
the pure waters of friendship, a full meal of rice, dte. and a Aill suit
of clothes, be given by Ler to the owner of the place ; if the child die,
let (the mother,) according as she may have been in the house, or the
granary, make compensation in the proper amount. Why is thist —
^>ecaui>c it died whilst i^hc was there, and ^ave birth to it without
leave. This i.^ said (when the woman) has friends and relations; if
she have no relations, let the mother of the dead child forfeit her per-
son, (that IS, Ixjcome hlavc to the owner of the place!) If she be the
nUve of another person, let her master redeem her at half her price,
and if such a >la\e die in the above named places, let the roaster
pay to the owner of the place half her value.
'Zfi The Imr irhrn n person has rtdttmed a slate and made him or
her o son or daughter 'in-law.
Oh exrelleni kin^ ! the law when a person, alter having redeemed
a (ilave and made him or her their son or daughter*in*laWy shall caP
him or her '* >kv(>," Is this : if the husband or wife of the redeemed
niave bein^ in a passion shall say so, as it is reaJly true, there is ne
faiiit ; but if the father or mother-in-law shall reproach him or her,
*ayin;;. ** voii are redeemed from slavery and given in marriage to my
^»ii or my dnuirhter, yon are a slave son-in*law or a slave daughter-
in-law, K !«« improper ; tliry redeemed such a person knowingly, and
made lutn nr her tin ir son or daughter-in-law (of their own free will.)
/%« VI hen a vm, daiijrhier. or slave has been made Rahan or Thama-
iiay, in rase of hehaMnsr with disrespect to them, it will bedisadvan-
ia;jeou^ lo tli^ interest (of the persMm so behaving,) both in this life
and those t(t follow If the person shall say (such a Rahan or Tha-
inanay) is my son, my daughter, or my slave, such speech is reckon-
*»d >Vaze»'kaii,* or as one may step over or tread on vermilion or
other p.iirit without fault; but afterwards when it is taken to paint
the Hs^ure of parent^*, or elders, teachers, priests, or Areeyahs, it is
improper to do any thing disrespectful towards it; if anv thing be
<lorif. thr doer will not escape punishment in this life and hereafter
If after n^akinjr a slave a daughter or son-in-law, a person uses lan-
;;ua^e to lower or put them to shame, other people hearing this may
**:iy tu ihcir children and grand-children that they are descendants
<.f 1 «la\e. «prung from an nereditary slave, and use such disrespectful
langua^re : if such language be used after having redeemed them, and
• T\\*xt %Tr \\\Tfe kinda of ICaa. rig lai Kafftk kaa ; M. Wuw tea ; Sil Hmmi ftSA,
*-\ lu H<inii«OT n>rU(*h^MC4i u* eiprwa ika bSiiwic— m a wn oT fanl m cvS ■• mm's Ibuir*
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247
im1 tliciii to the station of respectable people, nnd the son or
-in-law make a inaiter (of law) of ii, the redeeming father
T-in-law shall pay the expenses of the suit, and shall be ad-
i hereafter not to nsc such language. This is said of an he-
slave. If it be a poor person of family who is redeemed
ate of >lavery, and made a son or daughter-in-law, and the
' mother-in-law makes use of the same language, let them
' rifjht to say so; the (laii<jhler or son-in-law shall have no
>f action ; (if they do sue,) let them pay the expenses. Why
-l)ecau>e a person i»f jrood family is not degraded by being
-lavr This the recluse called Menoo said.
latr irhnt a woman in the (tb.<ence of her husband takes anoth"
ft/ft r sht has hnrnt him srrrn rhiff/mij meets the first husband.
ccllrnt knm' if any husband and wife lose all their property
rs, jM'vtih iHT. Oimme, or in the lime of war made by a king,
obliied to run away and are separated, if the wife take
liiisband ami bear hitn se\en children, and the husband from
ic was sf'paraicd, not knowing whether she be dead or alire,
nii soii^tjii In r r«»r rifieen years shall at last find her, and
II bniii ai:r< ( (that they are husband and wife,) and she saj
rrtiini to \u'T old tuisband, having previous to this declared
had aiiothcr liii>l>aiid : althonjrli the new husband say she
itiriiH- \Mili iiH . sIm. has borne me seven children; if the wo-
tVr the old husband, let her have the right to return to him;
hall lia\<- DO ri^'lit to sue the new husband for the seduction
fe, nor arru<r his wifr of a<hillery : let the second husband
rhddn II and all tht- property ; and if there l>e any debts, let
lustiand |>av iIm in : and after they have thus come together
man and w it« . and the old husband has had connection with
the \\\\\vx oi the s<>ven children shall have connection with
hiin make < onipensation in thirty lickals of silver for the
*.♦ (liK tion «d a wife If in (piestioninj; the wife, she say she
with till' 11* w hiist>and, let her pay the price of her body to
Ill-hand : Imh it' it be m»t thus, if the father of the seven
. on till i/rMiiiid (d'thc woman being the mother of (his) sev-
Iren, without her consent shall forciblv have connection
. let the mother ha\e all the children and half the property,
other halt is hein^ aci|uired whilst thc^y lived together, let
r ot the s<>\en rhildren have : rnd for the crime of seduction
e. lei him make compensation in thirty tickals of silver. If
ujsband, ihoii^rh the woman refuse to live with him, tnd say
li\e with the new one, shall offer her any violence, let him
mpen«atir>n to the new husband according to hit
(Kfiei^c£^5|Doa^y9iuaootgg8fog8i§ea}aog& c _
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1
248
lotlier case ; if (the husband) having affection for hin wife, shall
r for fifteen year^t without taking another wife, and if (when
the wife shall say she will remain with the new hoaband, the
f her affection to him is severed ; let her paj him two thirds
price of her body ; if the former hnaband has taken another
? shall have no claim to the above portion of the price of her
H her be entirely free ; this is because he has another wife.
he recluse said.
h. The lair trhen a faihcr-iu'law assaults his
xcellerit king! If the children of any persons who are not
through their great grand-fathers, either of their own indina*
hall come together as man and wife, or be given in marriage
rs, they are man and wife ; and if this husband and wife quar-
arc fighting together, and the father of the wife who should
1 them equally shall take part with his daughter and beat and
e soii-in-law,) he shall pay damages in twentj*five tickals of
>l<l, true g(»M, or inengtsan gold, according to the family of
Ill-law
\. llir iuir irhfn a son-in-iatt assaults his fatker'im^aw.
xcellnit kiM^' if in a quarrel between any man and wife,
ley rofiio to blows, the father-in*law shall lawfully and justly
(' to previMit them, and the son-in-law, who is of a family not
!<'<! (otlii'r\vi«.e) with his, shall lay hold of his front hair, or
irn, and tlio father shall then strike him, if the 8on*in<-law
o further rcHi«iance, let his fault be excused; but if he turn
iiH in getting; out of the way, the elbow of the father-in-law
tnu' at:aiii>t the floor, let the son-in-law make him an offering
11^ to Ins i\^^s of twenty-tive tickals of gouj^, true, or meng-
Id This i«« what is meant by ** the olfermg of a sea frog.*'
(T ' of tli«' t'atinly of frogs there are the theng, the striped,
•rin^. the aiii(r, the fish, and the rough frog; besides these,
re many kinds of frogs that live on the land. Regarding the
r>, th<ro IS the ship, the anchor, the naga, the alligator, the
It, the horne. and sea frog ; besides, with these, there are many
r wati-r tVo^s , and of the eggs of ail the frogs we have men-
there arc tVoni the size of a seed of mustard, a sesamum seed,
ot mayan paddy, a kyeng yooay seed, and larger than these
weight oi a pav, a moo, a half tickal, a tiekal, there are all
1 11(1- Mv\ thrre are frogs whose eggs are as large as a tsalay,
a p\rr. a t>^4n>oi, 4 quarter basket, a half basket, or a bask-
on,:M the !^a trorr*. tiveniy-five tickala is the weight of the
(»S*cooo£im£iogoc§33<33^got^^S«>y>fficg«t&iyiBc5i^
ag<;isooSi833c».c^c^»£i(^a3g(£. oe^iSoScgi c««Ej^U
ceeiu^.«c7»Ete»£ieST^^gSeo3^i»£ig^fte|fgSeMfi|E
33^ns3COi^EtagSo)33ijg(^i wcQEuo3^tugiS5Q£odBii
ue(Sn:a3Sta^33^coa3G[£icQEjcca5c»i ^mstOKo):
coScaooSsp ■ cgcoJli ugS co^^Ssfcgs csogooSa
coooctf ggo^iroc^oScogSs ei ^roois^c^co gooogSoBs
•2-19
largest ; for tins reasDii, the people at the heginninfi; oi the world, ao
cordini; to tradition, in casting (a weight) in the figure of a frog,
made it oidy iwcnty-fivo tickals, and in this (figure) they did not
make lar^o atid small weights; hut decreasing froni this thej came
down to the yooay, anil ascending frotn this went up to the viss, ten
%ise$, one hundred viss, one thousand viss, ten thousand viss ; and
from this (one) in weighing tliey calculated the otherH, ^hiHing from
one ((» aiiotiier weight, (that is, by nuiltiplying or dividinff sand,
or ?*o!ne other manageable »ul)stance, with this twenty-five tickals as
the only .standard weight.) When the son and father-in-law assault
each other, it is said, '* let (the offending parly) make an offering of
one sea Irog according to their rank or class.*' Besides this, in the
whole succession of (previous) worlds, in the time of all the gods (in
tbe^e wi»rlds,) good kings, embryo deities, cast all (the weights) tliey
used in the figure they pleased, and considting bramin prophets and
men versed in calcnktion, ina !e the various weights, commencing
with a grain of nuisiard seed, yooay, pay, moo, mat, kway, kyot, and
piktha, a> ^ as prt»|)er Oh excellent king! in accordance with the
lau*», e\ il <i» « (Is are to be set aside, and good to be eslablislied ; let
largr iii'l -mall l>a-kets and sc.des (weights and measures,) be estal>-
lislifd acjordiiii; to the i^rdcT of the kiuif. Thus the lord recluse
fna«le kiioNs II to the klfJj.
(Uh 'i'ht Idtr rr/it n I lie ffnijn rft/ of a risitor, trhiht on a visit , is lost.
i )h <\\rt ll( III kni'T ' as regards the case of a visitor or lodger, when
the prop* rt\ of the ouiier of the house is not lost, and the property
t»t*the \i-«iit>ror lo<]i»er is, if the visitor have not shown all his pro|>cr-
IV, i:o*m1 and bad, iarifr and sriinll, long and short, to the owner of the
hotiM'. and if II be lo^i and he sue the owner of the house, let him be
accjuiiied ; b;ii il the pri»jK-rty saiil t<» Ik* lost by the lo<lger he !»een in
ihr |M.--.--.iiiji nf ilic owner of the h«»use, let him make restitution
arr.rdmi,' to tin- kind orir.»»Ki«<
7/ A I'/tt itnr jrlun tit, proprrti/ oj the otrurr of tin house is iost flu-
riHii fli^ ytaif of a visitor.
It the pro|)« rty «>l* the hxlifcr l>e not lost, and that of the owner td'
the liMi-r l.« , and il'ilie lodger, at th** tune of leaving the house, did
not »!i( u all lir bad with hiin, and went without the knowledge of the
owner ol thr lioii-r : let tin* lodijer make gou<l all that the owner of
the bt)u*e \i'*'\ >*u ilint <lay and nigJit, if it be not disco\ered in the
po-^-x's^ioii ot am "ne v\>i'. This is suid of light gcMnJa of smalt ^izi•
that m.'i\ !•«' i-.»rri»d ntVwiiliont brini; seen, gobi, siUrr and gems, —
if It bi- a biid for .1 man, cloths or Imlkv g«HM|s, if ii be afterwards
discovered, let it br made giHMj in the nunv way as above. This is
s.4id wbrii M 1^ \''Uj. before the discovery i> mad^ ; if he be caught
ifniiH'di itrlv afftf !«M\ iu'j the hou«*e. or on the <:inif dav, and if lu
J JO
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ocecx^ij|86|^coood^sooS^dii
250
$enrcliin|T him it be not found, let him return one third of the value
of all property proved to have been lost ; that is the penalty of his
folly for leaving the hou.se without giving notice. If a lodger shall
not lo<lge in th^ houi^e, but in a common zayat, one with more roofs
ihan one, a cave, natural or artificial, under a tree, or on the plain
ground, without giving notice to the thoogyee of the village, if his
property be Io8t, no one is to blame ; let the inhabitants of the village
be free of fault ; if in so sleeping, thieves shall come, and though he
call for as^<ista^ce, the thoogyee and inhabitants of the village give
him none, let them make good all his loss that he will swear to if the
thief be not discovered ; if aAerwards the thief be discovered, let the
thoogyee and villagers take from him all they had previously made
g(K>d, for this robbery, and let them divide it amongst them in propor-
tion to their ^liare of the compensation. If the lodger shall make
a C4>niplaint or accusation as above, and his goods have not been lost
in that \illage, let him forfeit to the thoogyee and villagers the same
aroouut as he has claimed, and let him keep a better guard over hts
tongue. Thu.s the lord recluse said.
K/A. Thr Itnr rr^ardin^ rtrtiving the slave of another.
<>h excellent king ! if any person knowingly shall, without telling
the master, rorrive his* slave and employ him or conceal him, if the
master accuse liiin and his accusation be proved; let him pay the
hue for receiving tlie hluve of another, the price of his labour, the
f>\(N>iit^es <»t' the master following him, and let him make over the
!ila«e to tho funster : and if this slave run away again, let the person
w1m> recei\e<l \\\\\\ l>efore be held resiN>nsible : lei him be security for
three years ; and if the slave after having run away is not found or
rec>o%ere<l, let the senirity pay his proper value according to his abili-
ty, streiiifih or <iflij;enre, an a servant ; and if, after this, the slave bv
chance is found, let liiiii he I he profierty of the person who was his
i»«^unty and has paid his price; the original owner shall not recover
him : Ixit if It t»f not thus, and the person giving security has con-
cealed the hiave, if the slave slate this and pro%e it, let the slave l>e
given t(i his onirinal master, and let (the security) make compensa-
tion acrorrling to Dariiathat in five flaves, or hhy tickals of silver, and
let him !>€> scfMirity for ihn>e years : if tie (the slave) ran witliin these
three year-, let the scnirity pay compensation in fifty tickals of silver,
ih#» price nf five .«.iave>; if he run after the expiration of the three
%rars, let (the security) he held free, even if it be proved that he run
« ithiii the three year** ; if it Ix* proved that s(»ine other person has stolen
%>f conr^ahMl him, the security shall not be sue<l, let him be free. If
? new king has come to the throne, let these fines be all set aside.
)rt the originiil master only have back his slave, and let the security,
the person who concealed him, make him over to the original owner
If h#- die before he in given over, and a new king has couie to the
•hTon* , le! thr matter be a: nn end Thu* the reclute said.
J3J
D? @r6oc8d8o5§c§o6co30oxpti
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goScoo9^@2iad@8o2a>^ic203ccx>oGScl^6Jn^i
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^^oid^oobSod^ooocSajjoGcxJlSceiGg^ajjotrl^oS foSi
J
252
>oinl»ly, fi^flitinir the stolen animal, let there be no fine for the theA.
ir the nnimal dies, lias n limb broken, or is blinded, let mother be
;;iveri in its stead, and let the owner of the animal take what he may
have betted on the match ; that is, when the place is not dislant, but
with which there is daily communication. Bui if the owner finds
the animal fighting in the assembly at a place two, three, or ten daTs'
journey distant, and a river intervening between the two places, let
(he r<impensntion for theft according to the rules laid down, for the
animal stolen, be paid. Thus the recluse called Menoo said.
VUh. Thr lair when fowhy goats y or pigs, go tdikim ike fence of muh
thtr person.
Oh excellent king! if any male goat, pig, buffalo, bull, elephant,
horse, fowl, duck, partridge, cyrus, or other animal, shall enter a
ieoce or fowl-house where a female of the same species is kept, and
the owner of the female shall admit that be came there, let the own-
er take him :t\vay ; he shall not say the other enticed him ; there shafi
be no fault. Rut if the owner covetously sets a snare for him, or en*
tici^ him au ay, let him make compensation by paying two for one.
If he does nut so ensnare him, but he comes of his own accord, and
he shall conceal or secrete him, double his value is laid down, and
iHie half tlic compensation as in theft is also laid down (by law.)
!^ t hi:ii make compensation (in one of these ways.) Thus the re-
r|ii>4- called ,Meiuw» saitl.
Wth. Thr law rrffarding giving intoiicating drinks.
Oil excellent kiiii; ! if any one has called another, and given him
inti>\icriti!ig <lrMiks, he shall re-conduct him to his house again. If
he ihnx not. and lie dies by the way, the person who called him shall
n<>i be held faultless: let him make compensation in the price of the
ileceaM i] H Ixuly according to his class, and pay also the funeral ex*
l>4*nM*^ If they he brothers, or descended of the same great grand-
t'athrr. lei liiiii pay the funeral expenses. This is said when there
are no inarlvH of violence, no sword or spear wound, or marks of a
Mick <»ri tilt' lN>dy. If there l>e such marks there, and they be of the
«ame tafiiily. let (the person givmg the drink) pay the funeral expen-
M-^ and thr iU\t{-i (of tlu> deceased.) If they l>e not related, let (the
ji\rT ot the <irink) make com|>ensation iu ten men or three hundred
iickaN If ilie person who committed the violence be discovered,
\t'X hirn p.iv the three hundred tickals compensation; and as regards
xUt- fdiili (fific) ot li.iMng called him, and given him drink without
^t( III J liifii liodir, let the person who did the violence bear one half
of It If U*- dies bv the bite of a snake or tiger, or ao depbaot
tr'-adiiig on Inni, let the person giving the drink and not seeiatf him
hon.r, piy his funeral cipenses. Thus the recluse called Menoo
J 3?
3 9» rfjScEg£tccotulit»cpw
CD^§Jf^8c£gS8«jecO!olt£»§oi - -?'^'^'§^
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cog loao^r^co^ g^c»i
OT^^ioj" ScDCol oSsaSwoaoicooicgi j8 ■oafl *f6c.
1
253
lo/A. The four cases of laying hold of a person roughly.
Oh excellent king ! as regards the four laws of laying royghly hold
of a person : 1st, laying liold of a thief; 2nd, laying hold of an enemy;
drd, laying hold of a |>erson for an instant in a passion; 4th, laying
hold of one hiring goods or property (of the person laying hold;)
these arc the four. Amongst these, a person shall have th^ right to
lay hold of a thief. If the person who has charge of these matters,
(the judge or Thoo^yee) release him, he shall not have a right to
seize him on liis release, as a thief; if any one does so, he shall he
iiahle to the tine for laying hold as before laid down ; and if it equal
the amount of his property stolen, let him lose it; if it etceeds it, let
the thief make compensation in the (balance) diflference. If the pro-
perty stolen be not ecpial in amfiunt to the line, let (the person so
laying hold of the thief a second time) pay the dilTerence. Why is
this f — because it rests only with the person who has charge of these
matters, to decide as to the propriety of his rehase, and he has as-
mmed a power which he does not possess. In case of seizing an
enemy, or laying hold of a person for an instant in a moment of pas-
sion, no one lias a right to do so. If the hair be laid hold of, or a
kick intlicted, a tooth knocked out, the skin abraded, or the person
be bruised, let the fme be levied as laid down in the chapter on as-
sault In ras<> of apprehending a person who is in debt (to the per-
jH>n apprehending him,) having considered the place, and the time,
let It be doci(i<>d whether he is in fault or not by what has been laid
down in the c haptcr on arrest for debt.
Besides these, there are seven kinds of laying hold of a person,
which shall not ))e considered a fault: 1st, a teacher laying hold of his
scholar: 'Jn<i, parents, of their children ; !lrd, a master, of his slave;
4th, a graiid-fatlier or mother, of their grand>child ; 5th, a head man,
of thos4^ under hiin ; (Uh, an (>lder brother, of a younger ; 7th, an elder
sister, of a yoiiiiL'er. If both the individuals of any of these seven
clasM's now mentioned, shall mutually lay hold of each other, the in-
firrior shall be held in fault ; let him make an offering. And if the
jiame persons mutually and equally use abusive language to each
other, Ml the same way let the inferior make an offering to the supe-
rior. If any two people shall use abusire language towards each
other, and be equally in fault, and one shall sue the other, let him
|<ise his •<uit, and lM>ar the costs, and let him repay the other any ex-
penses which the suit may have entailed on him.
In another ra>e; if the words of both shall be the same, except
that one shall introduce the of the other's parents, and he, the
wife and children of the I the person introducing the name
i>f the parents lose the c\
In another rase; ^i f *
relations, mvr-*. son**, n o
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254
ail hereditary irredceiiiabU* slave, let tiieiii liave a right to do so; bat
if in abusing each other, the one shall call the other ran hereditary
slave, and the other shall retort by calling him a slave of the pagodi
or of a kyouiig, and the cuse be brought before the judge, if they prove
what they have 5aid to be true, let them have a right to use the above
language; but it they cannot prove what they have said, let ihem be
punished accord inu to the abuse they have uttered. (If one admit)
that he made use of the language in a passion, and that it is not true,
and after this is projiccuied, let the plaintiff be non-suited ; if the in-
dignity conveyed by the words of both be the same, let him, who has
used the ino.st, lose the suit. Thu:> the lord recluse said.
Kith. The law rrmtrtlinff decision by ordeal,
Oh excellent kina! the decisions by ordeal arc as follows : 1st,
each of the parties are made to take one tickal's weight of water in
their month, and li^^ht candles of equal len<^th; this is called the trial
by fire : *id, the trial by water : l)oth parties are made to go under wa-
ter : !kJ, both parties are made to chew one tickal's weight of rice :
4th, both partus to dip into (molten) lead. Of these four, in the
triaJ by tire, let tiie person w hose light first goes out, be the looser ;
if before the li«rlit <jo('s 4>nt, one shall cough out the water from his
mouth, in const •jiienre of some |>ortion having got into the trachea,
let him loose; if the hv^lits go out together, and neither cough out
the water, let tliem spit out the water, and on weighing it, the per-
son who«*o wairr weighs least, loses. In the trial by water ; let the
per^on vrlio tirsi comes up, lose. In the trial by chewing rice ; let
rarh be made t<> chew one tickal's weight, and if before the cup with
which time i^ measured sinks, the rice of one be all finished, (or
• wall<»w( il.) and oim* not, let the one whose rice is not finished, lose;
if thfv be timslird loirdhrr, let tliein washout their mouths in a cup,
and let liim in \\li»»-r unier there is the greati'st portion of rice, lose;
A\\(\ Irt hitii uli<»-r V. at<r i^ the clearest, hiii. As regards dipping
into (niojtrn) l« ol : 1* t the person who is burned, lose, and be who
i» not burned. y\\\\ Thun \\\c recluse said.
Mth. Tlir lair vf^inrdin^ thr srrrn kinds of witches, or ftizards,
(iitd thiir trial by water.
Oil exrrllmt km^' ' as re;^'ards the seven kinds of witches, or wiz-
anls iIh r«- i«« ibr uitcli nlu» is 5<» by reason of his Constitution; the
i\%o wliM ar«' s« li\ r.i^on of ujedicine; the four who art hereditarily
^1 b\ reason ot tli< \ it oi ilieir parents, taking up his abode in tha
j*-r»..n c».iiiiiiu.ill\ ihei* are the ?>f\en. Of these seven, the witcb
« a!-' d liiii ui-\v( 11, CI k.iw i\ itiyniik, IS the greatest . ne\( below him is
•\*- lifM < (.padai. the .•< \t ii ;«n^-ia-lien or goung-pyan, the next »au-
ja-nt r, lb" ncAt ;ha-t!^ »ng, the next kyay-tsoiig, and the next let-touk-
J33
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g880dQ)0Sc2@8HO3cd00(g88igO0^(S'c9l88(^C»^ff^tAtMficfl^
'I
*
255
li'se kinds ul wizards, the atha-tt»ong, kyaj*Uuiig aud let*
re those who (at night) cat flowers and parched grain within
o.Hiire around their own houses, Bre isbuing from their moutha.
% the kyay-tson^ and the lct-t^ong, become wizards by taking
medicines; the atha-tsong are so constitutionally; they do
ritch people. If they are thrown into water seven cubit9
i)ey can i^ink so as to leave one, two, or three knots of the
)ve water.* These are not proper objects to be banished
^ vdlage or district, but the person who accused them is not
id in fault, lie had a ri^^ht to accuse them. It shall not be
It they sank in the water, or that they floated. The state-
lK)th parties, accuser and accused, is true; they are and they
witches; let iliein, therefore, bear tie expenses equally.
es these ; the kaway cannot sink in the water, and the hneet-
honifli with ureal exeriitin, he can get under the water, he
y sink two knots, (or cnhiij*,) five are left above water; the
ien and the /au-iranec arc the same. These four are wiz-
reason of the Nat who has been worshipped by the ances-
'uccession takini; up his alnxJe in their bodies. They eat the
t out for them in the small flat bamboo frames used for win^
;:rain, and lu little baskets ; they bewitch people so as to
icir (1< itli, and tlicii eat them; they also dig up the hnman
roin thr iiT'Wi' and eat them. Of these, (the last) three can-'
iK h a person acrt^ss a running stream, and even in the same
>r <]i^trirt. tlii-v cannot bewitch a person seven houses distant.
HoMt, thry iiiii-t he banished the district. The kaway can
a pcr^tMi r\r\\ if a stream ititerveiie, so this witch must be
il IhvoihI vr\» ral xireanis, to free the Tillage from his influence.
sr\rii inatt« r««. t}M"*e are truly the traditionary rules from the
u<^ of ttir w<»rM f(»r tryini; any man or woman who practices
ift In at < 'trdance with them, let the guardians of the law,
r. iiohlr^. tluN)irvee^. and heads of villages, af^er baring ar»
all thr pr< Inminry -leps in strict conformity with the cere-
ir«-H( rilMi! for the trial of the seven kinds of wizards by the
trat tirr^. -( It ( t a piece of still water where there is no cue-
mI III wliK II tlnre an* no ntnmps of trees, rocks^ or inequali'
i ihrou titriii into It All matters connected with witchcraft
,■ - I. •< . • \' > r t (irr** ihr Mir«itiac •bKhl«Oil« the d^plh ••'
I r<-|- of tK.ll Irtish, *Hi whrS thr riiNta %rm itMrllrtI
» : '••<> > >•! tvr i« |nwrrr«{ rrMliu.'lv Inln the water. mti»f
t I > I ' >f ' ii'>ita )fr rrtiMlna Mi«f»tMt«rf " lu «|«llllirkt " OM^
■ •
e^>eoticc^yQDSt^j^8co>oSgc^cgS^«oao^iQO^^iooci^i|S€)^4ij|i
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oa8qoSoo^ieaj]ocS6d188oo£9Go88c^§^G{pdfi f<)§«<fQO0Sc&^
.^rt
255
Of the:>e kinds of wizards, the atha-tiioiig, kyaj-Uuug aud let*
t&<>iig, are those who (at night) eat flowers and parched grain within
the enclosure around their own houses, fire isduing from their mouths«
Of these, the k yay-tsong and the let-t^ong, become wizards by taking
certain medicines; the atha-tsong are so constitutionally; they do
not bewitch people. If they are thrown into water seven cubita
deep, they can sink so as to leave one, two, or three knots of the
rope above water.* These are not proper objects to be banished
from the village or district, but the person who accused them is not
to be held in fault, he had a right to accuse them. It shall not be
said that they sank in the water, or that they floated. The state-
ment of l>oih parties, accuser and accused, is true ; they are and they
are not witches; lot them, therefore, bear tie expenses equally.
Besides these ; the kaway cannot sink in the water, and the bneet-
padat, though with ^reat exertion, he can get under the water, he
can only sink two knots, (or cubits,) five are left above water ; the
leng-ta-lien and the zau-ganee are the same. These four are wiz-
ard3 by reason of the Nat who has been worshipped by the ances-
tors in succession taking up his abode in their bodies. They eat the
ibod put out for them in the small flat bamboo frames used for win*
nowing ^^raiii, and iu little baskets; they bewitch people so as to
cau.*^e tlicir diMth, and then eat them; they also dig up the human
bodKs from tho vravo and eat them. Of these, (the last) three caiH
not bewitch a [>erson across a running stream, and even in the same
ullage- or di>trirt, they cannot l>ewitch a perscm seven houses distant.
If the>e tloat, they mu^>t he banished the district. The kaway can
bewitch a person even if a stream intervene, so this witch must be
bani«hed iK'Vond several streams, to free the village from his influence.
In the^e seven matters, these are truly the traditionary rules from the
t»<-;:innui;r of the world for trying any man or woman who practices
witchcraft In accordance with them, let the guardians of the law,
r^M' km::. nohle>. thoogyees, and heads of villages, afier having ar*
ranged all the preliminary steps in strict conformity with the cere-
in«»iiial pr<'scnt)ed for the trial of the seven kinds of wizards by the
ancient tcacher>, sehct a piece of still water where there is no cue-
r«itt, and ill which there are no stumps of trees, rocks^ or ine«piali-
tii -. .iikI {\ho\s them into it All matters connected with witchcraft
I«^# M •'. .•..(•'.. ..nr 1 »' .<«»• c.««< < k»rl» t iprr^ llv O'CAnliiC. wliKh !• lliw lh« d*|>»h ••*
, . .'» ..' . '' I • it in ttf^ «r t r I, . iit<«u « n>fir iH tlui Iritfth. <Mi wh rh Ihr ruMta *f ii»«rk«-<l
• ' , I .■■'•'• -11 < lh- «:rjMr« (■■ly 4iMf hr la lowrrrd irr»iliuill|r »n|n the «*Ur . AtXfi
ft I •• . ' r- ti- 'i t«i.< I ->«» fotit nf fttr fiitma. h» rrnxtow WMf*lii1wl " iu «|Mllibrtot " n*t
foo^soltc^cSiS'ooc^goSffG^i cogoodoj^oogScsgSiaogSi •&
ccx>98si d^StcGooSscga^giciScoooo^si ^oStcoooSse^pSitii^
goScooo^Ss^si 3dcig8s^8i^s^8i»oS^ti^tca9iM5boSi
c^c^Od^t j^8 oStoooGp&o^^ o^oo^Odf tfd^i
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256
are only mad^ clear by the ordcnl of water. As regards the doctor's
tainec,* yiv>ayi.iii,t and niher thinji;s, ilicy are uncertain, and not to
be depended on, whether the witch has hewitched another, and the
fart iM discovered, or the witch or wizard of themselves confess that
thfy are st). The four witches above mentioned, even if people arc
afraid to associate with them, nhould be admonished by the three
gems, (^od, the law, and the ))riest8,) and warned to desist (from
thefte e\il prat tisos,) and they ^honhl be called on to declare io the
presence of these «jem8 that they will observe the (five) moral duties
and will renounce their bad habits, and to swear by the three gems
that they wdl, in future, practice good works. This is the way good
kings, embryo HtMulahs decide, and if the kint{ passes sentence in
like manner, the rains will be abundant, the rivers full, and the
ruiintry Hourishing and cpiiet. Thus the son of the king of Byah-
inahs, the reclur<e called Aleno*>, said.
\>th. Thi lair rt^nrdimr the bearers of the (royal) sword, lance, and
umbrella, {with the rim turned up.)
Oh excellent kin^r! that miiiisters of the interior and of the exte-
rior, le^^r^er lords' and chiefs' sword and lunce bearers, umbrella
!»<»arers. and litier Ik irers, ha\c been attached to all kings, is a tradi-
tion rr<»in th(> be^ninini; of the Wi>rld ; and where there are quarrels
bi-twern theii!, as reifirds these compensations and fines, it is laid
do\*n on th»' rinpier of liriex. There are two kincs of sword bear*
«r« : the hcrcdKary suord bearers, and a person in whom the mon-
arch places roiitwleiire witlioiit reference to his class, a person he
b.is about hini nii^ht and day, the guard over the royal life ; in all
r .iM*'« <»f ax-^auli on, or abii-iN (• laiii^naije to, .vuch a person, let the dam-
aijr*. l>r ilif >ani»- a^ whrii roininitied on ministers or lords. Why is
ib»- ' — bn aii^r the\ arr ii«»i ina'^irrs 4»f their own life, and are officers
alMMit th»' (kiii;^' «-) |)«T-«»ii. A** re«;ards an hereditary sword bearer,
tb«- rdiiiprri'^atioii ^UaW br made as liid down in the Damatbat, by
the fixed pFKr t*f a ^iave: if the otfence l>e abusive language towards
ibrrn. -«« Mil ^1 avt-N ; aiid if a»aiilt, nine slaves; and if their wives be
*#dnrcMl. titn rii •.JaNt- --hail be tlie compensation. These people do
riot riirv th< ir >\\or<t^ (irawn, but keep them in a handsome scab-
bir«l. and ar«- dri'*-* d in a fiiH- ijounij-boung and clothes, and carry
(tfi» -\^Mrd) alter (tlir kiiii:); tb*'y -ire rts|K'Ctable people.
• r . • ,• A. a. , » I .. ■' . I •i9r^rJ^\.4 «ith crUUi rcrvmooiaa, and In
« ■ f ■ ■ ' I 1 • - h f.,a f >)• ••-< k. •<( t<i'- |>rr<«>>i lir«tich««l. mmI prrtMito
\ \ .',.:' \'i . '- >:• 4' a ru1« {i%r NrAi: \\r*\ ti»r«Mi, arut Aulu Um oaaM of
•.»,■.* f i».. ...,.< u r .til «tv«t«*.< wata* Dm- » it< h (■•liif uiuibl* to ••rap*, Mid
,.- « . . • .V • , » t',- til •t.i'i •■( \hr |at»riii TH* iJ"«-ii>r <ir\Wr«^h«r n#v«r to c«a
;.' ■^- fipiili- r I II I II Ifil IM O I I I iff ail 1 thl !■ ■tlilWxl 111 MClp>
• J ^r 1 >uf 'i.t > a vrn . * •!<' k •■i^ht ••( t^fi irM-hr« lonjr. inarlird all «r»r wiUi f ahaiiilt
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•257
A^ regard.-* the lance bearers : iliere are those wlio arc so hereditii*
rily, and people of any class, called the royal lifeguards; these are to
t»c considered the same as the sword bearers ; this is said of the golden
lance and sword bearers. If they be killed, the compensation or
dan)aj»es, is ten tiines what is pnid for an assault on them.
A> rei^iirds ilie beuror of the umbrella with the up turned rim, and
the bearers of ihe royal litter or pulunquin ; in case of assault on or
abusive lafi;iiiatje to them, let the compensation to them be three
times what it is for ordinary people, and in this case, let one slave
be considered eipiaJ to ten tickals. If they are killed, let the com-
pensation or dainnjTos be ten times the amount for an assault. As re-
gards the iiit( nor people, the above life (guards are reckoned as such.
Be»^idrs these, there are the men of g<Mid family, who have never been
rrbels, or failt d in their allegiance, who attend and watch over the
monarch by «lav and by niijht, wherever he may go, and remain in
the dilfrreiii ranc'"* '>f the palace, large and small, who are like the
m<»narrh's o*An children in point nf clothes and food; whose weajxins,
a ii l(b*n sword, <5L('. are always in their hands; these are the most
irnsietl irnards of the interior, in case of assault on or abusive Isn-
gud;;e t«> th(s«' null, the punishment shall be the same as for the
sain<* rnmr aiiin^l the r(>yal family, with the exception of the king,
<|ue«fi, and h» ir apparent ; the compensation as laid down above in
ffUvt'-, or if ili»v <lu' in con>e(pieiice, ten times the same amount.
ThU'* the rt>yal rt rluse said.
Tin** !•* tho < nd of the ninth volume of the Menoo-kyay, commen-
rinir ^^«th the birth of a child, and ending with the guards of thc'n*
|rrior of the pi^lare
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LAWS OF MENOO.
TOB TENTH TOLUMB OP THE
GREAT WORK OF MENOO.
/ trnryhip the f^od itho is tcorthkf of all homage ^ who possesses cm in-
tuitivt knowledge of good.
CONTENTS or THE TENTH VOLimE.
THE LAW OP INHBRITANCE.
1 The four comparisons.
2. The partition of the property between the father tnd lOD on the
deith of iho moiher.
3. The partition between tho father and diugbter, oo the death of
the mother.
4 The partition between the mother and daughter, on the death of
ihf father.
/» The partition between the mother and sons, on the death of the
father
t» The partition, after the death of a person who has taken a se-
cond wife, between her, her children, relations, and the son of the
deceased by his first wife.
7 Tho partition bctfieen the sons of a first and second marriage.
H The partition between the ste|>-father and his step-sons.
(r The partition between the three kinds of sons.
10 The partition on the death of the wife, between the step-father
and the three kinds of sons.
1 1. The law that one fourth is to be divided amongst the children,
on the s<>n<< (iomanding their inheritance from their rooiber, on the
father's death.
VI The law prescribmg when one fourth it not to be divided
amongst the children, on the datighter's demandtog her iuheriiance
on the death of the mother.
13 Both father and mother having died, leaving only daughters,
the law of partition amongst them.
14 Both father and mother dying, and leaving only sons, the law
of partition amon^^st them.
15. The eldest child hsTing died before the ptreou, the law rif
partition between hL^ child and its uncles and annU, by the father or
m^thtr'f •*idf . •
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259
V After the dcuth of tlic parents, and before the ptrtition of th^
rrty. the sons and danahters entitled to share having also died^
law tor partition between tlic sons and daughters-in-law.
r After the death of the father and mother, if the sons or daugh^
die, the law of partitiuii as regards the children of the deceased
and dniiulitt'rs.
^ Afifr the death of tlie parents, when the properly is divided
nir>t the ( Inldreii, and they are living separately, the law that it
I nnt n>^r<Mi(l.
y Thoiii^h it is said the property shall not ascend, the law when
iill <io ^o to the pnrents.
^ Thi' i^riiid father haTiiig died, the grandmoti cr takes another
»and Mild dus without is^ue, the law for the partition of the origi-
;)r(>p<>rtv of the ^rraiidiiiother between her grandchildren and the
-;:r.in(l! ilhiT.
I Partition hotwecii tl.'* children of the step-grandfather, and the
Iren of a !uarria;_'»' as above.
1. Wiioi), diiriiij the lifetime of the parents, the eldest son or
: titer, without their haviuir been given them by their parents,
i hi\r lakcii tit-Ms, plantation**, gardens, silver, slaves, property,
riatw nr ifianiiiKUe, and est iblished themselves separately, the law
I u h It ]M»rti<>ii of Mirh property, then in use by them, shall, on
•i< ith of 111. jnreiits, be divided amongst the relatives.
\ The voiiii'^er rhihlren under the same circumstances.
I Tilt ( hi* r and vounjer < hildren having taken the property of
piren; , li\e apart from them, the law for the partition of this
iiT t \
'» Thr 1 lu tor pirtitn»n of the property between an adopted son
the relaiive*. (»1 the adopiinjT father and mother.
W \\ a i ii-l. iiHJ 111(1 wite hnini; ehddren of their own, shall pub-
Mixi IK i-riMii-lv adopt and briii^ up the children of another, the
ii\ \Uii< !i out h < hddren shall or shall not inherit on the death of
p.ir» lit-
' '\\i 1 iv\ <d partition between such publicly ad4»pted children
!!>• relaiioi)-. of the parents — what shall, and what shall not be
d»'d
- I h* |> ir« tit>, «on«, diughters. sons and daughters-in-law, living
th<r. a hii<hand or vMle dies, the law of partition between the
or <1 i!ii:)ii< r, ^oii or dan^*hter-in-law, and the father and mother,
ather ait<l mother-in-law — what shall, and what shall not be divi-
*J Parents haMii;; ^iven their children a sufiicieiicy, ooc too with
mi th« parent!^ are liung, dies without isstt*, ibt law ofpartilkNi
«v»*rn the parents and widow of deceaaed*
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260
ugliter and soii-ia-luw liviug separate from tlieir parooU
jt their uwii, the daughter returns to the house of her pi«
here die.s, the law for the partition of her property.
yghtcr dies in the house of her parents; their toD-in-law,
n a second wife, goes to her place of residence — the law
It ion of the property between him and his father-in-law.
itii liaving given their children in marriage, and esiablbh-
a separate residence, where they both die — the law for
I of their properly between the parents of botli.
law for the partition of the property between sons separ-
nly, grandsons separately and only, and great-grandfoiM
nd only.
law of partition between five daughters and one son.
law for providing all children born in marriage with ne-
[)ori, food, anil clothincr, md no more.
law of partition by which children who are mad, imbecile,
umb, i\c^(, or blind, shall have their full share.
iiiiiii liunband having a wife of the four other classes, th«
ition at liLs death.
law of puriiiion on the death of a husband who had many
in the ^ame hou^e, and eating out of the same dish.
nil of tli<> 5ainc father and mother, who by precedent
\n inheni
law of partition between a head wife, a concubine, and a
law of partition between the children of the above.
law of partition between the six kinds of concubines.
aw of |)artitioii between the six children of the same.
aw ol partition when the head wife dies leaving children,
takes .1 !i|,i\c to wife, and eats out of the same dish with
II hfT rlnldrrn and the head wife's, on the death of the
law of partition when the husband ho died, and the wi-
I ftla\e to be her husband, and eats out of the sam« dish,
ctiil<lr«n of the former husband, and the slave husband.
husband having a son, the wife a daughter at roarriag*,
V and the husband marries his sttp-danghter, the law 9t
ween the three childfen.
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261
47. In ihc same case ; the step-daughter has children by her step*
father, the partition on his death between the son of the husband by
hi^ fi'st marriage, the son by the motlier, the son by the daughter,
and she who is step-mothtr, sister, and mother, in all, four persons.
4^. Under t))e same circumstances, neither mother nor daughter
havinj^ i<sue, the law of partition between the son of the father by his
first marriage, and his step-mtither, on the death of the father.
49. In the same way, the father of a son and mother of a daughter
marrying and having a family, the father dies, his son by the former
marriage marries his step-mother — the law of partition between them.
50. A couple marry without the consent of their parents, elope
and have a child, after which, obtaining their parents' consent, the?
return and have children— the law of partition between these chiU
dren.
51. The law of partition between a child begotten without mar-
riage, in youthful wantonness, and the relations of its parents, on the
parents' death.
5*2. A man and woman having secret intercourse, the woman is
i^ot with child, the law of inheritance as regards this child, for whom
a nine has been paid, and the relations of its parents.
.W The h\v as to what portion of its parents' property such a
child, for whom a fine has been paid, shall or shall not inherit.
51 .\ woman having been given in marriage by her parents, sepa*
rates frodi her husband whilst with child by him, and takes another,
the law o( parution between the children of both fathers.
.>> In cas? the father of the first child shall hafe no direct heirs,
the law hf which he shall share with his brothers and sisters.
ri6 The law of inheritance u regards the six relations of the hus-
band, and the six of the wife.
57 The law of inheritance as regards a younger and elder bro-
I her.
.'tf^. The elder brother dying, the law of inheritance at regards kit
wife and children, and the younger brother.
.'>9 If during the residence together of a younger and elder bro*
ther, the younger shall die. the law oi inheritance u regards his wife
and children, and the elder brother.
«>0 The law of inheritance u regards one brother and cue sister.
61 The law of inheritance aa regirds three brothers aad aitcers.
i9
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^262
62. A person having died, one relative buriet him,*-4lie lawofin-
herhance aa regards this relative and the others.
6n. A perffon l>eing sick, one not related to him takea care of, tii4
mAer his death buries him, — the law of inheriUnee at regtrdt Uut
persoo, and the parents and relati? es of the deceased.
64. A husband and wife, who are slaves of different maetefs, dfU^d
the law when one of the masters only shall iokerit.
65. The 8iaves of two masters dying, the law when the maBtcra of
both shall inherit.
66. A man marrying three successive wives, and having children
by each, the law of partition between the children of eadi, on the
death of the father.
67. A woman having had three successive husbands, and chitdres
by each, the law of partition between these children, on her death.
6H. The law of partition between the pupil, and the wib and ehiN
dren of a teacher, at his death.
60 The law of partition between the teacher, and the viife and
children of a pupil, at his death.
70. The law of partition at the death of a teacher and pnpil hav-
ing no wires or children, between their parents and rdtlives.
71. The law when a person entitled to inherit, shall not, and ihoae
who are not, shall.
7*2 The law of partition when there are two elder, two middle,
and two younger daughteri, by the same father and mother.
73. The law of partition between children born to a couple mar-
ried without the consent of their parents, and children born of a
boaghi Awft of the parents, given in marriage by them.
74. An hereditary male slave marries a free woman— 4he law for
the partition of property acquired by both, at the death of the slaf€,
between his wife and his master.
7ft An hereditary female slave marries a fret nan-<»tht itv (sr
the partition of property acquired by both« tl the death uf tkn wo-
■san. between her masier and her husband.
76. An berediUry male or Csmalt alaie aarritt a frnt ptr^nn wii^
out the knowledge of the matter— the lav for the partiiie» or n0l o^
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263
77. A male or female nlave, whether born in slavery or bou|[ht,
marries a free person, niul leaves property; the moter being dead»
and the parents ot the free party alive, the law for partition of the
prt>perty.
7H. When parents, afier having divided their property amongit
their children, ha\e f^oiie to live with one child, but thall die with
another, the law for the partition of such property as the parents may
5till have remaininir at their decea!>e.
79. The son or dauphter-in-law having taken charge of, and eco-
nomized, and a<lded to the property of the father-in*law, the law of
inheritance as regards the increase.
HO The father-in-law havinf; traded on the capital of the sons or
dauf^hters-in-law, the law regarding the partition of the profits.
M. A hiishnnd and wife living separate from each other, and also
from their children, the law of partition on the death of the parents.
These are the one hundred laws and upwards of the tenth foluroe
of Mentx) Kvai.
\st. The four comparisons .
1st Tint all kinds of inheritance shall only descend, that is, that
children, crandchildren, and great-grandchildren only shall inherit;
'Jnd. that aiiion^^t children of the same father and mother, the in«
heritancc should he divided twice, one comparison; 3rd, that of
children of the H.iine p&rents, some should, some should not inherit,
one C4>inp iri-«)n ; Ith, amongst children of the same parents, three
who may not inherit, one comparison.
Thesf four comparisons I will now shew; Ist, the inheritance like
a palnivra tree; '2ii, the inheritance like a bamboo; 3d, the inheri-
tance like a plantain tree; 4tl), the inheritance like a reed.
I^t. Aki rf'ixirds the inheritance like a palmyra tree; it is the na-
ture of \\u^ trtc not to ^row from cuttings or shoots; having lived its
time, it dolors and hear?* fruit; when the fruit has all fallen off, the
parent tr«-e i\\vs ; after it« death, each fruit becomes a tree, and con-
tinues the taiiiily Whilst the tree was alive, no other tree ecmld be
produced ; •^o only on the death of their parents do descendants in-
herit
'Zi\ A« rrirards the inheritance like a bamboo; it is the nature of
ihit tree to have sons and grandsons (shoots) springing op from the
roots; these ha\e their inheritance firom the tree (dnring life,) end
when the term t>f its life is run, it bears seed, from which also treat
ppring Like this, are the children of one mother by a irsi and s^
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264
coiid husband, and the children of one father by a first and second
wife ; amongst them the inheritance 18 like a bamboo.
3d. As regards the inheritance like a plantain tree; it is the^'na^
ture of the plantain that from its roots only do children and rrand^
children spring ; besides this, from the flowers fruit npringSi but it
does not re-prociiice* the tree. So amongst children of the same pa-^
rents, some, like the fruit, are not entitled to inherit, and some, like
the shoots from the root, are so.
4th. As regards the inheritance like a reed ; it is the feature of the
reed that from the roots only, at proper seasons, shoots rov'ing; it
flowers, and then dies. As from the flowers there is no advaotage,
so amongst children of the same father and mother, thoae who are
deficient in any of their members, are like the flowers of the reed,
and not entitled to inherit ; perfect children, who have not deeerted
their parents, arc like the shoots from the root, and they only are en*
titled to inherit ; thus the inheritance is said to be like a reed.
Now in accordance with the comparisons I hare given, will I ex*
plain the meaning of every thing regarding inheritance.
*Znfi. The partition between the father and son, on the death of the
mother.
Oh oxrellcnt km;;! the two modes of partition between the father
aiiiJ son on the drath of the mother, are as follows :— Let the eldest
son have one ninir slave, one pair of gcHxI buflaloes, one pair of oten,
one foreign and one Burman goat, with one payt of arable land ; with
the exception of these things, let the father and younger children
have ail tlic property, animate and inanimate. If there be no slaves,
the price of ime male slave shall be ten tickals of siWer ; of a buffalo,
five tickals; a bullock, two and a half tickals; of a goat, one and a
«)uartrr tirkals ; of the land, twenty tickals. If the father has not any
of these thing's, let him pay his eldest son in money according to the
abovr rat<>. Rut if he has no property, it is not contended that he
shall give tlii« ; only if he has property, animate or inanimate, such
as three or four diaves, ten buflaloes, tenoaen, goats in the same pro*
portion, and twenty-five pays of land, let the eldest son receive as
was at hrtt said.^ If there be slaves, let him have one Of them; if
there l»e no ^(>at<<, let them be excepted ; no fields, let them be excep*
ted If tlirre he none of the things, but much silver and grain, let
him ha\e all that was at first said, at the prices laid down. If there
be nothing hut land, he shall have only fields; he shall have no right
to claim more. Tins is the law of inheritance when the father doev
aot marry again
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265
In tho sainr ca«;e of thr mothor dying, I will relate aiiollicr ntaii-
nor of partition. Ifaftor tho death of the mother, the father inarrios
a^ain, lot him take his riding elephant, riding horse, clothes and or-
iiamentM, his <«\vor(], hotel apparatus, and gohlet, with the slave who
rarriea his wator jrotrlfi and betel; and let him give to the eldest son
what has been laid down above, according to his means. Let the
eldest !<on also have all that personally belonged to his mother, her
clothes, and ornainonts; and having divided the remaining goods into
four |>arts, lot tho father have three parts, and the house. If the son
\*e too youncT to soparato from his parents, but remains with his fa-
ihor and sto|Hinotlior, lot the property be divided before witnesses,
and taken caro of soparately ; and if the father dies without issue by
the *orond wife, lot the son have all that was first divided, animate
and maiiiinnto, viz., olophant, horse, slaves, clothes, and ornaments.
The romaindor shnll bo divided into four parts, and let the step-mo-
ther have one ; let her retain ttie property she brought with her origi-
ually at lior marriaf^c ; it shall not bo divided. Let the house be val-
tied, aiul tho stop-mother have one fourth of the value, and the son
have the hou.so ; let tho father's debts also be divided, and the step-
mother pay one fourth o( them. This is when the property is that of
fithor and mother ori^rinally.
M. Thf part it ion htttrrfn the father and daughter^ on the death of
the mother.
Oh oxrclloiit k\urr\ tho tw(» laws for the partition of the inheritanco
iM-twren tlio father and daus^hter on the death of the mother, are these :
l^M the litli'^r have Ins riiling olophant and horse* his goblet, the
• lavo who rarnos luh water and hotel, hi.^ sword, hotel apparatus,
clothe^, and ornarnent;^. Lot the daughter ha\e all her mother's or-
nanirrit", rl«»ili('s, aiiii the ^Ia\e who c<x)ked hor rice ; and having di-
%MleiJ the ro.HKJuo into tour shares, let the daughter have one and tin*
father three ; this 15 when the father does not marry again If from
i>rr< sMtv hr ii>e ihi* prop<rty for subsistence, let him have a right to
do VK if the partition l»e made after the father has married a M^cond
tinM'. lot tin* projurtv :^•^ laid down above ho divided into four shares ;
let the «hii;jhier lia\«' '»fie niu\ the father three: let the daughter have
)»er motlii t'> rlo())«»,, orujnu nts, and female slave ; lot the father have
th#» hoij««<\ and h t witn«'^s«'s bo railed to the daughter's |>ortion : and
if she Ih too youn;; to separate from h(*r father ana mother-in-law, and
the f&ther <iM > u title .^lie i^ livuig vnth thoui, let the partition as o^-
t»hli*h«Mi he ront'inned, and let the father's portion be divided into
ioMT »hares, and of these let the daughter have three, and the step-
niofh' r one . and having valued the house, let the 8tef>Hiiother ha\e
one fourth of the price, and let the house go to the danghter ; the
Mrp-nioiher ought not to have it, because she is only wife of the de-
c#a»od but the daughter ought to have it, inasmuch as the properlv
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266
beloiirretl to Ixuh her father and mother. Of the father's clothes, let
the !ile|vnH»iher have one half. Why is this? — because the wife owns
the hnshantrs property ; tliis is the law when there is no issue by the
second marriage. The debts are to be divided and paid aa stated
aU)ve. Neither the debts nor the property of the step-mother are to
be divided. These are the two laws regarding the partition of pro-
perty between a father and daughter.
itk. The partition between the mother and daughter^ on the death of
the father.
Oil excellent king! when a father dies, there are two lawa for the
partition of the property between the mother and daughter, which arc
these : I^t the daughter have one female slave, two milch cows, two
milch ^oats, one young male and female bufialo, one pay of grain land,
and all the sted, vetches, paddy, corn, barley, sat, mayau, and sesa-
inum. Let the mother and younger daughters take all the residue of
the pro))erty, animate and inanimate. The price of a female slave is
eexvu tickals of :}ilve<' and a half; a cow and calf, three tickals each ;
the goal and kid, one and a half tickals each ; the male buffalo, five
iickaN: the female, two and a half; the pay of land, twenty tickals ;
and all the seed gram, two and a half tickals of silver. If none of
thf thnii;«< flow riH'iitioned, and of which the price has been fixed, are
in |H»vHPj*v|(>ii, if only gold and silver and other property is left, let
the [)nro now laid dt»wn be paid to the eldest daughter instead. If
tht^rr !»♦• not the lull number ot ten cows or goats, and there be ten
butfaloes. thf last only shall be divided; let the others that do not
amount to thl^ nuint>er be le(\ out of the partition. A division shall
«»nlv be made when there are three or four female slaves, ten butfa-
li»c^, row*., and ;:oais, and twenty-five pays of land ; (his is when the,
mother shall not take a sectmd husband. If the mother ha» consumed
the whole for nerensary subsistence, let her have the right to do so.
If the partition he made aAer the mother has taken another husband,
It t all the father's clothes and ornaments be divided into four portions,
three of u Inch the mother and younger daughters shall take, and let
the fourth Im- given to the eldest daughter ; let the mother have the
hoii>e The property, animate and inanimate, given to tlie eldest
daughter, .••hail he noted In'fore Wltne5.•^^s, and (they) shall take care
of It ; and it' the mother dies, let the eldest daughter have the propter-
ly aU.^e aMotn-d to her. l^t the property brought by the mt>ther Ixr
divided into tour lot?*; let the step-father have one, and the eldest
daughter and relations (brothers and sisters) three. The profterty
brought hy the ste|>-father and hia debts shall not be divided. The
house shall Im* laliied. and the price divided intt» (our parts, of which
let the fte(>-father hare one, and let the house goto the eldest daugln
trf, becau»e it i« the property of her parents.
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•267
o(li ihr partition bitirtcn the mother and sum on the deaih of thr
father.
< )li CKcclk'iit kini; ! wlu ii the father haii died, the two laws for the
p.irtitioti ofthf iiiheritaiifc between the mother and the sons are 'these :
\sv\ the cldcr4t soil have the riding horse, elephant, goblet, betel a|i-
|iaraliis, .^word, clothes, and ornaiiienls, and of the slaves, the betel
c'arruT and two watt r carriers; and let the mother have her clothes
and ornaments, goblet, l>etel apparatus, and all the female slaves.
Lot the residue* bo dixidod into four parts, of which let the eldest son
havo one, and tlio mothor and yoiiii|;^er children three. This is the
Uw wluMi the inothor does not marry again. If the mother uses the
proporty lor necessary subsistence, let her have the right to do so.
If the inothor takes another husband, the portion of the eldest son,
animate and inanimate, shall be noted before witnesses, and taken
care of: and if ho be too young to separate from his parents, and the
mother dio>, lot him have all that has been apportioned to him above,
and having divided the portitm of the mother into four parts, let the
•ii'lMfailior lia\o one part, and the eldest son three. The original
pro(>or(\ and the debts of the step-father shall not be ditided, but of
the mother s oriJ^Mnal debts lot the slojvfather pay one fourth; ha\ing
valued the bouse, let the stejvfather have one fourth. Why is this'
— iM'caure It was the bouse of the son's parents.
♦i//# The fHtrtiiiifn, after the rlraih of a ptnon who has iaktn a se^
nHiti irift, fnfireni her, her children, rilations, and the son of the
fffffd'^ifl htf his fif^f irifr
( )h excellent kini,'' when a father has no ifisiic by his .necond wife,
.«iid tbe> iuAh die. leamii; a s«)ii of the father by a former marriage,
iboH*' are the t\v«» law** of partition l>etween this S4ui ami the relatious
«>f bi>* «te|>-iiiotbor Let hiin have all the property, animate ami in-
aiiiuiaie. ol lii^ lailier and f«te|>-inothor. If her parents have died,
and tbfir {»ro|(ertv undivided is in her hands, let the son of ber bus-
iiaiid b:t\<' one ball, and ber relations the other, liecause it is the in-
beritanee ot bin >>ie|>-iiio(hor, and Within his reach* In another
ra-c . it ilir ^t» |»-iiiMilu r sliall t\\v first, and the father afterwards, let
ili« <>4>ii ba\e all that portiofi of the Htr|>-mother's inheritance that
b;id ixtu di\idcd, and r(»tne into his father's pot^sessioii, as it belong-
f (j to lii*> father. I.(M that portion which had not C4>ine into imis^o?*-
fion be diuded into three shares, and let the son have two, and the
r« latKMi** of tb(* step-inotber one, and let them pay the debts in the
fkiine proportion ; llii> is when the inheritance is within reach. If ho
dijr«i not obtain any of the pro|M»rty, he shall pay Done of tbe debts
Thi« tli«- «a;;e recluse, lord Menoo, has said.
• riuit I. he ti(«^ifK b«.( •■•u h«Mr II % tM di««iW<J
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268
7/A. The lair of partition between the sons of a first and second
marriage.
The two laws of inheritance as regards ihe sons of one father by a
first and Hecond wife are these : Let the son of the first murriage have
all the faiiier'.^ original property, and let the son of the second have
all that his mother brought with her; let the property acquired sub-
!«equently to the marriage with the second wife be divided into three
hhares ; let her son have two, and the son of the first marriage one
share, and let them pay the debts in the same proportion. In another
cane ; if the father had property at the time of his marriage, and the
second wife none, and if none has been acquired during their mar-
riage, lot the pr(»perty be divided into four shares; let the son of the
tirst niarriage have three, and the son of the second one share. If
the father had no property, and the second wife had, let the son of
the fir?*t marriage have one share, and the son of the second three,
in another manner; let the property originally possessed be divided
into three sJiares ; let the son of the first marriage have two, and the
son of the second one share : and of the property acquired during the
lajit marriage, let the son of the first have one, and the son of the se-
cond two shares, and let them pay the debts in the same proportion
s/// Ihltrfcn (he strp-fathtr (tnd his step^sons.
I will iinw lav down the law as regards the partition of property
beiwern a >i( p-latln r and lii^ Plep-son. If the step-son be living with
hi-, ^iri^-fatlur. at the time of his mother's death, let her property be
dividiMJ into four shares, and let the husband have one. If during
th«' iiiuo uf her coverture with the second husband, she shall have in-
h' ritrd thr property ni her parents, let the husband have half of it,
thoiiLih she lias no children by him, as the husband has a right to the
uife > pmpcrtv; and let the stejvson have the other half; and though
the iin.ilirr iiilieriK d her father's property during her C4)verture with
ihr *t< jy-lathrr. hr has no right to the grandson's share; let his step-
son tia\e It Lit thrm hear the debts in the same proportions; and
of the properly nc<|iiired during the coverture of his mother, let the
^lep-^oii ha\e one sixth ^hare. This Menoo, the lord hermit, hath
^lid
\Uh Thf partition between the three kinds of sons,
I will nou state the law of partition between the three kinds of
^»n* . l-t. tlii son of the husband by a former marriage; 2nd, the mm
of the Hifr l>v a former marriage; SIrd, the child of this pair. On
the death of the parents, let the son of the mother have the property
•h^ brought v^\0\ her as her portion, the son of the father what he
pcw94^s.<%ed at the time of marriage, aod the soa ofboih what had been
acquired during their marriage, and let them pay the debu in the
^ame way Should they hare had no property at tbe time of marriage.
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869
only what hat been acquired afterwards, let it be divided into fite
shares, and let the son of ihe last marriage have three, and the others
one phare e.ich ; let thcin pay the debts incurred during the last mar-
rikge in the same proportions. In case there should be no property
acquired during the last marriage, only what was brought by both at
the time of m&rrini;e, let the son of the last marriaffe have one fourth
share, nnd let him pay one fourth of the debts. If the father had no
property at the time of his second marriage, but the mother had, and
there he none acquired durin^r this marriage, let it be divided into
five shires, and let the son of the party who brought the property (the
mother.) have three shares, and the other two one share each, and let
them pay the debts in the same proportions. Thus the recluse said.
10/A. Tht partition, on the death of ike wife, between the Mtep^atker
and the three kinds of sons.
If a man and woman, having each children, shall marry and have a
common family, the two laws for the partition of the property between
the man nnd the children, on the death of the woman, are these : let
the orififinnl property of the deceased mother be divided into (bur
shares ; let the step-fnther have one and the son of the deceased three
shares. If there have been any property acquired during the second
marriage, let it he divided iuto eij^ht shares; let the father have five,
the »oii (if the l.iht innrria};e two, and the sons bv the former marriages
one shnrr. If tlie father dies first and the rnotner afterwards, tbouffh
the father may have had no property, let the mother's property be di->
vided into five shares, of which let her son have three ; let the remain-
ing two Aharr<( he divided into three; of these let the son of the father
have one, an«l the son of the last marriage the other two. Should the
mother die first and the father afterwards, let the same relative pro
portions be observed.
1 1/A Tht lair that onr-fourth if to be divided amongst ike children,
on the >nn'5 Hrmandin^ his inheritance from his mother, on the fa^
thtr' s fit at i.
In ro!«e nf tfte fnthcr's death and the sons demanding their inheri-
tance t'mm the m<»ther, the two laws for the partition of one-fourth
share arnon^>it the reUtit^ns; let the eldest son have the father's ele-
phant. h')r«e, rloihe^, ornaments, lietel aparattis, sword and goglet,
and let the rf'*^id(ie r>f the property at the mt^ther's death be divided
am< n;:«t the rel.it i<nff, (to broihers and sisters of the eldest sooT) it
m«i«t uui he divided till her dea*h.*
\'2th The law prf%cribin(r trhtn one fourth is or is not to be divided
(unong>t the (hildrtn, on the daughter's demanding her inheritance,
on the diuth of the mother.
In case of the mother's death and the daoffhters' demanding their
uiberuajice of their father, the same rule holds m ihote laid dowg.
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270
13/A. Both father and met her hamng died, leaving emlif daughter %•
the law of partition amongst them.
In case of the death of both father and mother, and there be onlj
female children, let the eldest daughter have all the mother's clothed
and ornaments, and let the father's clothes and til oChar property,
animate and inanimate, be divided into twenty shares, of which let
the eldest daughter take one ; then let the residue be again divided
into twenty, and l*n the scctmd dau(;hter have one share; let the re-
sidue be for the third time divided into twenty, and each of the other
children have one share; and let the residue aAer this be equally di-
vided amongst all. It has also been said by my lord hermit, that the
division (into twenty) shcnild be repeated seven times, and then the
equal diviftion made; but a portion of the property must be first set
aside for religious purposes on the parents' account.
1 4/ A. Both father and mother difing and leaving Mi/jf soiu, the law
of partition amongst them.
In case of the death of both father and mother, and their leaving
only sons : Ai\cr the eldest son has taken the clothes and ornaments
of the fattier, let all the residue of the property, animate and inani-
mate, with the mother's clothes and ornaments, be divided into ten
parm, and let the oU est son have one; let the residue be again divi-
ded into ten, and let the second son have one share; let the remain-
dvr \h' atMiu divided into ten, and let the other children each have a
>hare . and Ut tlio rest be divided equally amongst all. In this case
also. It has Urn laid down that the divisicm into ten shall be repeated
wen time«i, mid here also some must be set apart for religious of*
t'tTIIIff^.
If the father and mother Inuh die, leaving male and female children,
Irt the ( ld«> t .«oii have the clittheti and ornaments of the father, and the
eldo^t dauu'litcr tiie clothes and ornaments of the mother ; the residue
of the )»r«>|>«rty, aiiiiiiatc and inanimate, shall be divided into fi(\een
«har««. and let each take (me according to age; having added them
toircthcr and divided them three times, let the residue then be divi-
ded ♦•(ju.jlly. In till*' ci.se al.so, seven divisions have been ordered
prior to \Uv r(]unl distnhiition of the residue. Here als*) a portion
mu*t l«e n anidt* tor reli(;ious oflcrings.
\.'tth llir fffL^t chad hnritti^ died before the parent i, the latt of pet r-
tit ion f.itirrci Ai\ rhiid, and thr unrhy and aunt < by the father or
mnthtr' < .<nif
It the rldt'^t toil dies before his father and mother, the law o( iii-
hcniancf* Im'(w«-(mi Iiih i»oii and his aon'ii uncles and aunts, is tln^
Berau^ in vv^v of the death of father and mother, the eldesc son* in
A •••Ou, tSc r\'^r'»^ v>.^ ol « mMTUf* |wt>ptHT e«t«brftlH, tiii li, wtflh llM
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271
called father, let his bod, tnd his (the eldest son's) younger brothers^
share alike.
Should the eldest daughter die before the father and mother, this
is the Uw for the partition of the inherit snce between her dsuf^hter
and her daughter';* uncles and aunts : That the dsughter of the eldest
daufrhter, and her (the eldest daughter's) younger sisters, shall share
alike, becau!«c the eldest daughter, when grown up, stands in the
place of a mother.
In case of the death of the younger children occurring before the
parents, the law for the partition of the inheritance between their
children and the (co-heirs) relations of their parents is this: The
children of the deceased have one fourth of the share which would
have come to their pareuts.
16/A. After the (hath of the parents^ and before the partition of the
property^ the »ons and daughters ePtitUd to a portion having also
died, the law of partition between the sons and dayghters'im^uw.
If after the death of the parents, and before the partition of the
property, a m>n, entitled to a share in the inheritance, shall die, the
Uvr for partition l>otween the dauj;hter-\n-law and her children is this :
Because 9ho ^^7^^ in reach of a portion, (that is, was alive at the death
of hi9 parent?*,) let them have the full share of the deccosed's proper-
ty : l>e he e!(le*t or younger, be it his wife or his child, they are en-
titled to hi^ full Kh.ire : a;* their father died aHer the death of his pa-
rtrntji who UTi the estate, his children are entitled to inherit. If after
thr (ieitli of her parents, the daughter shall die, the law of partition
that applie!* to her hti>band and children is thiv : The deceased dau^h-
ter ha\i:n^ <)ietl after her parents, is wiiliin reach of a share; her hus-
bind an<i children are entitled to that share; let them have what the
bad a right to, and let them pay a proportionate share of the debts.
17/A Afttr the death of the parents^ if the sons or daughters die, the
law for the partition of their property between their relaiioms.
If after the Heath of the parents, and before the division of the pro-
perty leH, an unmarried child shall die, the law for the partition of
the deceased chihrn effects amongst the relations (brothers and sis-
ters) 19, that they shall share in equal propcrtions.
\*Uh. After the death of the parent s, when the property is dioided
amongst the children, and they are living separaiiiy, the law that
it shall not ascend.
When aAer the death of the parents each of the ckiklreQ is estab-
lished in his own bouse, the law that the property ahall not ascend la
ca3^i 9dcg5o3os(^sco8gcx)oto§ojg8iooScl^€DSo4?4' ^^
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272
this: If after the heirs have received their ffhares, and established
themselres separately, one shall die without leaving direct heirs, i. e.
wife or husband, 9on or daughter, let the property not ascend to the
elder brothers or sisters; let the younger brothers and sisters only of
the deceased share it. This is what is meant by not allowing the
property to ascend.
1 9tk. Though t| i.< said the property shali not ascend, the law when
it shali do so.
Though this is the law, why is it also said, " the father and mother
of the deceased have a right to his property **? — because if the pa-
tents be alive, and the deceased has no other relations, they shall in-
herit his property, as, by way of illustration, the offerings intended
to be made to the priests may be offered to God. If the deceased
h«fl no father, mother, sons, daughters, or relations^ (brothers and sis-
ters,) the law by which the grandfather and mother inherit is this:
If there be none of the above-named heirs, six (degrees of) relatives
of the hnshatid and six of the wife are laid down as heirs; but if the
own grandfather and grandmother are alive, they shall inherit before
these six relatives. I will make a comparison: as the water of the
main oreaii receives the waters of the five hundred smaller rirers
which hive tlov. cd into the five large ones, the grandfather and grand-
mother ha\e a ri^ht to the property.*
20rA. IVir prnnrffathtr haring died, the grandmother takes another
hushnnd and dlrs without issue, the law for partition of tlU arigi-
nal prnprrty of the grandmother beitceen her grandchildren and the
strp'grand father .
If the (fraiMlfather l»e dead, and the grandmother has taken a se-
cond hu«})and, und died uiihoyt issue, the law of partition as regards
thr ^te|>-:Tr;indfather and the grandchildren of the deceased is this :
If the i;r«t(ichnnther dies whilst she, her grandchildren, and husband
are livint! together, it she has any property which was originally her
own, let her rhildren, if she has any, inherit three fourths of it, (and
ihr step irrand-father one ftiiirlh ;) if she has only grand-children, let
them have one half an<l the siq) grand-father the other. Why isthist
— b<-call^e the grand-Hon is the point, and the son the root; let the
debtA l>e paid in the same pro{)ortion. If there be any property ac-
quired since the marriage, let it be divided into eight shares, of which
let the grand^unB ha\e one.
^If/. Partition bttween the children of a step-grandfaikir, amd ike
children of a metrriage as abavt.
If the grandfather dies, aad the grtndmotlier, mvryifif tgaio, Imt
ul e^Sig gorB legi same ^c^ asc^tul cco33^i ^S OQi ^SSoDiBfgeo
se^tceiegtos o^oa^i) Ec^c^^sf cot Odcx>c5o3^)g gools
co3EQ3gotu§cg£iccot^^^ic^tf>eotc^u^icr>^a»^tcoQii
£03»i c^Sg gos^iy^ir^ co^n ^^c^gSi ec^Ecicaoo i^cooSgli
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273
iren, the law for the partition of the iaheritiAce, on tor detth,
een the step-grandfather, the children of that marriage, and th«
dchildren of the deceased, is this : If the original propertr of iM
dmother hat been kept undivided^ and she had it all with her,
her grandson living with her, and if his father aad mother bfe? ^
ived no share afler the marriaffe of hii grmdmother with hia step*
dfather, he shall not demand the share of his parents. One fourth
I the grandmother's property shall go lo llie «l€p-grtiiMllMMr ; let
remaiRder be divided into five shares, and let thi graodehild Chit
with her have three, and the children by the step-grandfather tiro
es ; and if there be debts, let them pay them in the same |Mpor-
Why is this ? — beeeuse the property has aot been di? mM, btti
es down to them entire, as it was with the grtndmolher. If diere
Ay property acquired during the marriage, let il be difided Into
t shares, and let the grandchild hare one share, aad pey Ins pro*
innate share of the debts incurred in the same time. If the grand-
brought any property of his parents, direct and separately, the
rdfathcr and his children shall hare no share in that. If liie
does not live nith his grandmother, and ahe had no proper-
r her own, he shall not inherit; only the children born to tfce
-grandfather shall inherit. If the grandson comes and lives with
[^andmother, aAer her death he shall hare three fserths of Ae
»erty of hin own grandfather, and the siep^grandfalber one fourth ;
of the grandmother's own original property, let him (the graad-
kave only one fourth. If he does not lire with his graodftiocher,
hall not share. Why is this? — because he did not agree with
Let the law he the same with the grandchildren living with a
idfather, tmd the children and grandchildren of a step-graddlh*
This the lord liermit said.
/. When, durinrr the lifrtimr of the parents, the eldest children,
iUumt their having been given to them by the parents, shall have
\ken fields, plantations, gardens, silver, slaves, amwude or laoili-
aie pn^pertif, and established ihetnsHves separately, the law as to
hat portion of sueh property then in mse by them shall, en the
>aih of the parents, be diridal atmmgst the rtkdiam (brtihen and
siers.)
, during the lifetime of the parents, the grown-up children, having
a shure, and living separately from the parents, shall take, wilb-
ipecial gxti of the parents, lands, money, slares, animate oT intnt-
I property, the laws whether this property shall cw shall not N
Jed amongst the heirs at the death of the parents, are twd. If
eldest son or daughter hu taken one half of tlie whole prc^i^tf
heir parentn, or one third, this is their own proper share. Why
lu? — because the eldest son is in the place of the bther, and the
St daughter in the place of the molher ; for thii reiinn, they af%
9o
J a?
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274
their separAe property. But if the eldest son or daughter shill die,
the wife or husband of the deceased shall divide one half the proper-
ty (so separated) with the relations (brothers and sisters of the de-
ceased,) if they demand it. If they leave only children, they shall
be entitled to the same share.
2^. The younger children under the same eireumiianeis.
If the sccoud son or daughter, or younger children, during the life
of the parents, shall have taken, without any formal gift from the pa-
rents, land, fields, money, slaves, or any property, animate or iaani-
mate, property to the extent of one third or one half, one half of this,
on the death of the parents, shall be their theng-thee ; the other half
they must restore to be divided amongst the brothers and sisters.
It is also directed in another manner; if the younger children shall
have taken one tenth of the property of their parents, thb, at their
death, i<Uh\\ become theng-th^e, and the residue shall be divided
amongst the heirs, male and female, as above laid down.
24th. The elder and younger children, henrin^ taken the property of
thrir parents, lire together apart, the law Jar the partition ef this
proprrtif.
If the whole of the property shall have been taken during the life
of the parents by the eldest or second son or daughter, it shall not be
thcng-thee ; at the death of the parents let the brothers and sisters
have a share ; only a small portion shall be theng-thee. Thus the
rotal hermit said.
2.%/A. Thf latr for partition of the property between an adopted son,
and the relations of the adopting father and mother.
The two laws for the partition of the property between an adopted
ehUd and the own children of the adopting father and rooUier are '
If their own children arc living separately, and the adopted child with
the parents, and they shall both die, one sixth of all their property,
animate and inanimate, shall be given to the adopted child, and hve
sixths to the true children. If the adopted child be not lifing with
the parents, and their own children are, he shall have no right to
share ; let him have only what he has receiied in gift Why is this?
— because he was ungrateftil. The law for partition hetwe«a iht
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^
•75
adopte^l child and the relatives of the adopting parents is this: II
the adopted child shall be living with the adopting parents at the time
of their death, let him share equally with the relations (brothers and
sisters) of the deceased. If the adopted son shall hsfo reoeited a
portioa, and ihall be living separate^ ht shall have no share ; the pro-
pertj shall descend to the relatives of the deceased. Thodgh it is
said, let the relatives inherit, jet if the deceased roan and hia wife
had separate property at the time of marriage, and property conjoint*
Ij acquired during marriage, the survivor is the heir, and the rela-
tivti of such survivor shall not inherit until his or her death; they
sImiH pay the debts according to their share. If the rdatioas of both
■Wl combine at the funeral ohsequiet, let them share alike. In
another case ; when the adopted child is not a stranger, but within
the fix degrees (of kindred) which entitle him to a share, if there be
no children of the adopting parents, let him have an equal share with
the relations, even although he lived apart. This the lord hermit
said.
VUk. If a husband and y^ife, karing childnm of their oint, $hM pub'
tkiy tmd n^tttritmsly adapi and brimg mp lie ekild •/* mm^iker, ikt
imm by which such childreM shall or ihall noi mherii sn I Ac dtaih rf
th€ ynrent$.
If a man ban children by his wife, and shall pabticly state his in*
leotioQ of adopting the child of another person, and shall take and
support the cluld openly, the two laws for the partition of the proper-
ty are these : If the child, being a notoriously adopted child, shall
not live with the parents who adopted him, but shall publicly return
m the age of puberty and live with his own parents, or shall marry
and live separately, he shall hare no share in the property of the p»>
who adopted him ; let him only have whet may already lute
into his possession. In case the adopled child shall live with
lue adopting pareot^s, and they shall die, let him share as eldest, se-
cood, or younger, according to the true children of the deceased. If
it be of the same age as the eldest child of the adopting parents, or
as the second, or younger, it shall share equally with them. Why is
this^ — because a child so publicly and notorioasly adopted shall not
return and share in the inheritance left by his own parents.
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276
27/ A. The law of paititian bttwecn such publicly adopted children,
and the relations of the father and mother, what shaU, and what
shall not be divided.
The two laws regarding the partition of the property between a
child 9o publicly adopted, and the relations of the parents: If there
b(* no descendants from either, sons, grandsons, great grindsons, or
great great grandsons, none of the four heirs, the adopted child shall
at the death of the parents inherit all their property ; the relations of
the deceased shall ha've no share. Why is this? — because the adopt-
ed child has no share in the property of his own parents. If the de>
ceased parents had any property of their parents which had not come
into their possession, let the adopted child and the relations share this
equally, and pay the debts in the same proportion. This the lord
hermit said.
2H/A. The parents, sons, daughters, sons and daugkter$'in4aw, iining
together, a husband or wife dies, the law for the partition between
the son or daughter, son or daughter-in-law, and the father and wuh
ther, or father and mother-in-law, what shall, and what shall not be
divided.
Ill case the parents and their children, sons and daughters-in-law^
are living together, if a son or daughter dies, the two laws by which
their property is shared by the son or daughter-in-law, (relict of de-
ccaM^d,) and the father and mother-in-law, are these: If the daugh-
ter dies before hhc has any family, let the son-in-law have all thepro-
|>erty, animate and inanimate, which was given to him at the time of
marriage ; let him also have all her |)ersonal chattels, and all property
actually in i><)«i«<srion ; the parents of the deceased shall have no
rharc in these ; nor shall the son-in-law, though he demand the wife's
inheritance of her parents, have any right to obtain it. Betides this,
he ^hall not recover any of his wife's property actually in the posses-
sion or keeping of her parents; they shall retain it. Rut if it has
been placed in their charge after the marriage, the parents and son.
in-law shall share it equally between them ; this is said when the
(young eouple) have no family. If there be any chikiren, ibey shall
inherit the property lef\ by their grand parents. Thus the lord re-
cluse said.
Ill an«>ther case; if the woman shall lire with her husband in his
parrntn' house, and the husband shall die, let the law be the same
»•> alM>ve, that is to say, if there be do children born to tbtn. If
rhrre be any children, let them ioberil the grand pareots* property.
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277
*20th. Parents having gwcn thtir children a suficieney^ onf son with
tthom the parents are livinff, dies without issue^ thi law of partition
between the parents and widow of the deceased.
If a(\cr the parents have s^et their children up separately, one of
the tons with whom the parents are living, shall die, leafing no chil-
dren by his wife, the law by which the property is divided between
the dau^htcr-iii-law and her father and mother-in-law, is this: If after
the children have been set up separately, the parents shall liYe witb
one of them, and the son ot daughter with whom they are residing
dies, leavini' no issue, let all the property of the wife or husband of
the deceased he divided into four parts, and let the parents of the de*
ceased have one part, and the son or daughter-in-law three. In case
there be children, let the property be divided into three shares, of
which let the iiioiher or father-in-law hare one, the daughter or son-
in-law one, and the children one. Thus Menoo the lord hermit said.
liOth. A dau^httr and son-in-law living separcUeltf in a house of their
own, the fhtuffhtrr n turns to the house of her parents, and there
dies, the law for the partition of htr property.
A daiijrhtrr and ^on-in-law have gone to live away from their pa-
rrnt«* in a i^cparato hon?e, but the daughter returns to her parents'
hou!»<», and ihero die;*, the law for the partition of her property be-
tween the son-in-law and his father and mother-in-law in such a case
IS thi^ : If any man and wife, whilst dwelling in a S3paraie house
(from their parrntf^,) shall have property that came from the husband's
parents, from the wife's parents, and property acquired during their
marriage, and the wife, returning to the house of her parents, shall
there die, let her parents have half of the property that came with the
deceased, and that acquired during the time that she lived with her
husband, and let the son-in-law have the other half, as well as all the
property he brought with him, and his wife's personal chattels and
wedding presents. If the deceased had no property at marriage, but
ill the property was that of the son-in-law, let his father and mother-
ID-law have only one half of the property their daughter brought with
her to iheir house ; they shall have no share of property so brought.
Should the have children, if what she took with her to her parents'
house he expended, let it be so, but if not, her relations shall have
«o share in it ; on the death of their grandfather and grandmother,
let it go to her children If she has no children, the son*in-law shall
not claim this properly as his wife's; her relations only shall share it.
and let them pay a proportionate share of the debts. Thus the sage
recluse said.
In case the son and daughter«in-law^ having aeparated frcNB their
parents, live in a liouse of their own, and the aon ■hall retam and die
in the house of his parents, the law for the partttion of bit pmperty
J<lo
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«78
it this : If ibe party li? iog separately has both brought property u,
marriage, aod has acquired property since, and the son returns and
difis in the house of his parents, let them hare all his original proper*
ty, and one half of that acquired aiVer marria^; let the daughter-in-
law have the other half, and all her own original property and per-
•onal chattels that have come into her possession. If the deceased
had no original property, and the daughter4n-law had, let her father
mad mother-in-law only have one half Uie property their son may have
brought into the house with him, but of other property they shaH
have no share. Should he have children, if the property be took
with him to his parents' house be expended, let it be so ; but if nol,
bis relatives shall have no share at the death of their grandfather and
grandmother ; his children shall have the whole. If tie had no chil-
dren, the daughter-in-law shall have no right to claim it as her hna*
band's property ; only his relations shall inherit, and pay a propor-
tionate share of the debts. Thus the lord hermit said.
9\st. A daughter dies in the house of her parents ; the §§n in Imm hop*
ing taken a second wife^ goes to her plate of resideMCtf-^he Umfor
ike partition of the property between him and kisfaikorHn Imm.
The law for the partition of the property between a son-in-law and bis
father and mother-in-law, when their daughter dies in the boose of
her parents, and the son-in-law removes to the place of abode of a se-
cond wife, is this : Parents having given a daughter in roarriage to a
too-in-law who resides in the house with them, if their daogbter dies
without isfluc, and ihe son-in-law takes a second wife, and gtwe to her
bouse to dwell, or dwells separately, the late fatber-in4aw shall retain
the undelivered part of his daughter's inheritance ; the KNi-in-law
shall have no claim on it. At the death of the father-in-law, because
(his wife) was n<H in reach of the inheritance, he shall stid have no
claim. He has a right to any property that the parents, with hie
knowledge, in the presence of witnesses^ mav have borrowed tor a
time from their daughter, and the parents shall not share with hia
the property possessed at marriage by the daughter. Why is this f—
because it has already been divided and disposed oC Tkin be wokL
32iu^. Parents having given their ehildren in marritige,
parate residence, they both shall ike, the law for the
their property between the parents of both.
When the parents on both sides have given their eon and daagbtel
in marriage, and they dwelling apatt from tbeir parents shall both die
the law by which the partition of their property is made between the
parenu of both, is this : If any husband and wilb» Ihinf in a sepersis
dwelling, ahall both die wkhootissoe, let theperealsof the wift hins
ne
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279
what &he brought with her at marriage; let the parents of the hus-
band have what he brought with him originally, and let the property
acquired during the marriage be divided equally between both. If
they had no property originally, let the parents divide equally what
they have acquired. If the wife had no original property, and the
husband had, let it be divided into three shares, and let his parents
have two, and the wife's parents one. If the husband had no origi-
nal property, and the wife had, let it be divided into three shares,
and let the parents of the wife have two, and of the husband one. If
xht* wiff^ dies tirst, and the husband afler her, let the parents of the
one who died first have one, and of the person who died last two
shares, an^ pay the debts in the same proportion.
t{3rr/. 7'he Itnr for the partition of the property between sons separate^
ly and tmlt/, fjramlsuns sepcwatelif and onl^f, and great grandsons
separtitrlif and only.
The law for the partition of inheritance by sons between them-
selves, grnnd.^ons between themselves, and great grandsons between
themM'lvos, is this: If the inheritance of the great grandfather hat
nut been divided by the grandfather, according to the legal shares,
the fathers may divide it ; if it be not divided amongst them, the sods
may di\ide it among themselves; if it be not divided amongst them,
the grandsons may divide it amongst themselves; if it be not diyided
amontr^t them, the (Treat grandchildren may divide it amongst them-
•elves. If one (descended from a common great grandfather) shall
have father and grandfather alive, and another, grandsons and great
grandson!*, h t them divide the inheritance ol the great grandfather,
as they may be in reach of it, (that is, born before it was divided;)
and on this account it is that descendants of a common great grand-
father shall not receive from each other damages in compensation, as
th<'y ar<' co-heir!i. If there be a great great grandson olone descen-
d>nt, ht liim have his share; when there comes to be only great
great grandson \ the pro|>erty shall not be shared, (that is, when the
property has been undivided in the hands of one branch.)
'Mth The law of partition between five daughters and one son.
A father and mother, a(\er having five daughters, shall have one
son If any parents, aAer having had five daughters, shall by the
means of tlicir prayers have a son, let him inherit his fatbtr's clothes,
ornaments, personal slaves, house, sword, goblet, water and betel
bearer, according to his class in society, in the first instance; then
let the eldest daughter have her mother's clothes and ornaments, and
of all the remaining property, animate and inanimate, let the eldest
sister and the youngest (son) have equal shares, and lei the other sis-
ters share according to their ages in the share which blls to the sis-
ter, and pay the debts in the same proportkms. Why is this T — be-
?5 8coj8ulii;uidB5i@3j§id
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280
cAUse the moti excellent gods hate Mid, let a womai^ be a Rahandab ;
tbe is not equal to a priest in the first day of his entering the lowetl
^de of the priesthood ; on the strength of this sacred law, a male
10 the moat excellent. Thus the lord hermit said.
3Sik, Til law for providing all children 6oni in wutrri^ge wiik nf
ct$sary support ^ food and clothings and no tnare.
The eldest son of a couple given in marriage by their parents is
called auratha ; if amongst his many brothers and sisters, there shall
be one who has both the male and female organs of generation, which
are enemies, who is a male when first born, but who aAerwarda be-
comes a male in the waxing and a female in the waning of the moon,
0«ch a child shall only have his necessary clothes and food ; his or*
are irregular ; he is called an hennaphrodite.
Xik. The law of partition by which children who are mad, indeciU,
St miter en, dumb, deaf, or blind, shaU hoot their full share.
If amongst the children of a couple so given in marriage by their
parenu, one shall have severe disease, shall be unable to walk» shall
stutter, or be dumb, let the share such child is entitled to be set aside,
and let its relations support it, and at its death let the person who eo
supporu take his share ; if he be blind, or deaf, but perfect in his in-
idlect, let him have his proper share. If the eldest son be Uiad, or
deaf, let tlie younger, whose organs are perfect, take the father's place,
and have his riding horse and elephant, and do his daty (to the state,)
aad take the place of the elder. But as mad, dumb, and lame peo-
ple, and those who have disease of the eyes, may be relieved by me-
dicine, let their portion be regularly set aside for them. Thas the
lord hermit said.
TT/A. A bramin husband having a wife of the four other classes, the
law of partition at his deaih.
A (bramm) husband having four wives of the four classes, the two
laws for the partition of his property at his death are these : When a
mMU has built separate houses for his wives, eau oat of the saoM dish
with them, and makes presents to them separately, if they do not
coiBe and eat at each others' hoases, the property of one shall ftol go
to the others ; let each keep what she has, but no one shall claim the
property of the husband's parents because it was in her bouse (at hb
death. ) They are called great, or lesser whres, eeeordiag to the pri*
orny of their marriage, but it ii ooly a aaiM; let her restore the pro-
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281
pert J of xhe husband's pareiiu. If thej hue toos, let him who is
best qualified, and known to the chiefs and nobles, take his father's
place, and bear the relitife proportion of his debts. Thus the lord
hermit said.
^8ik, The law of partiiimi on ike death of a kmshand who hmd mmny
wives living in the same house, and taiing out of the tamo dish.
In case of a husband living in the same hoase with many whet,
who eat oat of the same dish, the two laws are these : If a man's firti,
9ecood, or third wife had property at marriage, or hid tnheriled any
from her parents after marriage, let each keep what they hafe, with
whatever presents they may have received (from the husband,) and'
their weddiug presents. If they shall have the same number of male
children, it is said the first married shall be the head wife; but if the
son of one of tlie others is remarkable (above his brothers,) and knowB
lo the head** of the people, the chiefs, let him take the place of his
father. If the husband shall have inherited bis parents' property aP-
ter the marriage of these wires, let chem divide it, and share aocord-
lag to their class ; if one shall claim a portion as a gifl from her hus-
band, she shall not retain it; it is the husband's property ; let them
share it, and pay the debts in relative proportions, and in this division
let the children have their mother's share (when she is dead.) Thus
the lord hermit said.
If one of the wives shall die without issue, the husband has a right
to her property ; if he shall expend the whole, he has a right Co do so
If not expended at his death, let what remains be divided amongst
the other wive^ and children according to their class, and let them
pay debts in prr>fK>rtioh Why is this?— becaim the husband inhe*
Tits from the wite, and the wife from the husband.
tK^k ("hiUiren of the saint father and mother, who by precedent have
a ri^ht to inherit.
If amon(^9t the children of a couple regularly given in marriife by
their parents, one be an hermaphrodite, or guilty of unnatural crime,
or imperfect in his organs, it has been said he shall have no inheri-
tance. It If* also said, that all children who are legitimate ahall have
their proper share In this matter I will give an instance. In the
golden time of the most excellent Para Diepengara, in the country of
Benares, s man of the wealthy class and his irife hail Ave tons and
d««i(rhier. and after this the wife bore a Make. They were
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282
uhamed to have the fact known, and concealed it in a hollow hillock,
and fed it regularly. AAer a long time, at the death of Uit man and
his wife, when the relations (children) had portioned the property in-
to six lots, and were about to divide it, the anake came, and teeing
no share for himself, upset the heaps with his tail, and reUiraed to
his former place of concealment ; they parted them off a aecood time,
and as before he came and upset them. When the king of Benares
came to know this, and that the snake was the son of the same pa-
renls, he ordered a share to be set apart for him. They then divi-
ded it into seven shares ; be came again, gathered a share with his
tAil, and having mixed it with that of his sister, returned to his old
residence, and the sister continued to supply him with food as long
as he lived. On the authority of this (decision,) all children of the
same father and mother, regularly given in marriage by their parents,
shall have an equal share, because in this example even a brute snake
had a sharf*. Thus the lord hermit said. It is also said, the wise
man ^hall consider the character of the children.
40/ A. Thf Ifjtr of partition bftwten a htad wife, a cdmeubintf and a
siave wife.
If a hu;«ban(i who has taken one head wife, one concubine, and
one slave wife, fhaii die without issue by any of them, let the hns-
hand'ti pro{>erty he divided into seven and a half shares, and let the
head wife have four shares, the free concubine three, and the slave
concubine the half share. If they have children, they shall have the
&ain«, and if ther\' l>e debts, pay them in the same proportions. Thus
flu* hermit called .Men(K> said.
Hi/. Thf law of partition bftwten iki ekildran of tki aha94.
Tbi« IS raid when they have only one child. If one have many
children, let the inheritance be divided after mature consideration.
i'2il. Thr laic (f partition be:ween the six kinds of comtulnnet,
Th« law of partition l>etwcen the six kinds of coiicubinea b this
Tlic si\ kinds of concubines are these; IsC, a female slave that came
at marriage with the wife ; 2nd, a female slave whooaiiie ai mirriage
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with the husband ; 3rd, a liave obtained from ihe parents of the wife ;
4th, a slave obtained by purchase aAer marriage ; 5th, • slate obtain*
ed from the parents of the husband afVer marriage ; 6ch, a concubine
not bought, but who eats not from the same dish. On a di? ision be-
tween these six concubines, let each keep what she has obtained bj
gif), and of which she had been put into possession during the life of
the husband. If besides these six, there be a head wife, let her have
four shares, the free concubine three* and the five slave coDCubines.
if they have daufs^hters, let them have one half of their price remitted ;
if they have sunt*, they shall be free ; they shall have no share in the
inheritance, because there is a free concubine and a head wife.
In another case ; if they be not slaves by destent, but of a free fa-
mily, and taken ai« concubines, let them have only half a share. If
they are descended of slaves, they shall have none. Why is this? —
t>ecause if their owner refuses to release them, they must coatinoe
slave*^.* If there be debts, let them pay in proportion to their re-
ceipts.
il\rd. Thr lair of partition between the six children of the above.
If the n\\ concubines have children, let them inherit as above laid
down (for their mothers.) If one of the five (who had money paid
for her) shall Rave a son, let him take the place of his father, aod in-
herit his clothes and ornaments. This the sage recluse said.
44/ A. The Imp of partition when the head wife dies Uaein^ children,
and thr husband takrs a slave to wife^ and eats out of the smmt dish
writh her, bftwtrn her children and the head wife*s, on the death of
the husband.
If a head wife dies, leaving children, at the husband's death, be
having eaten from the same dish with a female slave, the law for par-
tition of the inheritance amongft the children of the wife and sisve is
this A man takes a wife of his own class, and she dies after bearinr
a daughter ; the iiuaband lakes the slave to wife, and eais from the
same diih with her. She bears children; the husband dies, and the
slave aJ»o dies ; the law of partition of the inheritance b this : If there
be any property possessed during the first wife's lifetime, let the child
of the first marriage have the whole, and let the children of the slave
have two thirds of all the property acquired during the time their fa-
ther lived with their mother^ aod lei thm child of the tnh marrtago
hate the remaining third, and pay the debts in tko sane proportkNis.
* flU^aa br d<^rnt cmumrn buy ihttt ttmiam vlUMal tfis «BHal tT tttflr
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1
284
lu another case ; if there was no property at the tim« of marriage
with the first wife, but the property left was acquired during the time
of the slave wife, let it be divided equally between the children of
each. Why i» this ? — because as there was no property at the first
marriage, there was no property of the first mother. If the slave be
one by descent, let the children have one third share, and the chil-
dren of the head wife two, because the slave mother had eaten from
the same ditih ; he is son of both mistress and slave.
4.VA. The law of partition ttJun the husband has died, and the ipi-
dou? raised a slave to be her husband^ and eat out of the same dish,
between the childrtn of the former husband and the slave husband.
The husband having died, the wife takes a slave to be her hus-
band, and having eaten out of the same dish with him, she has a
child ; the law ot partition of the inheritance between the son of the
firac husband and of the slave husband, is the same as laid down
above.
4fiih. The husband having a son, the wife a daughitr at wusrriage,
the wife dies, and the husband marries his step^ughter, the law
of partition between the three children.
The huftband and wife each have children by a former marriage,
the wife die.**, her dnughler is taken to wife by the step-father, and
has children, the law of inheritance between the three children : —
A man having a Kon, and a woman a daughter, shall marry ; the wife
having had a child slmll die, and the husband take her daughter to
marriage, and having had a child, the husband and wife die, the law
for the partition of tho iiilirritaiice between the three children is this ;
if there be any property of the first marriage, let it b^ divided into
6ve shareii, and \vl the son of that marriage have three, the child of
the husband by the mother one, and the son of the step-daughter one
share. Whv is this ? — because he has the share of his mother, and
takes her place. If there be any of the property that came with the
rocHher of the daughter remaining, let it t)c divided into five shares, and
let theson of the dan^hter have three, the son of the father by his first
marriage one, and \\\v rnm by his second marriage one ; this is because
they are children of the same father, but diflferent mothers. The f^on
of the first marriage is by a distinctly separate mother. The son of
the step-daughter is grandson of his mother's mother, and nephew of
the said grandmother's son, though they are both sons of the same
father ; this in one reason ; and his mother and grandmother were
both wives of his father, is another reason, why his share of the pro-
perty is different (from the others.) If there be aay debts, let
them pay in proportion to their receipts. If tlitre bo property still
undivided, acquired both during Uio marriage with the aiolher and
j«5
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J
284
111 another case ; if there was no property at the time of marriage
with the first wife, but the property left was acquired during the time
of the slave wife, let it be divided equally between the children of
each. Why is this ? — because as there was no property at the first
marriage, there was no property of the first mother. If the slave be
one by descent, let the children have one third share, and the chil-
dren of the head wife two, because the slave mother had eaten from
the same dWh ; he is son of both mistress and slave.
4<VA. The law of partition tthin the husband has died, and the irt-
doit raised a slave to be her husband^ and eat out of the same dish,
between the children of the former husband and the slave husband.
The husband having died, the wife takes a slave to be her hus-
band, and having eaten out of the same dish with him, she has a
child ; the law ot partition of the inheritance between the son of the
firac husband and of the slave husband, is the same as laid down
above.
4fith. The husband having a son, the wife a demghier at wuarriage,
the wife dies, and the husband marries his stepdaughter, the law
of partition betw$en the three children.
The himband and wife each have children by a former marriage,
the wife dic.^, her daughter is takea to wife by the step-father, and
has children, the law of inheritance between the three children : —
A man havini; a ton. and a woman a daughter, shall marry ; the wife
having had a child shsll die, and the husband take her daughter to
marriage, and liaving had a child, the husband and wife die, the law
for the partition of thr iiilieritance betwuen the three children is this ;
if there be any property of the first marriage, let it b^ divided into
6ve shares, and let the son of that marriage have three, the child of
the husband by the mother one, and the son of the step-daughter one
share. Why i** this ? — because he has the share of his mother, and
takes her place. If there l>e any of the property that came with the
rDcMher of the dau^litir remaining, let it be divided into five shares, and
let theson of the daughter have three, the son of the father by his first
marriage one, and the fHui by his second marriage one ; this is because
they are children of tlie tame father, but diflferent mothers. The son
of the first marriage i^ by a distinctly separate mother. The son of
the step-daughter is grandson of his mother's mother, and nephew of
the said grandmotlier's son, though they arc both sons of the same
father ; this i4 one rea.son ; and his mother and grandmother were
Iwch wives of his father, is another reason, why his share of the pro-
perty is different (from the others.) If there be aay debts, l«t
them pay in pro{>ortion to their receipts. If there bo property still
undivided, acquired both during ihe marriage with the mother and
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281
pertj of the husbftod's pareuu. If tbejr hate toos, let him who it
best qualified, and known to the chiefs and nobles, take bb father's
place, and bear the relative proportion of bis debts. Thus the lord
hermit said.
tl8<A. Tha law ofpartiiimi on the death of a kmsband who kmd w^any
wives living in tki same houte^ and taiing out of the tame disk.
In case of a husband living in the same hoase with many wires,
who eat oat of the same dish, the two laws are these : If a man's first,
second, or third wife bad property at marriage, or bad inherited any
from her parents after marriage, let each keep what they have, with
whatever presents they may have received (from the husband,) and'
their wedding presents. If they shall have the same number of male
children, it is said the first married shall be the head wife; but if the
son of one of tlie others is remarkable (above his brothers,) and known
to the heads of the people, the chiefs, let him take the place of his
father. If the husband shall have inherited his parents' property aP>
ter the marriage of these wives, let them divide it, and share accord-
lag U) their class ; if one shall claim a portion as a gift firom her hus-
band, she shall not retain it; it is the husband's property ; let them
share it, and pay the debts in relative proportions, and in this division
let the children have their mother's share (when she is dead.) Thus
the lord hermit said.
If one of the wives shall die without issue, the htuband has a right
to her property ; if he shall expend the whole, he baa a right to do so
If not expended at his death, let what remains be divided amongst
the other wives and children according to their class, and let them
pay debm in prf>(>«)rtion Why is this! — because the husband inhe*
rim from the wife, and the wife from the husband.
:I9/A ("hildrrn of tkr * ami father and mother^ who bjf precedent have
a right to inherit.
If amonj^st the children of a couple regularly given in marriage by
their parents, one be an hermaphrodite, or guilty of unnatural crime,
ur imperfect in his organs, it has been said he shall have no inheri-
tance. It m also said, that all children who are legitimate ahall have
tbeir proper share In this matter I will give an instance. In the
foJden time of the most excellent Para Diepengara, in the country of
Benares, a man of the wealthy class and his wife hid Ihre sons and
dsnghier. and after this the wife bore a make. They were
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J
282
ishamed to have the fact known, and concealed it in a hollow hillock,
and fed it regularly. AAer a long time, at the death of the man and
his wife, wiieii the relations (children) had portioned the property in-
to six lots, and were about to divide it, the anake came, and teeing
no share for himself, upset the heaps with his tail, and returned to
his former place of concealment ; they parted them oflTa aecood time,
and as before he came and upset them. When the king of Benares
came to know this, and that the snake was the son of the same pa-
renls, he ordered a share to be set apart for him. They then divi-
ded it into seven shares ; be came again, gathered a share with his
tail, and having mixed it with that of his sister, returned to his old
residence, and the sister continued to supply him with food as long
as he lived. On the authority of this (decision,) all children of the
game father and mother, regularly given in marriage by their parents,
shall have au equal share, because in this example even a brute snake
had a sharf". Thus the lord hermit said. It is also said, the wise
man •«hall consider the character of the children.
40/ A. Thf Imr of partition between a head unfe^ a cdmrubimtf emd a
siave wife.
If a hu^«bari(l who ha.s taken one head wife, one concubine, and
one niave wife, ihall die without issue by any of them, let the hns-
haiidw pr<>f>erty he divided into seven and a half shares, and let the
bead wife have four shares, the free concubine three, and the slave
Concubine tlic* lialf share. If they have children, they shall have the
bain«. and if then- he debts, pay them in the same proportions. Thus
ih«' hermit crtlU*d Mcikm) said.
11.%/. Thr law of partition between ike ckildran of the aba9€,
I'hii i<« raid when they have only one child. If one have many
children, let the inheritance be divided aAer mature consideration.
4-J//. Thr law of partition he:ween the sit kindt of comeMmes,
Thtt law <»r partition between the six kinds of concubines is this :
Tlic »i\ kiniN of concubines are these; 1st, a female slave that came
at njarnat^re with the wife ; 2nd, a female slave whootme al marriage
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284
lu another case ; if there was no property at the timt of marriage
with the first wife, but the property left was acquired during the time
of the slave wife, let it be divided equally bcftween the children of
each. Why is this ? — because as there was no property at the first
marriage, there was no property of the first mother. If the slave be
one by descent, let the children have one third share, and the chil-
dren of the head wife two, because the slave mother had eaten from
the same dibh ; he is son of both mistress and slave.
ioih. The law of partition tthen the husband has ditd^ and the ipi-
doit raised a slave to be her husband, and eat out of the same dish,
between the children of the former husband and the slave husband.
The husband having died, the wife takes a slave to be her hus-
band, and having eaten out of the same dish with him, she has a
child ; the law ot partition of the inheritance between the son of the
first husband and of the slave husband, is the same as laid down
above.
•16/A. The husband having a son, the wife a demghier at wutrriage^
the wife dies, and the husband marries his stepdaughter, the law
of partition brttr^rn the three ehildren.
The husband and wife each have children by a former marriage,
the wife dic.«, her daughter is takeu to wife by the step-father, and
has children, the law of inheritance between the three children : —
A man havini^ n ton. and a woman a daughter, shall marry ; the wife
having had a cliild shsll die, and the husband take her daughter to
marriage, and having liad a child, the husband and wife die, the law
for tlie partition of the inheritance between the three children is this ;
if there be any property of the first marriage, let it b^ divided into
five shares, and hi the s<»fi of that marriage have three, the child of
the husband by the mother one, and the son of the step-daughter one
share. Why is this ? — because he has the share of his mother, and
takes her plarr. If there be any of the property that came with the
mother of the (lau^htiT remaining, let it be divided into five shares, and
let theson of the dauirhter have three, the son of the father by his first
marriage one, and the Kon by bis second marriage one ; this is because
they are children of the same father, but diflferent mothers. The non
of the first marriage is by a distinctly separate mother. The son of
the step-daughter is grandson of his mother's mother, and nephew of
the said grandiuotlier's son, though they arc both scms of the same
father ; this in one reason ; and his mother and grandmother were
both wives of his fatlier, is another reason, why his share of the pro-
perty is different (from the others.) If there he aay debts, lot
them pay in proportion to their receipCs. If there bo property still
undivided, acquired lK>th during ihe marrtsge with the aiolher and
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289
ay ihe debts in the 8anie proportion. If the father who thus
e fine be a man of some note, and shall die whilst living with
["nts, let the Mcn for whom he paid compensation have a gretl
)n's share in bis parents' properly. Why is this? — because he
)per son of a regular marriage. Should the same father who
s paid coin))ensation die ubiLst living with his relations, leav-
perty acquired by himself, let the relations have one-half, and
for whom compensation has been paid the other, and pay the
1 the same proportion ; he is not a chance child, but the ami of
age sanctioned l)y parents. I will adduce the following prece*
' Pre^MKincy cannot be caused by many men ; the child ia his
ime <»t* whose intercourse the three causes* combined ; btii
ilie causes do combine, it may be the child of a couple not
I marriage, or of a couple who have been given in marriage
r parent*; it is o..l the child of marriage that is excellent, (le-
?,) and only the iim:i who communicated the vivifying princi-
> is the tather." 'i*i:is quotation of a text from the holy book
e as a proof that inheritance descends only to a legitimate
^hc lair of inherit (tnrr m rrffords the til rtlaiians of the Aw-
hfifui, and the sii of tkt wife. *
0 dr<*( ased hu^hand and wife had no children, grandchildren,
t ;;raiHl<-hil(ir(Mi, and if their parents be dead, the six relatioos
iiishami, unt of the dir'^ct line, and the six of the wife who
ihrrit, arr these, the hii>band's mother's elder and younger
hi> mother's ehhr and younger brothers, his uncles by the
side, ami aimt< hy the t'liher's side, these are the six rela-
it of the direct line id* the husband: the wife's mother's elder
iriLjer Msters, her mother's elder and younger brothers, uncles
father-* si(h . ami aunts hy the father's side ; — these are the six
s of thr wile out ot' the direct line; and these twelve rela-
t |H said. ^Halt inherit. Having divided the property that
V des( (lit to the wife, let her six relations inherit as nearest
ami l( t the '-ix iieare**! ot'km of the hu»band inherit his here*
tr<»prrty It our shall die bef«ire the other, the property be-
> the Mir\i\or ; let only bis or her kin inherit. Should theaur*
II ail) of the hereilinry pr(»periy, let it l)e offered to the next
(he deceased It' they Intth die about the same time, to that
t clear who was the siir\ivor, or if it bo known, but the months
* not a'^rertained, let the relations of both fnherit according to
:uiinty, and .iU4» the pro[>rrty acquired by the deceased couple
marriaL'e, ami let I hem pay the debtii in the same propoitioo.
frr <«u<'> arr \iir {>:«>{« r •TAarm with iIm wuman ; copiilaliwi waa ■
(ilr '.V \)xr 'Ir^th -f -nir KllllUaJ ; IIm ilkXM
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fliMOM Um mm b»*iif \kim^ 1Mb, *§ to
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<nf(:^i(»Sr8w(X}3m§i§Ec2§St3:>09e:'!eei cnS[88cop£t ^gKf
so(9c»i (»oSa}g2?ci£'.uu1<33£r6mco^tuo1iuSinx>1o^)a»^
f^O»C^O^IOWI^«^SB"CjSoO!;o50ggOyOiOJ*^^^iOO^U<5^
ivjmtnfjwf
290
If they die whilst living with one of their relations, and ha (or ake)
bear the funeral expenses, let him (or her) take all the property.
Thus the lord hermit hath said.
51ih. The law of inhrritanct as regards a younger and elder hrwiktr.
The law of inheritance between a jounger and elder brother; if
a joungcr and elder brother Lving together shall acquire property,
and the elder shall die, let the younger take the whole, and if tbe
younger die, let the elder have the whole, and let them pay the debti
in the same proportion ; this is when neither has a wife or family.
If the same living toj^ether shall equally contribute to tbe acqttiti*
tion of property,* let thcui divide it equally. If the original capital
shall have been the property of one only, and there shall hafe been
a pro6t, let the principal be pnid to him to whom it belongs, and th^
profitii divided e(|ually. If the two live together, and the youagesi
assist the elder, and he the most influential person of the two, let him
have tw(>-tliirds of the profit, and the elder one. If the elder be the
principal person, in the same way let him have two, and (the youogw
er ) one share. If uhiUi so living together, one shall have bad health,
and the other hhali take care of him, let him have only his food and
clothes.
ry'^th. The rUIrr brother dt/inff^ the law of inheritance as regatds his
wife and ehildren^ and the younger brother.
If the elder brother die, the law of inheritance between his wife
and ( hildren. and hi^ younirpr brother, is this; if after the death of
the elder brother, litr^ uife and children remain with the hroCher-in*
law. and it there be property which the deceased got from his pa-
renUi, aixl al!«o property \«hich bin uidow inherited from her parents,
let the widow and children have all the hereditary property, and let
the brother-in-law ha\e all he inlierited from his parents, and let all
the property, ariiin.ite and inanimate, acquired by the mutual indos*
try of tiir brntlitT''. Im> divided and shared according to the capital of
earh, and let them pay the out-standing debts in the same proportion,
if the elder brotlwr had no capital, and the younger had, let him take
hM capit.il, and if th^re have Ikcii any profit, let it be divided into
three shares, let hitn have two, and his sister-in-law and her childres
one; and if there be out-standing debts, let them pay ihem ia the
same pro^nirtion. If neither of the brothers had any capital, and the
ft4*ter-in-law had, let her and her children take the capital; lei them
divide the profits into three shares, and let the brother-iflhiaw hm%
one, and the si.ster-in-law and her cialdren two shares ; and if there
be debts let them pay them in the same proportion. If whOil litiiic
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goSi8g03O2c5gSe^ccoocg3Eiewo8cuSsog}S(raa
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291
T Willi their ivivcH and families, (he elder brother shall obtain
ik and appointment of their paternal uncle, (elder than the fa^
and iiiheritod from tlieir grandfather by the interest and merit
yoiiii<T(r, let the same come to the younger at the death of the
imthtT. and if there he debts incurred on this account, let him
'n). If th<' younger brother be dead, or not competent to fill
>ointment, lit the son t)rthe elder brother inherit, and let the
of the elder brother, her son and brother-in-law, pajthedebto
ay hii\ L' been incurred on this account in proportion to their
A the inlirntance. If the younger brother has taken noactife
these atfairs and the ehler brother has done so, let the wife
inly of iUc ehhr brother lake all the property, and pay all the
When an elder brother, hi*< wife, and younger brother, are
together, the property inherited from their forefathers, which
)t:iin whilst living together, shall not be reckoned property ac*
by theinseUes or increase in their hands ; they arc original
ly ; let the per>ton w ho inherited keep them and pay the debCa
same proportion. If the brother-in-law conduct the busineaa
?*ister-in-la\v, or the sister-in-law that of the brother-in-law, let
property go in the proper line of descent as before laid down ;
lall ha\e no claim for service rendered. Thus the lord hermit
-Men<M> «-ai(l.
If' flu r in 1^' tht ri<ultnrc tofrethrr of an elder and younger 6r#*
, tht uouuu'tr >/i(ill (li(^ the lair of inheritance as regards kit
tinil ihtldnii, (tiiil thr rldtr brothtr.
M- elder and voihil'^t brother live together, ami the elder bro-
i^ do wile, and the younger h^s a wife and family, the law for
rtition nt the property on the death of the younger brother is
lie a* 1 ml dnun \\\ the last case.
h. Thf Inir of infuritanct us rrffards one brother and sister,
II a hrntlu r and *-ister ar(> li\ing together with their parents at
le ct tiM ir death, if the ))rotlier be the elder, let him have all
lier s r|<ithe> and ornaments, and let the sister have the clothes
n 111), nt- it the mother ; let the residue of the property be diti-
to thr* r >.)i trt^. and let the elder, the brother, have two and the
>ne ^har* . and h-t them pay the debts in the same proportioii.
til* v..t.r 1^ the elder, let the brother take the father's clothes
iiaMK-iit-. and all that pertains solely to a man, and let each
n e<pi il share of th<* remaining property. Why is this t— be-
the in ill 1^ mon^ ( xcelleut than the woman; thereforSi it is
• I the younger brother and the eldest sister share alike. If
e not luing with their parents at their death, let the ptrtitmi
»9&*C(»&BMtH
coc^owtco3ot&os<5f8(ioscuSccoSco^»oia»i ^Eusa^^J
CC^0369E£^^i^8ui33^«8cO|Eq C^S^gS&^ODCO^iCCOoSiGgi
ea@»co(£co^cc6'o3o5c:^se'' ^uosct^yoi oafis*!^
^(j^^icwo&o9coSa9fa^8ossBi£»£u^^£)Bo<^oofco«feaa3
(^fcgSoasi&coBOseei j§§O3^j^^i(nscx^SB(s«uauaSG30ME
coStQ^cfiojc^jSi eoloScoSt§cocQeD3ooo(p«»o|i
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8aooscg(^§o2@S^«sogS.coo2ico^3§cooogB3y5i caoeaMM
292
be the same. Should the hitter being the elder not live with the pa'
rents, and the brother do so, the clothes and ornaments shall not be
separated from the other property ; but let the brother living with his
parents, though younger, have two shares, and the sister one, as she
is living separate, and let them pay the debts in the same proportion.
If the brother being the younger is living separately from the parents,
and the sister with them, of all property and debts let (the brother
have) two and (the sister) one share. Thus the lord hermit Mid.
61 sf. The latt of inheritance as regards three brothers and sisters.
if the three be living together on the death of the parents, let the
brother have the father's clothes and ornaments, and the elder sitter
the clothes and ornaments of the mother, and of the remaining pro*
perty let the brother have one-third share more than the elder sister,
and the younger ?i«ter one-third share less; this is when the brother
la the eldest. Should the sisters be the eldest, and the brother the
youngest, let them share the clothes and ornaments as above laid
down ; and of the remaining property let the eldest sister and the
brothers share alike, and the younger have one-third share lest, and
if there be dobt^n, let them pay them in the same proportion. If they
be living iieparately, let the partition be the same. If one was living
with the parent.^ at the time of their death, let that one have twice
the share he (or she) would otherwise have been entitled to. This
double i^hare i^ not laid down with reference to the others, but twice
what the one so remaining with the parents would otherwise have
had, and h't them pay the debt^ in the same proportion. That the
kjrd hermit ordered.
ffimd. A per f on Aarin^ died, one relative buries him — the law of m-
keritanrr as regards this relation and the others.
When a portion die5«, and a relative who has assisted him (dnrtor
hfe) phall bury him, the law ol inheritance between this relation and
the othrr*i. i^ thi<« : if a (K*r!u>n takes and assists an orphan relation in
his illness, and on his death buries him, let this relation kave all the
property, aiiiinate and inainmate, in the possession of deceased; the
[Hher r*-Utions ^haIl haw* no share; andifhebein re aeh of the inheri-
tance from hi> parents, all that is undivided and not come into his
;>o»scstion. shall be divided into two equal shares, and of these the
;»ersoti an a^si^ting him shall have one and the other relaUoan the
jiher . because he was only entitled to inherit. If tbere be debu,
s^SSir^ ^3^9tG03oos3l I o2tt^c=oog8iao8«(^c6acM&«aB
(Of cootic ji6co3039)< ojs gscoco3:>nScD^j ^coSt^cosdEiaici
cca9Eiog£cfcco£i(jij33^o^crju(lfirnu3^ea}epcQ£>as^SHD(^
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tfccoicwigSi^os^o^u^eoocgE. osgisgo^^oSggSajSigeS
eg£ola3^m@3>co c^gJos^sco =8^803^03^1 ogljpi
e^c(»o£ia>gd^o3^i crtgoSac^X'sS c^ot^jcoco^ii ^ai
cao^Ei 03gisgog^oS|cg^03£sgc6:^c1cDofi(co3oSuS
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coulii
ooepttarflio^toD^rawiioyipngfoogii oa^igcQwwSingfBili
J
293
let them pay them in the same proportion. Thus the lord htrmiii
called Meiioo, said.
63^^. A person btint; sick, one not related t0 kirn iakei care cf kim^
and after his death buries him, — the law of inheritance as regards
this person and the parents and relations of ike deceased.
If a per^ion who is not related assist in life, and at death burj ano*
fher, the law as to the partition of the property of deceased between
this person and his parents and relations, is this ; if inj person being
sick shall be assisted by another who is not related to bim, and dy*
ing in the hands ot this person, he shall bury him, let him take all
the property in the possession of the deceased ; his parents, children,
or relation;*, shall have no claim. Thus the lord hermit said.
That no person having property with the deceased shall recover it,
is shown by this precedent : In former times, the son of a man of the
wealthy class having become a Rahan, concealed a ruby ring, which
he had received from his parents, worth one hundred thousand tick-
eJs, in the hem of his priest's garment, and went to a far country,
where he tmik up his abode in the convent of anotlier Rahan, and
there fell m( k ; ihi^ Rahan assisted and administered medicine to
him, but the influence of former deeds extended no farther, and he
died : the Rahan of the convent got his ruby ring. After the funeral,
the rich man. his father, came and inquired of the Rahan, saying,
*' Did you i^et a ruby ring, worth one hundred thousand tickals, which
was in the |><)5.vession of my son?" The Rahan, who had assisted him
in his illness, and at death put his bones in the earth, replied that he
ha<l got It (Whereupon the rich man said,) " my lord ought not to
keep the ruby, which is worth one hundred thousand tickals, which
wss in the possession of my son ; ii was my property, and ought to be
restored to me. ' The Rahan, the master of the convent, said, the per-
Aon who assisted and wlui buried hini ought to have it ; (thus) the
lord of ^od^ decided. l*he person who assists another in sickness
and bunes him at his death, has the right (to his property ;) and thtis
the rich man did not obtain it, (the ring.) This is a precedent.
64/ A A husband and wife, wAs are slaves of difemd SMflsri, dying
while slaves of different masiers, ike lam Ajf wkitk mm mf ike mas*
ttrs only shall inherit.
When two slaves of two masters die, the law by wWek the master
of one inherits the property of both : If a hereditary and a pgrokased
'" 1
co£i oSicS r8 1 as8 S f g St C00CO3 scfiirS c6^tofi
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a3g3t(nS!u§ws^n3)<:|Sg|sco^tu3co(£'gtoupSapaac& 4BC0if
294
e run away together, Mitliout being given in marriage by their
Iters, and by the influence of former good deeds acquire properly,
both die, let the master of the hereditary slave take all their pro-
^A. Thf slants of two masters dyings the law when boik moiitrs
shall inherit.
^lie slaves of two masters dying, the law by which the masters of
1 siiall mherit If two hereditary slaves shaU of their own accord
abit, or if diic be hereditary and the other bought of a free fami-
and they be given in marriage, or from their own inclinatioos
I cohabit, and during their cohabitation acquire property; at
r death, if one be an hereditary alave and the oiher of a free (^
r, let the property be divided into three shares; of which, let the
ter of the here<Iitary slave have two, and of the alave of free fa-
r one. If they arc both hereditary ^aves, let the masCerc share
lily. Thus the ton of the king of Bymahs, the lord hermit, hath
down.
i. A man marrt/iNfr three aurcessi^e ttices and having children bjf
icA, the laic of partition hritrren thf children of each on the death
f the father
i per^n titkes n wife who die^ leaving children ; he takes anolber,
aJfU) dies leaving children ; he lakes a third, she also dies leaving
dren, — the law of inheritance between these throe children at the
;h of the father. i*< this : if a person have a wife and she die leav-
children, and before the property is divided amongst them the
er takrs another wife, having Imrne him children she dies, and
\nx the property i.n ^(ill undivided, he takes a third and ahe dies
iving hirth to her first child, and the father also dies ;— -the jodge
mg coilectfd the ptoperty to be divided between the three (kmi-
dhall thu*« (i/Tidtt let the children of each wife take their own
her's f«eparnie heredit-iry property, (thewfr-thee.) The beredilcry
irate pro[>erty of the f«thftr which he haa had since the tiBM of
br^t w)f«>. whirh lian not been increased or added to, during the
^ of the other two wives, (hall be called *' ahtet," former proper*
It H said, when there are two families, that the childrea of the
T nh.ill have tiw> and t)f the younger family one share. Now
n thirr are three families, the mothers only differing because
centre all in one father, let it be divided into (cur shares, of
-h, let the children oi the first wife have two, and the children of
o\\wf one each, and if there be dchts* let ibcfli pcjr thmk in the
e proporiKMJs. SliouJd the property have come into his poMec>
in the time of the secood wife, or oi the last, k« the division W
JC3
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295
the same, of property and debts. Why is this t— >bectuie after the
deatli of one wife the husband took another, and after lier death a
third, and the law has laid it down that the husband is the oirner of
the wife's property. Of the original property, let the children of the
mother in whose time it was received have two shares; this is said
when the parents were living together at the time the properly came
into possession.
G7 ih. A tromnm having three successive kusboMds^ (aid ckOdren 6jf
each, the law of partition between these children an her death,
A woman takes a husband who dies leaving children, she lakes
another who also dies leaving children, and a third, who also dies
leaving children, and lastly the woman dies also, the law for the par-
tition of the property between the three children is this; a woman
takes a husband who dies leaving children, and before the property
is divided take^ a second, who, leaving children, also dies, and whilst
the property is still undivided takes a third, and he dies, and lastly
the mother, in giving birth to his child, also dies. In this case, the
judge, havinrr collected the property to be divided, shall thus decide;
let the children of each husband take his own father's original and
separate property, (theng-thee,) and pay the debts in the same propor-
tion. If the mother's original separate property has come down
from the tiriio of the first husband to the time of the second, and
there hhall hive been no increase during the time of the second mar^
riai^e, it **hall ho called (ahtet.) former, and the children of the first
husband f^hail have two shares, and of the second one; this is the law
when there arc only two husbands and two families. Now of the
three familieM, the fathers only are different ; they are all of one mo-
ther ; let all the property that was in her possession during the time
c»f the tir»t husband be divided into four shares, and let the chil-
dren of the first husband have two and of the last one share each ;
let them pay the debts in the same proportions; if the property came
into po^•^>^^l(»n in the time of the second husband, let there be the
same division of property and debts. Why is this t— because one
husband dying, the woman took another, and after his death a third,
and she died, am! the law lays down that the wife has a right to her
husband's property, — there is only one mother. Of the property that
was acquired during the time of any particular husband, his children
shall have two «*hnres, because it was obtained at the time when both
their parents were living together.
08/ A The law of partition between the ]nipii and the wife emd cAi7-
dren of a toaeher, mt his dtmtk.
On the death of a teacher, the law for the paititioA of tlie inheri-
tance between his pnpi! and bis wife and fanUj it tkia: TWre are
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296
two kindji of learmug, Widza and Thippa. Widxa is acieiiuSc, aud
Thippa mechanical. If a pupil request to be taught either of these,
and having given presents to his teacher, is taught, during the time
of their living together no farther presents are given, hot the teacher
hmving taught others obtains propen j, animate and inanimate, as oP
ferings to hin wisdom ; wlien he dies, let his wife and fmroilj hare all
his effects, the pupil shall have no share. W^y is this ?— because it
u property ac(|uired by the teacher only on account of his wisdom
and learning ; it was given to him alone. In the same way, if whilst
the; pupil and teacher live together, properly be acquired on account
of the wisdom and learning of the pupil, on th« death of the teacher,
if he did not take his share during his lile and family, he shall have
ooe-tenth share. If the property was not enough for subsistence for
the teacher, his wife and pupil when living together and studying
science or mechanics, let each pay their proper share of the debts
incurred ; let the pupil pay one*tenth of the deceased teacher's debts.
It shall not he as with partners in trade ; they were master aad pupil ;
the latter shall only have one-tenth of the property ; and for this rea«
sun, let him pay one-tenth of the debts; let the teacher's wife and fa-
wiily bear rune-tenths of the debts and have nine^^tenths of the profits.
tiU/A. The law of partition btiwun the teacher amd the wife amd
children of a pupil at his death.
On the death of a pupil or apprentice, the law for the division of
hts property between hid wife and teacher is this; if the teacher goes
to the bouAe of the pupil to instruct him, and the pupil shall there die,
or the pupil gomg to the teacher's house for instruction shall there
die . of thrive two cases, first, if the teacher go to the house of the
p«pil and the pupil dies with his wife and family, the teacher, though
he demand it, shall hate no right to silver, gold, or other property
that may have boen promised him ; let him only keep what he has al-
ready got in po^se95lon. If the pupil die with the teacher, Itlbimkeef
all the property in the pupil's possession at his death ; his wife and
family shall have no claim ; but if the teacher sue for the property
that 19 in the ))os9vessi(>n of the wife, children, or relations of the pu-
pil, on the ^roufitJ^ that he performed his funeral rites, he shall not
obtain It. It the teaclier and pupil go on a journey, and the teacher
by chance pick up a pot of gold or silver, let the pupil ha%e one-
tenth. If the popd shall in the sane way ohteio gold at silver, be
ahail reuin two-thirds, and give the teaclier ooe-Uiird. If the parties
be not teacher and pupil, let ihtm share alike mnim these cireum-
^
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297
70rA. The law of partition at the death of a teacher and pupit he^
ing no wives or children , between the parents and relatione.
If neither teacher nor pupil have wife or famiij, the law ofdifisioB
between them is this; if a teacher anil pupil hate consulted, con*
irived, and worked tosrether, the teacher instructs the pupil io bis
art, and he (in return) serves the teacher, let the pupil hare one*
centb of the property acquired ; and if the teacher die, let him wa^
cced to the whole ; should the pupil die, let the teacher have the whole.
Thia is said wlicn tliey live together, one dies and th^ aurfivor per^
forms the funerul rites. If their parents or relations be discovered
in the cii«trict, let the relations of the teacher have one-half his share,
mod if the parents of the pupil are found, let them have half of his
(tenth) phnre ; thin is when the parents or relations assist at the fune*
ral. If they do not, at the death of the teacher let the pupil have
ell, and at the death of the pupii let the teacher have all; tbis b
said.
If both trachrr and pupil die, and leave no wife or family, the law
when tlip property of the last survivor shall, or shall not, be divided
l>etween his parcMits and relations and the parents and relations of
the ^5i ficrcasrii, is thus; if the teacher and pupil live, consult, caii>
trivc, «Tnl trade together, in the coursie of which they acquire much
propertv, and c»ne die before the other, let the parents of the last de»
ceaM'd have all the property ; thone of the others shall have no right
to ?«hir»' ; thi«5 i- ox\\\ ?«.iid wl:rn their pr<»porty is as that of a husband
and wilr If tin* pr.pfriy he distinct and soparnte, let the relations
of each have hi> share. If the proper share of each be not known,
and thr toirlM-r hf thr InM »urvivor, let his parents and relations
have i>*o '.liTrr'^, and the parents and relations of the pupil one share.
It the pupil hr the latit !*urvivor, let the property be equally divided
bctv^een lus parnits and rrlatioiis, and those of the teacher; and if
thry harr rfttiirartf^d deht<« whiUt living together, let each pay to*
cordin<; to thnr ««hare of the property. Tbiu tbe lord hermit, called
Menoo, -^nid.
7 If/. The Itnr when a person entitled fe inherit tkaii Mf . amd thoee
who are not^ shatL
The law \%hrn property which ought to be treated u an inberi*
unce, but which has not been divided as such, shall be given to tbe
penH>o who desert es it. u this ; if the ptrenu who are rieh pfo all
their property to their children, or granitchildreo, and tbeae ehildren
do not inpp<vrt them after having oibtained tbe property, let the prt>>
y^ny be taken Uaek as it waa gifes» mid let the pasian, wheilier
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298
relative or stranger, who support* the parents, have the whole. Th*
following is the precedent on which a rtranger receives the property
iQ this way : — Danentsia, the wealthy, had much property, the whole
of which he gave to his children and trusted to them for sapport ; af-
ter a time his daughter-in-law, the wife of his son, from her pariimo-
fiious disposition, failed to support him, and he fell into a state of
destitution. When the king was journeying through his dominions,
lie cunningly took a staff and begging pot, and pretending to beg,
posted himself at a place where the king could see him ; the king en-
'quired of his servants who it was that was begging with the staff and
begging pot ; they reported to the royal ear that it was Danentsia the
wealthy ; when the king heard this he returned to the palace, and oa
his arrival sent for the wealthy man and questioned him, who stated
truly what had occurred. The king then sent for his sons and
daughters, Z4nd on questioning them they also told him the same sto-
ry ; on hearing which he said, "the children are neglectful of their
parents, ami having taken much property do not support them." Say-
ing thtifi, he t(H)k all the property from the sons and daughters-in-law
and supported the wealthy man himself, and at his death the sons and
daughters-iii-law did not inherit his property. People who have pro-
perty taken under a pledge to support the donor, and who do not do
so, shall not inherit the property they may (by consanguinity) be en-
titled to; n«f the kiii^ supported (the rich man) and inherited (his
property,) no the person who actually supports another shall inherit
the property without reference to who he may be.
nnd Tkr law of' partition when there are two elder, two middle, amd
two ynuni^rr daughters, by the tame father and mother.
The law of partition between two elder, two middle, and two
younaer si.iters, by the same father and mother, is this; when parents
have six daughters, the two first are called ^eldest," the two next
are called '* middle," and the two last *' youngest ;** the partition in
this case is. let the younger of the two eldest have two shares, and
the eldest two and a half; of the middle sisters, let the younger hare
ooe share, and the elder one and a half; of the youngest, let the elder
hAve ooe share, and the youngest one>half share. It his also been
laid down, that the two eldest shall have equtl shares, the two nid^
die equal, and the two yo«iig«sC equal.
n
'ee
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:cpcg»a3^a»t* I
299
7tlfi. The law of partition IktWeen children born to a coupU married
without the con.stnt of thttr parents, and children horn to a bought
slarr of the parents ^iren in marriajre by them.
If a man and woman elope together and have children, and they
hate a slave bmichi hy themselves, and if on the death of the haaband
the woman rctnrns to her parents and they give her in rotrria^ to
the slave, and after iiaving children they both die; let children born
during the time of their elopement have all the property the |>trents
took away with them ; let all the property they acquired during the
same time he di\ ided into three shares, and let the children born
then lake the t'atlnr's share ; and having divided the mother's share
into i\v(», hi iLc rhililren of the first marriage have one and the child-
ren of tho *lav(» jTi\en in marriape by the parents the other. Why is
this? — hecaii^r ihoy are children of parents given in marriage. If
the wmnari. without having been given in marriage by her parents,
shall live with the slavr as iiis wife, and eat out of the same dish, be
is the fdnvo nf the parents of the first children, his children shall have
no sharf> of pri>p(>rty already acquired, their portion of the inheritance
IS their relr.ix' from the condition of slaves. Only when the parents
ha«e ^ivni th« ir <ia>i;:htpr in marriage to the slave, in which case the
marriagf i^ roniraried with the consent of parents, shall the children
b^ le^itiinntr : \\u>^o only who are born whilst their father and mo*
ther are not living in contempt of parental authority, shall inherit the
prnprrty uliu U < omos by do'^crnl from the mother's parents, and if
there l>e lirbis. let them bear them in the same proportions. Thus
the lord hermit, called Men«M>, said.
rnil'-r \\\r ^:\inr circumstances n couple run away, the wife dies,
an«l \h hiivh-uid return* to lii^ parents with a female slare, whom be
aiifl hi^' wiit' h:i\c' bnuirlit, and she is given to him in marriage by his
parents, tin* law for the partition of the property between the child*
rt n ol the >li\r ;;i\rii III marriajre, and the children of the first mar-
riaijr. I? tl.i> a mnii and woman, without informing their parents,
Hop^' t »L'« thrr, Insr rhildrrn, and there is with them a female slave
«horn thi v ha\<- boti<Tht ; on the death of his wife the husband retnrns
to hi4 par<Mit<« with thin slave, and they baring given her to him in
marrni;* . he has children by her, after which the husband and wife
both die . hi thr wliolc ».f the prc»[>erty of the mother who eloped go
u> the chihlrfn l>orri during the elopement ; let the property, animate
and inanimate, acquired by the parents during the same time be di-
vided into two shares; let the children of the first family have one
«hare. the mother's, and let the father's share be divided into tvio, of
wbirh let the children of the first wi(e have one. aod ibe ebildreo of
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300
the slave giveo in marriage have one. Why is Una? — becAise thej
are the children ot a marriage by consent of parents. Should she
not be given in marria^^e by his parents, but merely raised by the act
of the husband to the rank of a wife who eats out of the same dish,
she is the slave of the parents of the first family, her children shall
have no share of the property accpiired before the marriage of their
mother. Their portion (of the inheritance) is their release from the
condition of slaves; the children borne by the slave when given in
niarringe only are called excellent; the children only who were born
when the couple uere not living in contempt of the authority of their
parents, shall inherit all the property inherited from the parents, and
if there be debts, let them pay them in the same proportion. Thus
the hermit, called Menoo, said.
74/A. .'In hcrrditarif male slave marries a free womam, the law for
the partition of the property/ aequired by both, at the death of the
slave ^ brttrren his master and his trife.
\\\ case an hereditary slave cohabits with a free woman, the law
for the partition of the property acquired by both during such coha-
bitation. bf-i\v((ii the .slave's nia.Mer and hiii wife, is this; if a male
hereditary >l.i\e shall have cohabited with a free woman, with the
knovvled:^M> ot his master, and ac(|uircd property, let the free woman
at his (le.iiti k(>( {> all the property originally brought with her, and
let her aKo have her clothes and ornaments; if the man's clothes and
ornaments v^err* acquired aAef they became man and wife, they are
not the original property of the master ; let him have two shares and
the woiiinn our; let the pr«»perty acquired by the exertions of both
bo divided into tlirer shares, and let the master have two and the
woman one The property originally brought by the slave is his
master's; l<*t liiiii have the whole; and if there be debts, let them be
paid in the same proportions; this is because the man was an here*
ditarv slave.
m
Ihth. An herfditartf f'rmale stare marries a free man, the lent for the
partition of the property aequired by l)oth, ai the death of the wO'
man, between the master and husband.
An hereditary f< male slave and a free man cohabiting, the law for
the partitKwi of the property they Imth acquire, between the slave's
master and her husband — An hereditary female slave and a free
man cohabit uith the knt)wledge of the master and acou ire property ;
at the death of the woman, let the free man take all the property he
originally brought with him, and hb clothes and ornaments; if the
clothes and ornaments of the woman be not the property of lier nas^
tf>r. but obtained during their cohabitation, let ber roaster fcave two
«hares and the (tf-f man one ; lei the property aeqoired by both d«'
^oo
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3UI
rtug the same period he divided into three sharen, und let tlie master
liave two and the free man one. If the original property brought by
the slave v^as her master's, let him have it all, and if there be debt^,
lot them pay in the same proportion ; this ifi because the female is an
hereditary >Iavo.
7()/A. An hereditary male or female slave marries a free person with-
out the knowledge of the master, the law for the partition, or not,
of the pretperttf.
An hereditary slave and a free person having eloped together with-
out the kiiovvledire of the parents or master, and acquired property,
the hereditary i^lave, male or female, dies, leaving the property and
debts, the law ol partition hetween the master and free husband or
wife, IN tins ; an hereditary slave, male or female, runs off with a free
person, should they pet in <leht, or by good fortune acquire property,
and the slave (lies, the master and free woman divide thus: — It is
laid down thai thr free person shall be siid to have stolen the slave;
under the^c circumstances let the master take all the property they
may havr with th^in, and if there are debts, let the free person bear
them all Why is this ? — because, though the slave induces the free
jK-rsnn to run away, the free person is still the thief. Thus the lord
hermit, called Mcikm*, said.
7T/A. A mult or ft male slarr, whether born in slavery or bought, mar"
rifs a frit person and leaves property, the master being dead, and
thr parents of' tfn frti party alire, the law fitr thr partition of the
pntprrti/.
\ -lave, niah- or female, n<H hereditary, but bought of a family,
that !*< ImmiixI to perform sonic special act of hereditary service to
the st.itt , (or rather the kin^,) cohabits with a free person with the
kiioHledi;r of the ma^iter. the law c»f partition of the property and
ficbts h<'t\v«Mii the master and the husband or wife, is this; let the
master takr ;ill the property originally possessed by the slave, let the
free perM>ii have all his or her own original property, and if there be
df*ht«<. let them pay them lu the same pro|N>rtioos. Of the property
ac4piir«d :ind del>i> incurred by Iniih, let the free person have two
•»har»^ and tin- master one. Why is this ? — because the slave is a per-
son «>t a free tainily vvhirli tmes one descripticm of service to the
•tatp, and is only bought, (not hereditary,) this is laid down in the
dimathat In the same way, if they run away without the know-
ledf:e of the mas(er, and the slave shall die, leaving property and
debts, the free person is the thief of the slave; lei the mMter luve all
the property, and let the free person pay all the debts. Thus the
t»|e recluse, railed Menoo, said.
73
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302
Whether it be a hereditary slave one or bought of a free famiJy, male
or female, who has cohabited with the fr^ person, and (diet) leafing
property, if the master be dead, and the free born person has no pa-
rents living, the law for the partition of the property left betiieen the
relations of the master and those of the free person, is this ; if a male
or female HJave, hereditary or purchased, shall hafe cohabited with s
free person, and they both die leaving property and debts, and the
free person has no parents or children, and the master the ssme, let
all the property possessed by the deceased be divided into three
share>, and let the relations of the free person have two, and the re-
latione of the master one, and let them pay the debts in the same
proportions Thus Menoo, the lord hermit, said.
7H/A Wkm parents, after having divided their propertjf amongst
their children, have ffont to live with one child, but shall die with
another, the law for the partition of such proptrtjf as thg parents
wuiy still hare rcmeuning at their decease.
If parents who, after the division of their property, have lived with
one chiM ^hall die with another, the law for the partition of the pro-
perty o{ thr deceased parents between those persons who supported
theni, !<« thi«, if the parents lire with one child, and afterwards
change nnd go to another, and this la*it shall attend to them there du-
ring their •»irkn#»^s, and at their death bury them, let the property of
the deceased be divided into four shares, and let the child who buri-
ed them have three, he shall not on the plea of hhving buried them
take the wht.le, let the remaining fourth share go to the child with
whom they fu«*t lived. In another case; when the parents from af-
fection have divided their property amongst the children, and kept
one chi(d> .*>hare to themselves, let their children and grandchildren
have their la\%tiil share of this as before laid down, and of the debts
let them pay in pro|K>rtion. If tbey have lived with one cbild and
shall die with another, let these two only share equally, and pay the
debts in the 5ame pro()ortions Why is tbist — because, though a hen
roay have many chicken<«. only those nearest her get the food (she
drops )
T9f A. Tkf >nn &r dnMghter'4n4ino having taken fJUsrge ef,
and adfiid to, the property of their fat her Hn4itw, the law ef inherit
tamrc as regards the increase.
Thf- law for the partition of property beloogiog to the fatker-in
law employed in trade by the snonn-law, is this; tf a um or daugh
icT-m !aw have received tbeir capital from their faibei and raocber-
in-li^ ind '.ncretaed it. let thew restore the origioa] property, afid a'l
9°9
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fxt>i>iiics and pruliiB let tlieni shue alike. In thui wij, it inigtit be
Bald that parents lake iHlcrcst from their children, but it ■■ nol mo-
iicj borrimcd for necestary expenses, and as the children hid a pro-
fil on it, llie parents have a right to share. If there be nn profit, let
them have only the urii;inal. Thus the recluse, called Uenoo, uid.
KkA. The father-in-laic having traded on Ihe capital of tkt ion tr
daughlrr-in-liiw. thr laio rrf^arding the partition of Ik* pnftt.
The law for ilic pariiiiou of the profits when Hitt father or luother-
iii-I.i» trade oil tlu- cnpilnl of their son iiinj ihii^')it<.T-iii-law, isihii;
if a fiiiher ami niixhcr-in-law hiving taken th« prpperlj of the son
and daii(rhifr-iii-l.iw xhall trade with ind inereaw il, let the xm nr
dauithter-iii-hu' liate back the money Ini'. and cf ibe u\pcn»M and
profits, Irt llirni liav<- one nhare and (hr u'\\--i wnA oiothrr-ia-laiv two.
Why !!• i)u!<'— l)<Tau.''e the father antt im >iK<'r irn th* ownvr* iif ihp
cbildrrn. If the father and moiher-inl.ii' iioriDW ilir munry tfiA eX'
pciid ihr «l..)li-, ihoy shall haie aright i.. .1 . .^. Why isthwT— be-
caiiw- II rciim^s n^ Il were under the I. iit ni hITitiiik" of rcfpeel to
paTent" ami teachrrs. Parents, whet- in .^ nil. Iidm' a ri|[hl to aell
ihrir rliililrf'ii. and if there be no othir i:liil>lfL'ii iir crttDilelnldrcn in
jnhfni. Il-' iliern h.^e, (th.it i<i. remain iii slatery;) irUiwe beotliM
heirs, lei ilieir potiiim be i)ie amouiH for wbioh tba Ehlldren wero
sold amoiiL'^i themselvex, and baring paid it redeem ibeiiL Thus the
lord hermit -aid.
H|j(. .1 hut-hiiail iiHii 'r'tfr Uvine sfparatt from fork other, amd aba
t'mtH Ikrtr ihtlilrrn. thr'imr nf partiUon on the death oftkeir parenli.
A lin-lirind and \\i(f hale prctjKTiy in the hands of their children,
from »1i<>ni iliiy .ire liiiiij; apart and separate from each other, the
law tor ilir |>atiitioii nf ihis property on the death of the children,
Hiih nliiiiii II i>. Ix'i Weill the father and mother: A man and wife af-
iPi lint in:; cliililrrn separate, their children also lire apart from ihem,
if these dii- uiihiuii lieir!', the law la this; if il he son and daughter,
and iIk't |>rM|>rri) hr in t'»inmoii, let llie father hare the son's and
Ihe nioihi r ilir dAiiclner'* share ; that is. having dirided the property
inio iliree dilate-, let the father have two and the moiber one. If
there lir imlv <<ii<- ■.■,n, let (lie father hare all. and if only ode daugh-
ter, let the iiiriilirr hate all. Why is this? — ihe ease of the mate and
female u ilil |ii^i'i>n* i» the precedent ; lei the father hiTe the mni, and
the mother the dan^ihter , but if the father have the son and the iiw
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l^r the liauj^hter, they should have the property equally ; iheo why
has the son two and tlie daughter only one share ?— only when the
brother is the elder and sister the younger is it thus ; when the ti»>
ler is the elder, let the parents, the aeparated ooaple, thtre alike.
Thus is the law.
Thus I have a^ain and again in all the difert, variout, tnd eom-
plicdted cases of relationship given the law for the parlitioo of pro-
perty. If children of the same parents wish to hafe an equal share
of the inheritance, they must hare respect for their family. I will
give an instance ; when a hen brings food to her chickens, tbey all have
an equal ^hare ; children who do not obey their parents, who abuse
and strike them, shall have no share in their inheritance, and if they
have had property portioned off for them by the parents, let them
take back (he whole. 1 1* they have uken property without the know-
ledge of their parents, much or little, they shall be liable to be pun-
ished an thieves ; it is not said they shall make additional restitution
as in common ihefi ; let the parents merely take back the aouMtnt
stolen, and let the children suffer only the criminal punishment.
Another mode is to banish them from the district inhabited by their
relations After the death of parents, the property may be difided
after seven days, or a month : wh*n divided, let the children hate
their laufni shire . if any were not present at the time, but come af>
terwartU and demand their share, let them have it. If the death has
been intimated to them, and they have been warned to attend, and
thoo^li n(»ne of the five difficulties* are in their way, they fail to ap>
pear within a reasonable time proportionate to the distance of their
residence, they ^hall forfeit their share. If ten years elanse, before
they claim their portion, any of the six children entitled to inherit,
e%en if it be the au-ra-tha.t the kiek-tee>ma, or the hayt-tee-ma, shall
lose It. If Within ten years, one entitled to inherit shall die, and his
wife or children shall demand his share, let them have it, and if there
be debts, let them bear them in an equal proportion; but this is a
matter in which the jnd^^e must use his discretion, whether to make
ihr partition or not.
This IS the collection of the laws on the eitensive subject of in-
heritance.
Be*«i(le« (his. there is the chapter regarding those who kre entitled
to inherif nri<i the matters relating to husband and wife, tkall be
collected and laid down in another chapter.
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Regtrdiog children who are enUUed to inherit, tod those who tre
noc
There are twelve kinds of children, and of these, fix are entitled
to inherit.
Itt. All children, male and female, old and joung, born of a cos-
pie gi%en in marriage by their parents, coonmencing with the an^ra-
tha, (son and heir.)
2nd. The children of another person, adopted publiclj with a pro-
mise that they shall inherit, which ia a matter of public notoriety,
tJiesc are called kiek-tee*roa.
3rd. When there is a superior and inferior wife, a woman who ie
poblicly c<>habited with, but who does not eat out of the same diah, ii
called a-pyoung ; the children of this concubine are called hayt-tee-
na, because they are '' inferior " to the children of the head wirea.
4th. The children by a slave who was in the possession of the hns>
band or of the wife, at the time of marriage, or a alafe bought by the
couple ; these children are slave, and a male and female are called
kbayt-ia-za.
5th Children, male or female, of a wife by a former htisband, or
of a husband by a former wife; these are called dway-pop-pvka-ra.
6th. Children, male or female, who hare no.pareols, or whose pa-
rents or relations are not known, or whose parenta or relatiooa are
known, who hare been casually taken charge of and brought up, are
called teek-tee-ka.
These six are entitled to inherit.
The SIX not entitled to inherit, are
Isi. Legitimate children of their parenta who hare been given a-
way , at the request of some other person, to be adopted by them, and
called pa-ra-dien-na.
3nd. Children, male or female, bought by a husband and wife, and
adopted by ihem ; tha-hay-hta.
3rd. A child, male or female, bom of a woman who, having sepa-
rsted from her husband and taken another, retnma to her Arst hus-
band pregnant, and presenu him with a child, begotten by ktr sscottd
husband, this is called poogHiMiog-gn^se.
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306
4th. A chUd, male or female, begotten by.m mtn md wontn lo
pleiBiire, by mutind cooseot, bot wbo ahall not life openly toother ;
called kee-lee.
5th. Children of a pair, either gifen in minriage by their ptrenii,
or who have come together by meani of a go>between, or by their
own mutual consent, who will not attend to the adfice of their p^
rents, but rebel against their authority, and conduct theneelvts as
enemie«« ; called tha-ma-nok-ta, because they are like dogs.
(Hh. A child, male or female, who baa been taken when it was
starvincT, and fed and brought up and addressed as '' child " by the
persons who adopted it ; called tsha-bat-ta, or ba-rMt.
These six children are not entitled to bberit That the lord her-
mit said
Beside these, sixteen separate kinds of children shall not be reck-
oned, hut that there different names or denominations may be known*
I uill repeat the list. —
Ist. A child born to young parents gifen in marriage by their pa-
rents : called au-ra-tha.
'2ud. A child horn to a young woman, not approving of the hn»-
band chosen by her parents, begotten by another man ; kei^^t.
3rd A child begotten by a pair not gifen in marriage by their pa-
rents ; we-ze-wa-thoo-khyien.
4th. A child begotten by a pair who hare formed a mutoal coo-
necimn. hut without marriage; pa-ra thoo-khyien.
.>ih. A child born within ten months afVer the marriage of iu pa-
rent^ ; mo-ta-na-la.
(>tl) A child horn by a woman turned off by her parenta or rela-
tions, whilst ^he 19 away from them; a-ma-ta-ha-ta.
7th. A child born by an unmarried vroman ; ka-ne-ya.
^ih A child born by a woman wbo has had no connectioo with a
man . hat-ca.
9th A child horn by a woman who was bought pregnant ; kee-ree>
wot.
Ithh A child iKirn by a woman taken back by a hoaband when
be has once turned her off; wee-ka-ya.
I Ith The child of a married woman turned off by her pventa for
her bad habiu ; ya-za-na.
12th. The child of a Bramin by any other woman; pMha.
Of these tweire, the aiuatha only hat a pirfect rifhl lo die Mpef-
ly of IU parents The other M^nm^ if ii wee dir tmrnftm mmm of
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307
ibeir pareots, without tbe knowledge of the olher, that ihey ahouJd
have a share, they shall not have itvlet them keep what haa come into
their poesession ; but they shall not be put in poeseasioo of anything
they have not already obtained, though they demand it from the aur
▼iving parent on the ground of the promise of the other ; these are
the tweWe children noted in the Daroathat.
I will now state the names of the four who are noted in the Peeta*
kat.
1st. Children that are publicly known ; pot-ta.
2nd. A pupil, disciple, or appprentice, who attaches himaelf to a
teacher to be instructed in his art ; an-tay-wa-thee-kt.
3rd. A child begotten in another district, which a man is' In the
habit of frequenting; mot-ta-za.
4th. A child taken and reared after it had been deserted by its
parents; dyn-na-ka.
This is the difference between the Peetakat and Damathtt; from
this, wise men understand that there are two sets of names for all
children. As regards the prohibition of certain children from inherit
ting, if there be no good (in law) children, let the bad inherit; evea
if the child have been begotten by chance intercourse of iti pareoti,
if there be no g(x>d (legitimate) children, let the bad (illegitimate)
#Qe, according to the laws laid down above, receive (the property)
and bear (the debts.)
There are twelve kinds of theng-thee, own property or separate
share of children, which I will now collect and lay down.
1st. What is given to a child on being first put into its cradle.
2nd. What is given at the first shaving of the head.
3^d. What is given when the ears are bored.
4th What IS given on betrothment.
6th. What is given in illness.
6th. What IS given on entering the prteslhood.
7th. All gifts of ornaments, aoklets, ear-rinp, necklaces of kinds,
^aoeleu.
8th. What haa been taken away tad enjoyed ssparamly, without
kariog been given by the parents.
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308
9ili. (iifts from gruid parent*.
lUth. Uifls from affectionate regard by Mfaer people.
llih. Whatever may have been acquired by their own akill, letra-
ing or wiRilom.
I2tli. Gifts frnm my lord the king.
The iwclve descriptions of property here nentioned Me called
tbeng-thee, and whatever portion of ihem ia in actoil poaMftion, aball
not be diiidpcl But if all the property ofthe parenla aball Iiit* beoo
taken away I'y ihe children, and if they have U with them id their.ae-
parate icaidcncp, whether ii be the eldest, middle, or youngest BOn,
the eldest, middle, or youngest flaughtcr, the proportions in which it
•halt or b!iaM not be divided, hive been already laid down.
Gifts made (o rliildrcnat the time of first being put into tbe cradle,
« the first head shuviog, at tlie first ear boring, or at the tiraa of be-
tiotbmeiii, iliou^h itic parcnta may indisputably Hkve made them, if
the children liaie not been put in pobsett.. i>, liiey ^liiJi not \w called
thcng-llice, and though there t>e a Mrrtlirii i-inrrenirni, thry shall not
(by law) iilxniii ilii^m. Thus Menoo the I'ird Itprmit iM.
If p.udiiN lind pri>|>eriy of this kind in [lie hnnda of tbeir cbildreo
liTing apnri frMiii ihcni, and have takeu ii back and eapen<lcJ it, IM
tbem havp iKc ri;;hi to do so. If a son with such properiv in hi* po^
ansion, litio); apart from his parents, shall die, they rhnii not lake il
from tie il;iiij;li(pr-iii-law, nor lui thcdei<l> ■( i ''iri_-(-- i -'nl! ihey
lake it from lUeit Min-)i>-law. Ifchildren ■■ (i. rty
daring the litV of ihcir parents, and are prepared to return it, if tbe
pareiii". I 111' nit HIT* rf iliii property, ahull ilir, tlie irlalions shall hare
DO rhiiii i<> It . Ill ilic cliiUlren who originally look il retain it.
If pnrenti htte neeklares nfall kindi, ear ringp, Rtihleis. hair pina,
other kinili «( or'ir.ii'riiK and cloiheR, with which they have decked
a:iJ ornaiix nt'd all tiieir cliildreii in aucceasiog, let them belhelheng-
thee nf the Um u rarer ; ilie oiheiv xhall not claim them on tbe ground
of haiiriK ha.I ihem firM. Thus Menoo, the lord hermit, aaid.
If ilie part-iit> -ii ilie limc of any of their children entering the priest-
tKH'd •lull with jii und exiiltaiion say, " we have ot>tained the inberi-
lanee uf ilie i,io-i eicellent gi>d»," and in their joy shall publicly, ei-
ther by tctlial jTuiiiise i<r Hniien engagement, give property to this
child, ihi>ii.;liii CO not into the pwse.sion of tie prieat, but remain
an beftiie ii hsu (riven, wiih the parent*, it was ([iteo with a view to
bctxlili in a fiilure Mate ; it la bis iheng-thcc ; the other children shall
Dot objeri tiii.t il has never come into hi* pgasesaion; let the priest
have the whole If the parent* thai), make nae af it, let them have
tbe rifht to do so If aAer Ihe dmib of tbe paMM il duU Hill be
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309
foriheoming, let the priest obtain it, ant though the reiatifet pletd
that it has never been out of the possession of their iMrenta, thej ahall
have no share. Why is this? — because the priest ia m child who haa
closed the gates of hell for his parents, and pointed out the way to
the abodes of the nats, the reward of good works. Thus the lord
hermit said.
(n other cases, if the parents should aay, " I give ny whole proper*
ty to my son or daughter/' it is an exclamation made from joy and
happiness; they shall not on the ground of aQch a speech obtaia
the property of their parents. But if they look after the intereata of
their parents, at the partition of the property let them have a full dou.
ble share. If a child shall die in the priesthood, and any of his rela-
tions shall have supported him with his (the priest's) own property,
let him only inherit ; the other relations or brothers who have not sup-
ported htm shall have no share, though they claim oo the ground of
relationship. Thus Menoo, the lord hermit, said. •
Regarding gifts from grandparents, there ahall be no reaervation ;
whether ui p<)s.HosMton or not, let the grandchild to whom the gift waa
made, have it Parents and relations shall have no share in any pro-
perty obiaiiiod by a son or daughter, by their own learning or science,
and lodged with the parents.
Gifts mndr from affection, also, the parents and relatives shall have
no share in.
Of the twelve kinds of theng-thee, the four last are called theng-
ibee a-paing, i. e. in which the right ia perfect ; and these are the rales
by which judges and wise men shall decide in maltera of theng«ihee.
Oh excellent king ! the six children who are, and the aix who are
not entitled to inherit, are twelve. The children who are entitled to
Inherit are.
1^ Children of a pair given in marriage by their parents.
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310
2nd. Children of a household femaliAH«, who baa had a aftparate
ehamber given her, with the knowledge of the wifo, and of the wholt
neighbourhood.
3rd. Children of t concubine, inferior to the haad wife, but who
eats out of the same dith with the husband.
4th. Children of a husband or wife bj a former marriage.
5th. Children obtained by request from their parents, and adopted
publicly.
6ih. Children neglected by their parents, and adopted caanally, with*
out any formal engagement.
These six, if of good moral habits, are entitled to inherit aa laid
down.
The six who arc not entitled to inherit are,
1st. Children given away in youth, who hate grown up in the hands
of others.
2nd. Children who have been bought and adopted.
3rd. Children begotten secretly in adultery, the wife remaining
with her husband.
4th. Children begotten m youthful wantonness, the real father not
being known.
5th. Children who may jnytly be called dogs, whom it ia moat difll*
cult to ad\ise, who heed not the express orders of their parents.
6ih. A child who, being destitute of food and clothes, obtains a live*
lihood by begging, and a person says to the father, ** gi%e me your
aon," tnd he replies, ** be it so."
These six children shall not inherit, for reasons already laid down.
Also children for whom tine or compensation has been paid, and chil-
dren of parents who have .separated.
Oh kmg! of children whose father is unknown, there are thoee
who are entitled to inherit, and thoae who are not Of these two, a
chdd is begotten by one man, and the mother takea another aa a htis*
baA^ permanently, by whom she has no children. If before abe took
this husband, ilie has acquired property or incurred debts, if the son
mod step-father be living together at her death, let her original pro-
perty be dif ided into four sharea, and let the aoo hare three abarea of
debiM and asseu, and the atep-fatber one. If there be property ac*
^ired by the mother and atep latbtr when linaf logeiher» lei it be
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311
divided into tix shares ; let the ton have one ahtre of debts and astaUi
and tho step-father fife. If the itep-faiher bad properly at tbe time
of marriage, let the son have one fourth share of debts and assets-
This is said when the couple had no children. Of the hereditary pro-
perty of the deceased, undivided, in the possession of ber parents, i^
the husband was taken with the knowledge of ber parents and rela'
tions, he only shall inherit ; tbe son shall not plead that be is ber son,
tbat she was his mother, because he is Uie son of another man ; only
when living with them is such a son entitled to the own property o^
his mother and the property of his step-father, as mud is tbe conse-
quence of water, and water of mud.
If the brothers and sisters of his mother, bis uncles and aunts, from
affection shall say, " though he is tbe son of an unknown father, yet
be IS related to us, he is our nephew,*' and tbos make bim a gift of
tbe property, let him have it; the step-father shall have no right to
demand a share. Why is this! — because it is a gift of aflection.
If the son demand the property of bis mother firora'the relalioas, oo
the ground ot' being her son, as he is not entitled to it, unless they
choose to givs it to him, if they refuse, he only exposes himself to
ihaine.
If the mother lias children by the husband ^iven her by her parents,
with the knowledge and consent of her relations, and she shall have
separate pr<»j»erty, thrng-thee, at the time of her death, let tbe same
law as IS lai(l down in the preceding paragraph relative to this proper-
ty, uhirh «ays, lot it be divided into four parts, of which let tbe child
of an unknown father, if his mother has no legitimate children, have
thre<*, 9till bold (T4x>d in this case also; btit of property acquired by
both, let tbi«< child have only one eighth.
If the .step-father die soon after the motbrr, be has a right to tbe
wUide of bor original and separate property; and if the chance child
have not demanded lus share from tbe step-father, let bis cbildren
have one b^df, and let tbe other half be divided between tbem and tbe
chance child, according to their ages. Of the property acquired by
iKJth parent'^, let their children have one-half, and let tbe other be diTi-
de<l between tbeiii and the chance child according to their ages, and let
them pay tbe debts in tbe same proportion. Of Uie inberttance wbicb
conies to tbe mother from her relations, the chance child sbaH have
DO share, liecause he is of tbe namber of children that are like the
nftipring of animals ; let tbe children of tbe pair hate all tbe beredi-
tary pf4»|>erty they may be in reach of, and lei tbe debts be nakl in tbe
mame way If the parenu and step piwenls be both 4mi. lei tha eri-
^5:j
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S12
ginal property be divided into three sliares ; let the children of the
timt family have two^ and of the last one share ; and of the property
acquired af\er wards, let the children of the last family hafe two shares,
and of the (irst one. This is only said of respectable children ; chance
children, begotten like brutes, shall have no share.
The theng-thec of the mother, the property obtained by her and a
second husband, the theag-thee of the father, and property obtained by
him and a second wife, this property, if there be no good children, let
the bad inherit what there may be and pay the debts, as laid down for
the good.
If a chance child, begotten like a brute, his mother having no legi-
timate children, demand her property of her relations, he has no right
to It by law, nor even if it be demanded of his mother in her life time,
because he is included amongst brutes.
If a household slave woman, during the life of her master, or after
bis death, bear a chance child, having had no separate chamber given
ber, if it be a daughter, she shall not be released from slavery, but
if a son, she shall.
If she had a separate chamber given her, but does not eat out of the
same dish, let her childrrii have the share of a slave's children ; it is
also eaid, they shall not inherit, but have only what is given them from
affection ; and if the father and master order such a child to be tte
slave of his elder children, and they will not serve, on the ground that
tbey are brethren, children of the same father, at the father's death
let theni pay onc>hulf the price of their body to the elder children.
Why IS this ? — because they are children who refuse obedience to
the orders of (heir master and father.
If the elder children, on the ground that though the child of an
oppressed mother, still he is the child of their father, do not make him
a slave, they are called guardians of the family credit; thoagh the fa-
ther give permission, it is improper to make such a child serve. In
evidence of which (I will relate a precedent.) In former times the
king of a certain country had connection once with a woman who
watched a garden, and he gave her his ring, and told ber if she had a
daughter, to bring her up with the pri«e of the ring, and if she bad a
•on to bring him to him. She had a son, and when he waa three
years old, as the king ordered, she took him to the king at the time
be bad a great dramatic entertainment, and taid, " this if roy lord's son,
I have brought him according to the royal order, and the ring be
baa ii roy lord's ring ; " so the gave him over to tbo king, who being
wbamed, denied (him J The woman said, '' ay lord ! Iiktf a very
ibarp sword, and if it be not ay lord's too, aay ho Ml on tbo odgo
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S13
of it and (lie ; if lie be really my lord's sou, may he remain suspended
in the air." Having made this vow with a smiling countenancei in the
front of the king and the assembly, the mother threw up her son, he
remained suspended in the air about the height of a man above the
»word in a sitting position, and said, " I am the king's son." On
this the king, his ministers, and all the people of the country, present-
ed him with abundant gif\s ; the king raised the young woman to the
rank of queen, and made the boy his heir, and from him the Gtuda-
ma of the present existing world is lineally descended. This is made
notorioui by being recorded in the Damakan, (the laws of Oauda-
ma.) Therefore, though the father gives such a child to his dder chil-
dren, he is their father's flesh and blood ; they will not oblige him to
^er\e, though it be written in the Damathat ; the ujan who has the cre-
dit of his family at heart, will not miss the way to eternal rett. Thus
Menoo, the Yailiay, the son of the king of Bymahs, said.
LNO OF THE TCNTU VOLtME.
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LAWS qP^MENOO.
TIIR ELEVENTH VOLUME OP TUC
fJREAT WORK OF MENOO.
/ trorsklft the i^od who i.< worthy of all homage, who postesus am in-
tuitive knowledge of good.
CONTENTS OF THE VOLUME.
Thr law of inheritance amongst piiestit, as contained in the Dama-
that, and the same as contained in the Weenee, or sacred books.
I. The law laying down what part of the property of a bramin, or
rahan, at }u» death, goes to the king.
'i. The law l>y which the king is entitled to inherit the property
of a hramin.
:{. The law prescribing the forms of oaths to be taken by tbenioe
kinds of hramin<i.
4 The law by which bramins inherit from each other.
.'» Thf law for the partition of pro()erty recovered from a thief,
l»et»een the owner and tlie person who recofers it.
t>. The law tor the partition of property buried in the earth, over
which thorc is no watch, between the person who finds it and the
owner who, on learning that his property has been dug up, deicribea
It correctly.
7. The law for partition of property saved out of a sinking boat,
after tlie owner ban ^iveii it up a!» lost, between him and the salvor.
H. A |»r*'rrdent for the division of property between a father or
mother-in-law, and a son or daughter-in*law.
*J Th<^ law as to when a borrowed horse, elephant, buflalo, or
oiher cnttio may die, and no blame attach to borrower.
10 The law regarding injury received by being run againat by a
ran
I I. The law regarding thc(\ committed by mounting a ladder, or
any \rhirle
r2 Tl:e law regarding young women travelling at night
|:{ The law regarding travcllmg at night with due cautioo.
1 1 The four caneH in which there is no harm in using an impre-
ralM»ri
l.i The four cases in which there is harm in luing an impreca-
tion
U\ The four cases in which animate and inanimate property may
nut be lH)ughl.
Th'se are all the law4 contained in the eleventh volume.
^03
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315
\.<t. Tin Imr latfinf; down what part of the property of a bramin^
or nihtm, at hi$ death ^ ^oes to the king.
On the (loatk of a tay-ijyce, or head of a kyoung, the law for th#
partition of his property hotwccii laymen, rahans, pee-zeens, thi-ma-
iiay{«, and tho luy-th(>o, or second in runk iu the kyoung, is this; on
the death of a tay-;:y' e let tlie ma-tay-gyee first take the eight uten-
sils of a priot, his crnrden and tank, and his daily or periodical sup-
ply of f<M)(l : and having divided the residue of his property, slafes,
gold, and other animate and inanimate property, into four shares, let
the m.i-ta\-L'vt<' take two; of the remaining two shares, let the priests
next in rank hclow niatay, the lay-thee, have one; and let the other
be divided into fonr; let the poe-zeens have three and the tha-mi^
nays one The lay r(*lations of the deceased only retain what has
been ^iven to them and come into their (K>«se8sion during the life time
of the prie^i : should they plead that they are his relations, that they
supported him in health, attended him in his illness, and buried him
at his death, .xlmittin^r this to he true, it only comes under the head
of religions otTerin^s: they shall not, as in a case where both parties
are " lay-men, i)htain a portion of the property. Thus Menoo, the
h»rd hermit, said.
In the vacrrd Wemc c, it is said, the person who supported him in
his illne>s. hr it lav-men, rahan, or tha-ma-nay, without reference to
hi^ ai^e or rank, is entitled to the eight utensils of the deceased,
which an*, l-t, the dcvokok* ; *2<1, the koyongt : 3d, the thabaing|;
4th. the k hah .11 ^ : tlie^e are the fonr inner, and are never separated
from th<* IhmIv : .~>ih, the thuhieki| ; tUh, the water dipper; 7th, the
needle ; >tli. the razor tor shavinj; the head ; these are the four outer
utensils. Ill ill eiL^it There are twenty-five kinds of property be-
sides the ahovf (livi'^ihle and indivisible lielonging to the kyoung,
theiik'^'i'". (|Uie-i^' ( loth'.,) ihahieks, (begging (M>ts,) ka-ngyeet, (styles
for writmi: on palm h-axr^.) ilinray-iio«ny, (dressed skins used in the
net of uor'^hip.) and so forth. The way in which these are to be di-
iided amonM>t the priests is a mutter which only concerns them, and
IS laid d< uii III the Mr red Wcenee. If the person who maintained
ihr <lerea-«Ml was a la\-man, let him have the value of the eight uten-
f'tl* in -ihrr It tht) and the other property of the deceased be io
anotlur |»I.i« e. hi the per-'on in \i Iiom* possession they are keep them ;
let the person who attrnth-d him in his illness and the person who
buried liirii iii\< 'lo ^hare ; lay-men have n<ithing to do with the in-
heritant « «•! prn^i- this is written in the Weenee.
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.116
'2fit/ Thf lair hif icluih tlu kinii '* nUitlrtI to inherit the property of
a bramin.
If lirainiii> and raliaiis have no heirs, the law that the king only
^)lall iiilierit isthih ; if the life forsake the body of a rahin, and there
I?- no one in the k young to succeed him, the king has a right to his
l>ro|»erty ; not thai he would for his own gratification tise it, but to
do a work of merii with it towards some excellent person. By ? irtoe
i»t* his rank, he is entitled to the property of the church. This is one
distinct kind of inheritance.
A brainin wihi is a man of good habits, and haii no wife or child*
ren, dviiii;, the king only is entitled to inherit his property, and give
It away to other brainins of merit.
Wrri The idir piorrihtni: the forms of onUhs to be taken by tk€ nine
kinds of bramin>.
I'he fire is the form of vow to be taken by a bramin who has mar-
ried a uite and had a faiiuly, and refrained af\er the manner of his
ra^te from eating the ten kuifls of nlews, and avoided the sins relating
to his ca>ie ac( ordiiig to '* the vow of lire that is in his belly," vowed
after |Mittiii^' on the braminical string. The form of taking this vow is
AS foIlowH t)ie bramin sots fire to his braminical string worn from in-
fancy, and stys, the vow 1 now take in the firesenc^ofMaba Piennay
IS a true \o\\ ; it 1 art falsely and break it, may my pro|>erty, animate
and inatiiin.ttf'. ii)v><elf, my wife, children, and relations, be consam-
rd as tliiH hre < oii^uino (the string,) and throughout all ages and
lran*«(ni^r.itioiis in.iy I eondniie in the four states of punishments:
III hf^ll, 111 the form of brutes, insects and reptiles, or atboo-rakays.*
Thi^ loriii ol \M\s is taJIfd "the fire in the belly."
This torni of \«>w IS taken by the nine kinds of bramins, who are,
|m. t\u*--o who li\e on aliii^ in the jungle, who do not take wires or
arciiintilatf pro|>erty, tailed brahma-t.sa-ree ; tiiid, tliose who take
M ive.-^, but livt on aliii>. called brahina-nah ; 3rd, the class (hm which
kinfT"^ are takr-n, kliat-t4->n Ith, those who »upport ihemseJfes and
fainilK"* 1*\ trade, and do not take alms, called da-ya; 5th, those who
«ii{>port tlieir families by agriculture, and who do not racaiTe tiros,
be»iia . Titli. tbost (»f pure de>cent, yek-khi-ta ; 7tb, those who are of
ItMrM' habits. ba-raHi\%a-/a ; Sih, those who have broken the mles of
thrir caste, degraded men, who have been turned out of tiie sciciety
of braniiiis, called t^aiwla-la; \H\\, those who have lef) thei? families
aixl vnbjertcd themselves to privattons. ta-p«-thee. Under these
• A ffc w rf f}0u\t lofiher W toau
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317
niiio rhisscs many nrc included ; the Burman, the Kula, and the Ta*
lien hrarnni, the Kniay and ihc Hindoo braroin ; amongst whom theere
- arc diffcrrnccs in the observances of the rules of their order, the
tranner of putting on the braminical string, and in their forms of
worship ; from the brahma-tsa-rcc who worship the gods, the priests,
and laws, the three gcxxM*, to the yek-khi-ta class, they are all excel-
lent in ca«te ^nd habits*, and amongst them the brahma-tsa-ree class
- 18 not to 1)0 sworn, but only to give their affirmatioa. From the brah-
z ma-iiah to the yok-khi-ta, let them place a sword on the neck of a
cow and put out the lire before Maha Pienuay. The ba-ra-dwa-za
and tj«an-da-l.i >))all put tin* sword on the cow's neck, put out the
: fire, and also dip \i\ hot lead. The ta-pathec is a kind of jo-gyee;
^ let their three pron;;ed htutf be steeped in water, and let them swear
bv (drink in::) thai : this i^ the wav in which braniins arc s^vorn. The
three rea*oii*i wliv braiuins do not salute each other are: being of
different families ; partaking different food; being of different habits,
cuj*li>m>.
\th The fair hif irhich hrnmins inhrrit from rack other.
0
The law l>v v. Iiieh the inheritance (»f a bramin who has kept the or*
^ dinancc** ot los e i>te, and who has no wife, children or relations, it
di«idfd ami>n:^>«t other bramin^, is this; the head teacher shall take
» his conrli ^hrW, l»raminir al >trinii, hi« white wearing cloth, his cook.
iiig pot and drinkmi: pot, and have one-tenth share of all the rest of
hi« proprriN the roinaiiider ^hall be divided C(|ually amongst thos4*
-: of hi> ea^ir and nation ; thi5 \h when he had no parents, wile, or re-
laiion>
- Th«' ! an |or the [)ariniofi of the prop<*rly of a braroin betiieen his
rhildren. parents and reinlioiis, is this; on the death of a bramin
wbo i*> iIm' tatlier of a Uinily, his eldest Miii shall have his braminical
•irinji. hi«« head dre»>^, hi** cIothe>, his riding horse, elephant, shell,
«aiv«'r. ;:obl(t. nil his rup>. all his ornaments, and one male slave ;
if the derea>ed u a* of tJie sacred class, who live by alms, three-
lotirihs shall in- ijiven to hi* mother, and one-fourth to the eldest son ;
tbiff fourth ^tlare >li;JI l»e divided, however, in the same way as with
^teople who are not of the bramin class; if the eldest son be one wh«>
protects his family, he will give all to his mother and support her; it
lihail not be divided. Besides this, all property, animate and inani-
male. «hall be divided into two eifual shares ; let the bramin mother
hsYc one. and the children the other Thie i^ the law as it relates to
tb^ nin^ «!.i^.'» ot br:imin>
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The Unt for the partition of property recovered from a thitf,
between the utrner and the pirson tcho recovers it.
he law for the partiti<3n of property recovered from a ihief, be-
n ilic owner and the person who recovers it, is this; if the pro-
' is recovered from the thief by another person in the absence
e owner, it shall be divided equally between the owner and the
Hi who recovers it. If there be many owners to the propertj,
those w ho recovered it be few, let the owners pay according to
mount of (heir property, and divide the amount amongst those
were present at the capture. Thus Menoo, the lord hermit,
said.
The Itnr for thr partition of property buried in the earth, over
ich there is no iratch^ between the person who finds it, and is
own Inj the owner to hare done so^ and the owner, on giving the
' true marks.
le two laws for the partition of pro[)erty buried in the earth, ofer
h no watch was set, wlien the owner discovers that it has beeo
jp by another person and describes it correctly given, are these;
person who has buried irea.surc in the earth and placed a watch
it, ^hatl hear tint some other person has dug it up, and shall
: that hr* set a watrh, and that it was from the temporary negli-
? of the watcli only that it was obtained, and shall be able togife
reel a«'r«»imi «»!* ilie article*, goM or silver, their form, number,
ler they arr rin^** or precious stones, of uli that he can giTC a
ct accMunt ot, let hiin have one-half, and the person who dug
the niJH'r. Why is thi** ' — htcause the watch was negligent.
I no \s.iich IS placer), and the owner does not pay much atten-
and anotluT person ili^s up the treasure, if the owner, admitting
here wa> no w.iicli, declare^ thai he is the owner of the property,
t I*- prn\. (1 that he is »io, let thi- property be divided in the same
I* 111 the ];«"! srciKMi If the owner be not known at the time
ropertv is dui^ up. and the kini^ hear of it, let him have one-half,
[ir tint!* r i)h otht r it is also laid down !)y the order of kingi
heir vinre sli ill he oiie-ienth. II the |)erson who finds treaflure
not, at the tune of finding it, report to the thocvgyee ofths fil-
or ill* iieii;lil>o<jr*, knowin;» that the treasure was buried there,
hat the (iwiirr had no heir^, he ?hall :;ive up the whole to the
and rrceive only one-tenth. Thus the lord hermit said. In ano-
ase ; if the owner shall ha\c placed a watch, and auv one shall
*'ly <\iii up the treasure, Itt bim be pauished as a Chief. That
►rd hermit said
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319
1th. The law for the partition of property saved from <i sinking boat^
brfirrtn the otrntr and sairui , the oitnrr bring undblr to save it, itnd
if is tihoiit to ijt lost.
Ill case of mi^rortiiiic, when the owner of the propcrlj, being una*
hie to savr- it. i^ on t\w \nuui of lo»lii^ it, and another person assisl^i
him in savin;: it, the law far the partition nf the property saved i»
this; if any one hhall einhark his merchandize in a boat, and the
lM>at shall 5»ink, hi any persi>n who shall save any of the properly
have ofie half and the owner the other; one-third is also laid down as
^alvajje If a hoat Mnks, and the owner is unable to get it up, but
leaves it with a mark, and any other person shall go and raise it, a«
the owner liad marked it, let the salvor have on>tenth share; if he
conceals an* of tlir property that was in the boat, let him be punisli-
• r<l as a tliK f This roncludos the law of partition and inheritance.
^th. A f/rimltut fin- flir partition of property bettretn a father or
hwt/ur-iti-tair, and a son or day^hter-in-lau*.
Oh exrclient kiii^! regarding the partition of property between a
father or niotlur-iTi-law, and a son or dau^hter-iu-law : In former
times whilst the ^od Deehengara was on this earth, the daughter of
Kienna, a rich man, was ^iveii in man ia^e to the son of another rich
man, ami ea< li had a |.oriioii of one thousand pieces of money; the
wilV vu'iii t«t lt\<> with her husband, and beftire they had any, children,
%\\v fdlj *.i( k in thr house of her father-in-law; then her parents t<H>k
her hoiiir t*> their house and attended her; her husband followed
her tlirr<' and (<n Imt death they buried her. Both father and bus-
hand claimnl thr wlmlr of her pro|K'riy, one on the ground of being
hrr l'aili«r, the oihrr a** lirini^ her lord; so they had a dispute and
rarne l>« lnr«' l»r:ilimadnt, th«' kin;; «»f Benares. He had rai<ed tc» the
rank <»f ijurrn nlihi' south palace, u young bramin woman of jjreat
wimIoui, who derided many cases for the people on ap|)eal from the
deci-ions o| tlir mini'^ter'* and ;;enerals ; so he referred this case to
her Tilt' «|u<'ni Mtit f*»r the sa;:e devotee, and in the presence «»f
IkmIi parti(*s told him tfie whole rase. The sage taking the father on
«.ne juh', Slid, ' < Ml rich mr.ii. was it for love ot your daughter that
\<>u t*Hik tier tVnni v^ltiTt' she was with her husband and attended
her — <»r was it from a wi^h to obtain her property?" He replied,
" It «as noi Iroin the disirr of the property, but from lo%e of the oidy
datiL'bii r oriiiv bosom anil to take care of her; but she died in mv house,
.ind 1 ha\«' inrurrcti e\|H*iise in burying her, and «is my daughter's
reprcs4-iitati\e I u ish to make relii^ious otferings in her name ; and
1% tiie projMTiy 1 had ijiven her wa* in the possession of my »on-in-
Uw and daii^'htcr, I wished to take it." He (the sage) then asked
the rich man s son. thus; *' was it frcNn love of your wife that you
foll(»wed n\n\ att(*nded her, or was it from a desire to povieas her pro-
;»eriv ^ ' I'lio ri«li man's ^>n replied, ** l>ecause she was mv wife, and
9JO
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320
from affection I fol lowed her and took care of her, iml when she died
1 buried her, and underwent expense on that account; also, as my
wife's representative, I wish to make religious ofierings on her behalf;
I wish to take the property, because it was hers, is now in my pos-
session, and is mine by right." On this the sage decreed, "ye are
both men of rettpectabiliiy ; let both bear an equal share of the fune-
ral expenses and offerings, to be deducted out of the estate ; let the
husband take the remainder as his share, and the rich man have on-
ly one-half of what belonged to his daughter."* This decree of the
aage wa^ executed, and being highly approved of, was a'ppUuded by
oats and men ; and from that day it became the law for the partition
of the inheritance between a father or mother-in-law, and a son or
daughter-in-law. Thus the sage recluse said.
9/A. The lair xrhdi a borrowed horse, elephant, buffalo^ or other cat'
tie, may die, and no blame attach to the oorrowtr.
Oh excellent king! it has been a saying since the beginning of the
world, " not to go one step that ought not to be gone," ** not to speak
one word that ought not to be spoken." I will set this forth :— an ele-
phant having gone an improper road, stuck in the soft mod snd was sof-
focated ; and u horsie ha\ mg gone out of the proper way, was killed by
a flying IkKh^ •mucking his bhxKl ; cattle and deer, also, having gone
where there were tigers, were killed ; an ourang outang having gone
under a klieo tree, died ; a hare meeting a dog, died; a snake meet-
ing an ichiuMirnon, was killed; a large snake meeting a jungle spi-
der, was killed; a naga meeting a ^iilong,t was killed; a rat meeting a
cat, is killed, invariably ; rahans and yathays, hermits, falling in with
a woman, are c<>n*tantly de.ntroyed ; the buffiilo always dies when a
dove aJi^ht^ on hini and the mark of a dove's foot is found on his
heart an«i liver . and if a *' leng " snake passes under him he dies, snd
the mark of a snake's path is found on his heart and liver. Because
these eleven have been enemies from the beginning nf the world,
people who b<>rrow buffaloes, elephants and liorses, decline being
responsible r<»r their death should it be caused by a dove aligbtina,
a snake pasnuig under, mud, or the flying beloo, and even if they do
not make the ^tl[)ulatlon, they are not to blame; if these causes of
death orcur, and art proved, let the owner of the animal take his flesh
and tu^k«i
The tnjiouing iH an instance of the effects of saying one improper
word . When our god was in the form of a henza with hb female, and
Dawadat w4.s in ilx' form of a turtle, wishing to save htoi, they desired
him to lay hold of the middle of a small stick with his mouth and not
to speak a word, telling him the place he was in was not ftl to live
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321
and that they would take him lu the tboo-laee-mah liJie, one of
t smaller lakes surrounding the great ta-leng-ga like, where there
abundance of water ; so they took hold of the two ends of the stick,
d letting the turtle lay hold of the middle, roae more than a thoo-
id cubits into the air, and bore him away. Some cowherds seeing
cm called out, ** Ah! the turtle that was intended for cor food is
rried off by the Ifenthas; it was enough for one meal for us all;
it was too late yesterday, we came with the intention of taking
n to^ay. " On this the turtle called out, "Ha! do not think of
f flesh ; you will not even have a bit of my excrement;" but open-
l his mouth to say this, he dropped down, and falling on a flat stone
died, and the cowherds ate him. From this example, people
Duld not ^ive license to their tongue; if they do, they will auffer
>re or less punishment. Thus Menoo the sage recluse said, and
t this parable of the turtle in his chapter on abusite language.
Another instance in which destruction ensued from followin^^ an-
ler's hdvice A hare living at the foot of an oksbeet uee was fright-
ed by the fdlling of the fruit, and ran away. A little hnan-tsok
lied oui. *' Oh fiK^lish friend! you are running away for nothing at
: there are many dogs, who are yoUr enemies, abroad ; remain
letly where you are. I, to be €Mit of the way of hawks and kites,
ep close 111 my uv^\, and look out for the coming evil ; though you
ly avoid the proent evil, yet from too much caution death may be
countered ' On hearing the hnan-tsok say this, the hare consi-
red, "If I ^ay .Mtineihing to get rid of my enemies and to make
•m as frit^hteiied as I am, it will be all right ;'* so he cried out, *' If
hould die alone, it would be of no consequence, but it is a sad
ng that all animals should die at once, so let all those that dwell
the land save their lives. I have seen the woild going to pieces,
f dry land swallowed up, and am running to give all warning."
on h(>ariii){ this, the animals which inhabited the forest ran into
t wat^r and died , thus from believing his words tliey were lost. So
m this p\ani[)le let all those who, at the instigation of others, abuse
i strike {>e<)ple, not seeing their own fault in the matter, suflfer.
IIS the sage recluse said to the king Maha-thamada, supporting
A law) by this example.
'k The law re^ttrdim^ injury receittd by being rmn against by m
emri.
>h c&csllent kinj^ ' regarding running against a house with a cart
a man shall be driving a cart, and his bullocks or buflaloes itart
1 run against a house, he shall not be held in iault If he strike
unst the posts of the steps, or the landing place of the stepe near
door, let him merely repair them ; there is no fbie. If he strike
iinst the posu of the oo-yoo, the kyA-goaa, the tba^f ay, the kok-
. the maha-gec-ree, the let^ee, the tatiig*weag, or ihe tsa-po, lei
n put in new ones, and fcvfett three tickals of silver on aecovnt of
oo
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3-22
ihi pare wattes of trieii<J.slii|) It lie run ugain:»l the stcpn, lei hiiu
pill up nt'u OIK -*, and niakt* tiiONtimc olTeriiig ot frientiiliip ; ilie stepi
nrr a inoteri.it part uf the hoiiste. If he run against the banisters or
the hnlii9tra(le.s of the same, let him replace theai ; there is no fine.
If the ouiK.T of ihi' htui*^f shall throw water on the cart, he ilsha for-
feit nothing, nixl if he nhnll afterwards Mie the carter to repair the
fl&rnafje. he shall he nonsuited. If the cart shall not run against the
liou3c, l)ut the hullocks, the buffaloes, the yoke, or other thing be
longing to the curt, there is no fine, nor if a plough shall run against
a hou^e Carters must have regard to time and place. Of place, it
|8 said In n royal city, or city having towers with several roofs at
the corners, they ^iiall not drive these carts at night; if they do, and
run anraiiist a hon>e, let them be punished as above laid down, and
let them suffer the infliriioii of fifty strijK's of the ratan If they run
down a mnii, and he die, or an elephant, cow, buffalo, horse, or other
brute, and he die, or ha\r a limb broken, the carter having failed in
his dut) ill ^niti^ about in the ni;;ht, let him pay tlie price and all fu-
neral « xp< ii^e^ <.f i\\o do» eased party If he kill a bufTalo, horse, ele-
phaiit. :3«>ru. fnul. «>r hot;, let hnn restore twi>-foId. If a limb or ribs
Se ' r >hi M. If ( liitn replace the animal with unothe'', and take that
vvhu h i>< li lit If It he a man, and he does not die, but suffers a frac-
ti'U 't ill 'iii^'li Imjih'. ht hnn pay ninety tickals of silver, and the
tan.*' if i ir ail nr.n : ihi«< is when it is broken outright. If it bs
merrlv nirurk or W(»uiul«Mi, »et him pay thirty tickals of silver. Whv
If thi^^ — hcv iii^r It was m \\w in^ht time, and the place a popul«NJB
cttv \M(h ijiU's. or a large village, where it is improper to drive a cart
in tfi«- iii^Mt tiriM . nid he did ^.) In the day lime, if it be a brute,
U t hitn rt iiIao( hiiu. and if a ni.n. suppor: and cure him: if he die,
pa> lii> luiirr.'! e\|M'ii-es Thi5 is when he gave no iioticiMtf his coin-
in.'. Mii\ ..^'x« (1 no \i',i\c \n p.i«5, hut drove his cattle furiouslr, and on
Hu^ rir.-,inii tli< V ran o\tr the nun or brute But if it be the night,
aiol he l..\' !,t J '<•(! h i\e to p i««, and it wa*^ known that the carl
wa« ri.tiniii:. and if he have been told to go on, if be run over a per-
»*ii or hrui* . I \(n if the) die. there is no t'auit , this is of the night.
If It Im- i! •• di\ time, and man or brute be lying on the cart road,
an! tlir\ I), •.truck or run against, let him be held free from fault.
If It in- n mid or drunken man, or a child under the age of legal
rc-p ri*i*»i!it>. Mrn vr rs) let him pay the fine for death or injury as
ab »\e laid down If piddy be spread in the road to dry in the da?
time, and a carter shall drive over it, there shall be no Ulanie attached
to him . tite owner ha^i put hit piddy in an improper place. Thar
Slid Menoo the Yathiv.
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323
\ iih The iatt regarding theft tmmmitttd bif mouniing a ladder or
any vtkicU.
Oh king! regarding the(\ committed by means of a carriage, ani-
mal, or vehicle : Any one having taken either a tonjon, uneoTered
litter, small covered litter, thanhlyeng, cart, or boat, fheae fix vehi-
cles, or an elephant, horse, bullock, or buffalo, these four animals,
and shall by their means steal either in the same village or another,
and if he he not seen, but one of the above means of travelling be
found at the house robbed, and the owner be not at tbe time known,
byt the person robbed, on aAer wards hearing who the owner of the
animate or inanimate vehicle is, shall prosecute him, be ahall not be
free from blame by a mere denial of the theft; he ahall restore or re-
place one half of the stolen property. But if under ocher eircom-
staneos. if the owner of the vehicle shall say that it was carried off*
in the night, and it shall be known to the neighbours that he had
ma<ie on<iuirieB regarding it, let him be free from fault If tbe vehi-
cle, animate or inanimate, be found in the house that was robbed, let
the owner redoeni it at one tenth of its price. Why is this T — because
It has Immh of advantage to both.*
In another case ; if any of tbe vehicles above mentioned are lost
without any apparent reason, and the owner shall have publicly and
notoriously souirht for it, and if there be nothing lost from the house
near wliich it was found, and the owner of it shall find it there, lei
the owner (of the house) pay half its price. If the owner of the
hou«e «hall have spoken publicly to the neighbours of the unaccoan*
table appearance of the vehicle there, he shall be free from fault; let
the owner take it away. This is when the person who moved it is
not known If the steps of a house or a mortar for beating out paddy,
or the pe««tle. a piece of timber, or a bamboo is taken, andb y these
mean« a theft is committed, the owner shall not be prosecuted as laid
down U^x the vehicles we have mentioned; he shall not be held in
fault If no theft has been committed in the house near which these
things are found, let the owner of the house pay twice the value of
the article to the owner of it. But if these things are in a place they
ou^ht not to l>e. and the owner of the house points out the circum-
stance to the neighltours, he shall not be held in fault; the owner of
th4* wood, beater, bamboo, or other thing, shall only take it awav on
affor<iing proof of its t>eing his. Thiu Menoo the sage reclvse bath
said
fmthtOf
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324
\'lth Th( latr rci^urdiii;^ J/otffi^ icomcn trurclliii^ ul night.
If any ycnin<; woman ^llall f;o out alone in the night, beyond the
Usual lime for ^oinjr about, with her bosom exposed, and no kerchief
on, ciiher on the road or between houses, without giving notice that
!>he has <)cca!<ion to pasji, and a man shall have connection with her,
he shall not be held in fault; even if she docs not content, and force
IS used, bt'canso t^he had committed a fault in leaving her house, her
place of abode.
\'.\th. The hue rrmirdiii!^ travellliiic <^ flight itith due caution.
Oh excellent kiiij^ ! if there be occasion to go about in the night in
any capital city, town, or village, let the person go if he hu a Ian-
thorn. If any one j^o without a lanthorn, and shall state that such a
one IS dym^. and that he is going for a doctor, he may pass; in this
ca?e he niiif*i nni bo slopped nor struck in any way. If he be s*»
struck or .nnpped, let the oflender pay compensation in proportion to
ihe fault Bill if iho person going shall, without warning or cough-
in;;, come lo ihe door (of the person who ^t^ikes him,) and shall a?»-
ci ud ilie ^teps, if he be killed by a thrust, the perjMUi iiiHicting the
injury !<)inll not he held in fault.
\\(h I' hi fcur ntSi s III trhirh thirr i> no harm in u.im:^ an iinprrca-
tinn.
(Ill < \v < IN !ii kni^ ! ihc four c.i.«-es in whirh imprecations may be
u«ed uitht 111 fniit are If any one without premeditation say, ** May
I hn\r jilriiiv of rhildren !" ** May iny eleplunl.*>, horses, and pro-
l^rrtv ir iu« re i«< <1 '" *' Ma\ I be perfect in uil iii\ members !" or
• .M.«\ ii;v r.jii.ilv he i5«M»d ' ' In ihr^-e impr(n:ati<.ns there is no fault,
h# « au^f ihrv h'lxe refert tire to ihe per?ori usiii;^ them.
\'tth 1 hi *"i-i ( ifM > ni trhtrh ihtrc i> hat in in : >*nt^ tin imprecation
rh< I' iir in»(an<e> in which tiierc is fiult in UMUg imprecations
«r( ihr^« It (MM he at enmi(\ with another who Ins no children, and
hr 'hill •*;i\. ' Miiv niv rhildren be de^tr^lyed , ' if one he incomplete
m his \irih' iiiemhiT!«. and the other knowiii]^ this ••hall sav, ** Ma>
iT)\ \M[\: h( •!• ^lr^•\< tl .' if «iieha*e property. < le[)haiit», or hor^e^»,
iioil th< »ther -hill -^a) , " Ma) my properi), elephant*, or horses be
<le''ir<»u'<! and if <'ne knows the i^ther to he if a degraded cla»:t,
and cali^ Miiprriaiioii?* <»n hi** own cl."i5>, — in thc^e four kinds i>f im-
prrrr.ii. II-. if oim* pirty ••hall sav only what i» ^ultable to the «H:ca*
• i«.n, ihai >ur!i a ihing < n^'ht t<i he S4», or that *uch a thing ought Ut
b< nhtaiiitd. aixl the other, with the \iew of degrading him, make
ih< «(• iinpn i-aiM'it«, he has no right tt) do m) ; let him bear the crim*
;nal puiii hiiieni of one hundred rtripct of a ratan. This it because of
hi:; iiipuliing language This my lord Meooo said.
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325
\i\fh. lltr four c(ir> in irhirh nnlmatr and i nan i mad property ^o^
nut ht' bought.
Thrre arc lonr reasons for not purchasing property, animate or in-
aniinattt, wliirh are : Ui, if the price fixed be below itJi raJtie; 2nd,
if ihf Sliver i«* aware thai the ownership of the property is disputed;
3rd, if (he article hr not seen, whether it be nenr at hand or at a di»-
i inr< ; 1th, it' the owner of the article be in confinement, or under
re*trami
I'lider these circunisiances, th(>iii;h the bargnin be public and in
the presence of witnesses, it shall conft^r no right on the purchaaer.
If the article may have been ft»rnierly of great value, and there be
none of the al»ovr ronntervailinjr rea><>ns, the market price at the
time nni>t he eon^^nlered. K\en if it he a ruby sold for oite pyee of
rice, if It he the price at the tirne, let the purchaser confer a right \o
the pr«>periv Thii* my lord Menoo said.
KND or THf. KLEVt.NTH VOLIMB.
(Bsucoooa
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LAWS OF MEIiOO.
TUB TWBLPTH VOLUMC OP TRt
GREAT WORK OF MENOO.
/ ttprthip (he god who is worthy of all homof^e, wkfi jMlftfMf OM In*
tuitivt knowledge of good.
CONTENTS OF THE VOLUMK.
In this twclf\h v(»lumc are laid down the s^Ten kinds of wivety Ui«
three u.iys of contracting marriage, and the law of diforc^
I. l*he seven kinds of wives: Ist, a wife like a mother; 2iid, a
wife like n ina.^ier ; !)rd. a wife like a younger sister; 4th, a wife like
• frieiul ; 5th, a wife like a slave; Gth, a wife like an enemy; Tib, t
wife like a ihief.
*l The law for the partition of the property in case of leparation,
nhen tin- hii«*hancl is dependent on the wife.
'\ Thr law U>r the partition of t) e property on aeparatioo, when
the hiish.iiMi and wife are hoth children td nobles.
4. The law lor the partition of the property on separation, when
the hii«*haii(i is a riohle, and the wife of the wealthy class.
.'> Tlw' law for partition on separation, when the hus2>and is a no-
ble, and tlie \\\\v a hraiinn.
i\ The law for th<' partition of the property on separciioo, when
the hu«*hr.ti«i IS a iiohle. and the wife of the poor clasii
7 Thr law r>r the |)irtition of the property on separation, when
the hii*>l)ai)(l i< imhlo. and the wite of the mercantile class.
^ 'Dm law tor thr partition of the property on separation, wbec
(he hii9han<l ih a hrainin, and the wife a noble.
\\ Tht law f r the partition of the prt>perty on sq>aratioo, when
l>o(h hii^lMiid atiil v%ilV are bramins.
Iti The law tor partition of the property on separation, wbtn tlM
husband is a t»rannn, and the wife of the rich class.
II The law for the partition of the property oo
(hf hiifhand ii a bramin, and the wife of the
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327
IJ. The law Pit <lie i)iiri]iiuii »'. tlic pri>|>eily imi fepartiion, wh«-ti
the hu^li.inil i» :i liraiiiiii, and tlic uife oflh* poor clua
13 Th'> Is" f..r ilip [.nriiiioii of ilie propetijr ou Mpuatioa, when
ihi- hiisl'oiiil K ofilif rirh claB!>, and the wif« a noble.
14 The Inw for ihe partition of the propertj on lepualion, when
tlif hii<I<nii<i IS of ihe rich rl.ii-i, and ihe wiTe a bramin.
lA TKc liM fur ilie parliium or the proper!; oii wparation, when
ilic tiii-liaiid an<l »ifr .ire lioih <irilie rich clw.
Hi The h« ii.r the parijiii.n of ilie property on separation, when
tli^ hu-li.itii! H "filie nrli. (inil the wife of the mercantile claw.
IT Til'' l.iw fir i!n- pnriition of the property on teparalion, when
ilir )m->liaiiil i^ ol' ihe licli, and llic wife of the poor cUw.
I»* The liiui- fur the pnriiiion of the property on leptraiion, when
the hu>linnd i* of llit^ mercantile c\ait, and Ihe wife a noble.
I'.t The law fnr llie parliiion of the properly ■ n ■ ,■ t ' i.i when
the hii-hii>d i- nf thu iiirrcmitik' ciasi. and the wif« ■ bramin.
■•'It 'I'hr hiv \'.,T (he p.-irtmiiii of the property on separation, when
(li.- hij.h:.ri.l 1. ..r ih<' ini-reniiiile cl.iM. nod the wife of the rich.
-I Til'- h.w It tlie jnriiiiiiii of ihe pro|tcrly on separation, when
th<' liii-hind :iiiil »it'.' nri' l.i.thof ih" inerranide elass-
fi 'I'hr h» 1 r ilie jiarlii >f ih" pr"(MTly on aeparition, when
lh>- ImkI'.iik) i« lift Ik- Tiirrrnniilc. and the uilc «f the poor class.
•i-l 'I'ln- hiv f^r iliu pnrinioii of the property on •leparation, when
If,. h<i~h.iii'l 1^ ofihr poor rh"-. and the wife noble
•21 Thr h« f.ir ihi- partiiiort nf the property on teparalion, when
tin- hinlnml It ofihe jioor fU-ii, and the wife a bramin.
■2.', TIl. I.iu for III'- pnriiiion of the property on separilion, when
(I,.' I.ii.I>^imI i> of ihr |,<..r clsoi. and (he wife of the wealthy.
•ill Tin- h« fiT ihr partition of the pri>perty on Heparaiina, when
\hr hu*li:iitil f> of till- |»K>r cUm. and the wife of the mercanliU.
■i' The l»» U't ihv paniiion of the property on •eparalion, wh«D
both are of ihe poor cI«m
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328
98. The law ofteparalion from a head wife on taking • second.
29 The law of separation from a lesser wife on living with tht
head wife.
30. The law of separation, the hushand having a head wife, a lea-
ser wife, a concubine, and a slave wife.
31. The law of separation from a slave husband taken on the death
of the first husband.
3*2. The law of separation from a slave wife taken on the death of
the first wife.
lV^. The law of separation from a thong-ya wife obtained from her
hidin;;^ place at the sack of a town.
*M. I'he law of separation from a pan-ya wife taken from the ene-
my.
3,'> The law of separation from a let-ya wife taken in battle, or in
the stornim^' of a town.
'M\. The law of separation from a bought wife.
37. The law of separation from a wife redeemed from slaferj.
3h. Tlir law of separation from a wife obtained in return for be-
nefit?* conliTftd.
3tr The law of separation from a wife given by the king.
40 Tlu law of separation from a wife received from a thief (sedu-
cer )
41 The law of separation from a wife taken aHer hating paid
larjjr (h'ht* on Ins acc«>uril.
4vi The law rei;ar(linjr ihe five kinds of wives who arc not to be
put away
43 Thr r'lve kinds of wives who may be put away.
44 Thr law by which a husband and wife may be compelled to
•epar.iie, though they do not wish it themselves.
45 The law when a husband has a right to kill biff wife.
4t) The ei^ht reasons for which a woman has a right to imprecmte
eiil ell, and abuse her husband.
47. Thr law wh(*n a woman may put away her husband.
If thr Mhnjo I.1W ucrc laid down ai larqe regarding these four and
fi«c' kinds of uMe<«, according to their good or evil, there are fifty-
four kiinN Thi<« 1 vsill explain
A.-iKaii^Ht iiHii th«*re are only three ways of becoming roan and
wifr, v%hi(h arc as follouH lut, a iiiaii ?fid woman given in marriage
by their parents, who live and eat titgether ; '2nd, a man and woman
brought together by the intervention of a go-between, wbo live and
eat t<»gether ; 3rd, a man and woQian who cooM togethtr by ■Qttttl
coti^ent, who live and eat tofeiber.
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389
1st. Of the seven kinds of wives: ist, a wife like « fm^kar; Sm?, m
wife like a sister; *Srd, a wife liken friend ; Aik^ a wift Hkt a
slave ; 3th, a wift like a master; 6th, a wife like am enemjf ; 7th,
a wife like a thitf.
Ist. Amongst wives taken in any of these three ways, i wife like
a mother is this : A mother, from the time her child is conoeiTed and
born, till he arrives at puberty, takes care that no bug8» gnats, mtis*
quitoes, or horse flies shall bite him. If he be in the ehtrge of ny
other person, she fear^ they will hurt him, or give him improper fixid,
that they do not love him as she does, that they may both love tad
hate him at the same time. If he cries of bis own accord, she thinks
some one has beaten him ; if others gite him the best of food, she
thinks there may be poison in it, and only wishes hiiu to eat what
she herself [)repares for him ; is contented if he be asleep or idle, and
be he dressed as he may think him handsome, she is happy. When
he sleeps, she will not leave him till he awakes, lest any thing bad
befall him ; if he ^oes in the sun or the rain, she is anxious aboat
him, and frars lot he should fall ; though she herself has neither rest
nor fiMxl, it lur child has, she is satisfied, wishes to bear his happy
voice, think>< <'ven Ins abuse and bad language pleasant, but qiiietJy
kin^rs and gently checks him, saying, *' these are bad words, do not
repeat thrni. my son," and imt of the hearing of others constantly
advi«4> hint in all matters as to the way it is proper or not proper to
^, the proper time for coming, the proper time for remaining, the
proper tune for >lfepinf^. the proper time for eating; adfises him to
avoid the five Mns of killin|r, stealing, adultery, lying, and drinking,
an<l constantly instructs him that the images, the laws, and priests,
the thre<' ^rvin^, are the proper objects of worship ; placea him with a
ffond teacher, and if he praise him, she is delighted ; wishes him to
be aprie«t . or if he remain as a (lay) man, wishes him to take a wife
from an rxrillont family, and wishes to the end of her life to attend
>n bill) III infatiry, wIhmi she takes him to her bosom, he pulls her
^air. kick^ and M-ritrlir^ her face and breast, bites and scratches her
lip^. and th<Mi/h lie relirvr hi«v natural wants on her, she as not dis*
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330
gustecJ. Ill this way, as t woman loves her child, so t wife (who
reflects) that this is the husband given her by her ptreatf, or the hut-
band got by the instrumentality of a go-bet wMn, or that he it the hus-
band of her choice, and she the wife of hia» and eats not aoless he
eats, and sleeps not unless he sleeps ; that he b a man, and manhood
is a gif\ from God, which a woman must use great endeavours before
she can obtain ; thinks him comely in eating or in dress, wishes to
dress and ornament him that he may surpass others in the assembly,
and wishes to know the reasons of his going out ; expects, and looks
out for him on his return ; wishes to give him his clothes (to dress,)
and prepare his meals for him ; and though he may go after other wo-
men, lets not others know it, but concealing the fact, advises him in
bed, when no one is present, (a curtain lecture.) A wife who thus
consults the wisho5 of her husband, and acts in this way, and has
good sentiments, is a wife like a mother, and such a wife ought to
be loved.
2nd. A wife like a sister is thus : When a sister arrives at puberty,
she l>ec<>fn('s tiini(i and bashful when it is becoming to be so; in her
goini; to the jungle, in her manners and cx>nrersation, in her clothes
and oriininciitH. she is careful and neat from the crown of her head
to th<* ^Av <if lier foot ; she conceals her person, and is reserved in
her jokin}T and conversation. She is bashful in the presence of her
brother, and keepn silent, remaining with her head hanging down.
In connection ("with her husband,) she is as careful of concealment
as a crow, and in this way, at proper times and places, to satisfy her
husband's desire, she will suppress her shame and remain quiet A
wife who in this way in all things behaves so as to render her hus-
band happy, is fiaid to be a wife like a sister.
3rd. A w ifc like a friend is thus : On going to visit a good friend,
he provides water to wash the hands and feet, and a gourd of water
to wash the face, a pillow and a bed, tobacco, betelnut, tea, sweet-
meats, and good food, and receives his friend with kind exprtssious
and a happv face, and aAcr having set btfort him food as above, holds
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331
iViendly conversation with him, and on hit deparlure rotket bivi t
present, antl assists hnn in his undertaking, gr^*t or aatll. Thus a
wife \vho«e conduct and l>enrin^ is like a good friend, meets her ha»>
band w hen she 5ees him with plea<(ant words, washes his feet, gifes
him his ch>thes, and havinrr put his place in order, gives him sweats
and 5onrM in proper time and place. A wife who behaves in this waj
is said to be like a giMxi friend.
4th. A ^vife like a slave is thus : A slave, when he has shampooed
his master, and fanned him to sleep, will not venture to cough or
^pit, for fear of riwakenin<; him. If he should awake, he is afraid
he will find fault on ofTorinjr water to wash his face, that he does not
know how to do it, or on giving him his clothes to change, that he
will «iny it i<« wron^, or on giving him tobacco, betel, or tea, that he
will say it is had, or 6nd fault on washing his feet, patting water to
hathe, {giving him oil to anoint with, or setting his (bod before him.
When the tiiaster ^oes out, he rubs his f<;ct, expects him on his re-
turn, fearing that he will Bnd fault when he comes; and fetriRg that
he will ^et u{) fir^t and find fault, leaves his bed, cooks the food, and
makes ({\u' hoii^e) clean. A wife who ministers in this way to a hos>
band, a<i a slave does to his master, is a wife like a slave. Of these
lour kinds of wives, the wife like a slave is the most excellent. Thus
the sa^e recluse called Mcn(M> said.
5th A wife like a master is this : A master causes his slave to
sham(x>o and fin hnn, to hand him his food and clothes, to prepare
Ins Ind and |m11o\\^, to procure water for the bath, to meet him on
hi.s retiirn honir. to ^ro with him on a journey, does not quietly tell
him whrri he ii wron^r, hat with pride and haughtiness addresses him
*' hev, y<»uftir' h.i<e slave! cxmtemptible I your father and mother
were poverty-stricken, dehtors, tlavos," and such violent expressions,
»trikrs Iniii with iiiv tliin;; that comes to band, kicks him without re-
flecting that he uork*) lor him, gives hiin no {^ihmI food or good clothes.
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332
Thus a wife who, as a proud tDcl haughty master speaks to his slate
addresses her husband, ** hey, you sir ! low fellow! dirty fellow !" who
abuses his parents and relatives, who herself takes the best clothes.
and gives her husband the bad, who at table takes the best food, and
gives her husband the leavings, who permits him not to say a word,
talking a great deal more than is proper herself, who in bed takes
the be^t place, and makes her husband sleep below on the lowest,
who follows not his advice, and accommodates not herself to his
withes, but obliges him to do as she pleases, is called a wife like t
master.
((th. A wile like an enemy is this: The disposition of an enemy
IS to do violence whenever he sees (the object of his enmity,) wishes
and contrives his death or destruction, and if he cannot succoed by
lorctt, pretends afiection, and gives him poison under the guise of
good fiKxl. If this is discovered, he bribes others by spells or charms,
or a charm buried under the house, to destroy him. If he ctnnol
get at hi.** person, he secretly contrives to ruin him by killing his ele-
phantii, horites, buffaloes, or by setting (ire to his property, his boose,
or by getting another to do so ; whilst speaking aflectionstely and
kindly. i> contriving his death or destruction. The origin of this
bad dis(H>9itiun is having been refused some request, which has led
t<» a quarrel, niul as the thing applied for could not be obtained, he
plot.h the refu.>^er's destruction ; such is an enemy. Thus a wife who
wif^hes to have a paramour, and believes that her desire can only be
accomplished by the death of her husband, by medicine and charms
plotf^ his death, addressmg him, *' hey !'* and ** you sir !" imprecating
e«il ii|Mtn him and abusmg his parents and family. Such a wife is
con<»idcrrd a wife like an enemy.
7tl). A wife like a thief is this : A thief plots day and night to ob*
tain the property of others secretly, stealing, and getting others to
steal, defrauding by changiag the writing or marks on goods, impo>
smg a bad article rt>r a good, or stealing in some of the twenty*five
wais (explained in the Weenee.) Such is a thief; and a wife who
999
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333
!i jTcKxls from her liusbtnd, or gives them tway to otbtrt with*
knowlc()irc, inicrUi to be called a wife like a thief. Thta ta
>aid of a wife like a thief.
e>c seven kinds of wives, the wife like an eoeoijr and the wife
hief, wise men of the law, if it be proved after careful eiUBi-
that they are so, have the power to give judgment aa in the
an enenjy or a thief.
hr law for thr partition of the property an septtratiim, mktn
the husband and ttif: arc the children of nobles.
shanc! and wife, both being noble, mutually wish to aeparate.
>bai)d having been allowed to take the clothes and ornamenta
unk, and the wife the clothei and ornaments of her rank, let
lainder of the property be thus divided: If there is any prc^
lat wa> a< (piired by the husband alone, or by the wife alooe,
party who separately acquired it have two shares, and tha
lie. iVoperiy acquired equally by both, or where both bad
il ^hare in the capital, ^hall be divided equally. If the clolbea
aments ni' the man are many, and those of the wife few, let
valiKil, and let the man make up the difierence ; if those of
nan :ire more valuable, in the same way let her make up the
re to (hr initi Let the father have the male children, and
lirr tl'.f tein.Jcs If the !Hms are too young to be taken from
Ik I. .tii«I are lett with her, and she from poverty sells tbem,
jivi- oiir ii.ilt of their price to their father. If the females are
\ the iitLrr. and h.e *( IN them, let him give one half of their
(heir iiiothrr If thr mother be dead, and the father being
sli.'il! sell all thr d.ii^hters. no one shall have the right to
him iiiil it thr I'nthrr be dead, and the mother from want
II the son*^. no .Mir *h.".ll have a right to interfere. Why ia
[»< ritii«r tlir p;\rriit^ are the owners of their children. It ia
^.iid, It thr t.ithrr take n >erond wife, or the wife a second
i. :tn<i tli^ t itlier ferll the ^oun, the mother shall have no right to
f . or it the niodirr shall sell the daughters, the father shallhave
t (o iiitrrtrre It jtter the father has taken a second wife, or
h( r .1 ^» •-«•[)({ hii^^hand. the mother shall sell the sons, or the
iir <|.i'i;rhier«-. Irt the whole price of the sons be given to the
md th'- whole prti e <if the daughters to the mother. This is
rii thr till)* r or motlier has taken a second wife or huahand,
« the rhihlrtn trom vxne other cause (than want) Whea
IS liMi);: uith hi^ tAthrr or mother, and a step^mocher or step*
[hry hii\r no ri^ht to «ell him for any portion of a debt which
[) rohtrartrd by the step-mother or step*father; let the f^lMr
rr to \ihom it belongs pay it. If the step^faiber or atep mm
\c no children, the own father and mother of tke duUT akill
wt death of the itep-father or step^moUier inkertllMr
?^9
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334
ty, because the children of a prior marriage are by law entiiled to it.
It the Atep-father or 8tep-roother have children, let the above-mention-
ed debt be divided into eight parts, and let the children of the first
marriage pay one. At the partition of the property, if there be debu
incurred during the time of their cohabitation, let them be borne
equally by both. Ai\er the separation of the parties, if the property,
animate and inanimate, be not divided, let it only be divided accord-
ing to the law laid down ; the wife shall not have the power to pre-
vent the husband taking another wife, on account of the debts and
assets not l>eing divided, nor shall the husband prevent the wife firom
taking another huaband ; let them have the right to form a new con-
nection.
There are three kinds of property acquired by the husband, and
three by the wife, as follows : Property originally in posseasioo (be-
fore marriage,) property acquired by ingenuity, by skill, and science,
and property given by the king — these are the three kinds of proper-
ty. The three kinds of property acquired by the hnsband are: 1st,
when the wife at the time of marriage had no property from her pa-
rents, and the husband had ; 2nd, property acquired during their eo'
habitation hy his !«kill, science ; 3rd, property specially given to him-
self by the king. The three kinds of property acquired by the wife
are Ist, wlien the husband at the time of marriage bad no property
from 1)19 parents, and the wife had ; 2nd, property acquired during
their cohahitation by her skill, science; 3rd, property given specially
to herself by the king. If they had any debts at marriage, let them
pay thotn in the same manner. This is when the couple have not
been before married, are of the same class, and separate by mutual
con^nt.
Thti9 ha.H l>een laid down the law for the separation by mutual con-
sent ot* a pair ne\er before married. When the husband wishes to
separate, and the wife docs not, or the wiie wishes to separate, and
the bu«sband does not, when there is no fault on either side, but their
de««tinie«< are not ca5t together, the law for the partition of the pro-
perty 19 thiR l.^t the party in whom there b no fault, but who wiahes
to separate, set aside what the king may have given (this part?,) with
el<»the^ and ornaments (belonging to him or his.) But of all iHher pro-
perty, animate or inanimate, the party wbhing to separate shall hate
no share , let the |>arty who does not wish to separate have the whole,
and let the other party pay all tlie law expenses. If there be no pro-
perty, aiinnate or inanimate, but only clothes, other than thoee given
by the km;;, let the pirty wishing to separate have only just what is
nece^«ary tor wear ; all other property let the party niH wiahing tose-
psf att have, and if there be debu, either of long standinf or lately
C4»ntracted, let the party wishing to separate pa? tMn. Of all other
clothes besides those given by tha king, let the wmn (if be be the
party wishing to separate) ht?e only oim mh of ■Ma^i clocbit, «M
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335
putso, one j&ckct, one goun^-boung, one iword. If the worotn be th«
party wishing tu separate, let her have a woman's clotb, a jacket, a
scarf, and a girdle ; the!*e are the articles of female dress. Besides
these, let her hnve her cloth woven and rolled up on the loom, the
*oom, the shuttle, and other implements belonging to it. If they have
no deht5, and no other property but that gi^en by the king, let each
take what they arc entitled to, and let the party wishing to separate
pay the price (of his or her body) according to their class to the
other. This is the law when there is no fatilt on either side, and
when one wishes to separate.
If under the !<atne circumstances, the husband having taken a lea-
ser wife, sliall abuse and l>eat his first, and it be proved that he has
in any way oppressed her, let them go together again and live on
goo<l terms. It* after having gone together again, the husband shall
behave in the same way, let him leave the house with only one cloth,
and let him pay all the debts ; wise judges may decide thus. But if
the wife say she does not wish to remain with him any longer, that
she wishes to separate, let them do so; let the property belonging to
both be eipiallv divided between them; and though the husband de-
rlare hi*< uiiu illiri^ness to separate, let the divorce be made as if both
wrre coiiMiiiiii^r. This Menoo said.
Ill aiin([i( r CISC, when there is a written engagement, and it is
proved thf Im^h.iiid has oppressed the wife, \H her nave the whole of
the prop<>riy, nniinatc and inanimate, belonging to both, and let the
hu<^l)aiHl lent the housp with a single cloth, and let him bear all the
c!eht<« . if tliPFi' \tv neither debts nor property, let him pay the price
f>f hi^ Im^Iv. 'riiu> It IS said.
It (he iHirliaiid has strong suspicions of his wife having a paramour,
hilt i« ii«>( (}t:it>' crrtaiii, if he f*ay to his wife, *'you have an affair with
fiiirh a niir, ' and »he replies that it is ncH so, if he also gives notice
oi Im 5(i^piri< n« to the itian sus|>ected before witne««es, and he also
HrriK'H till* tnitli of ihr allegation; if al\er this the wife, having sepa-
rated from IxT liu«h«irid. shall go with the suspected man before the
prof>«rtv I* divided, let the husband have damages as if his wife had
hreti K4(liirrd (M\ty tirkals of silver;) let her also pay the price of
her lH»<iy (turiity-five tickals.) and let him have the whole of the prcv
per(\ It ii)<* wil(> rtally have a paramour, and admit that she haii,
j**t i)m hii^hind olitain the damagci«, the price of hi« wife's body,
and t.-ikt- |H)^^c^6|oll ot all the property. Thus the Kage Menoo hath
•aid 'Dun is said when neither husband nor wife has been before
marrird If both have before been married, and they can show no
fault in each other, but mutually wish to separate, lei eaeh take the
property brought at the time of marriage, and divide Out debla be-
tween them (up to this lime ) Let them divide equally whalerer
(^£iico£Scoggo§t|Si!^<^c^^8ico£oDG^sMOggo«^6'a3^taB^&
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CO Jill
336
property thry may have mutually acquired, auunate or intniinate,
and let them pay the debts contracted after marriage in the iain«
proportion.
There are two kinds of property acquired during marriage, wliich
are thehe ; property or debts inherited by cither party from their pa*
rent«(, and property acquired or debts incurred by them mutually and
conjoinily. Of these, if the husband have inherited property or debts
from his parents, it is more immediately his; let him have two shares
of the property, or bear two shares of the debts; if it be on the wife's
side, let her in the sama manner receive and pay. If under the same
circumstances the husband wishes to separate, and the wife does not,
or the w tfe wishes to separate, and the husband does not, let each
take back the property they brought at marriage; but of property ac-
quired smce, which is the common property of both, the person wish-
ing to separate shall have no share ; the party not wishing to separate
shall have the whole, and the person who does shall pay all debts.
Thus it IS said.
Property obtained by the royal bounty, property in possession at
the time of niarriajre, property that either may have inherited from
thnr parents after marriage, these and the profits on them shall be
con?idered as property acquired during the lime they were together,
ami in ^icrordanre with this let the property be divided.
4tk The inir fvr ihr partition of the property on stparaiian, whtn
the hu>baitf{ is nohlr ami the wife of the rich class.
oth. Jiii.-httnd noblf — wife bramin.
Gfh. Husband noble — wife jioar.
1th. Husband noble — wife mercantile.
>^th. Husband bramin — wife nobU.
\}th Husband and wife hoik bramin
MUh. Husband bramin — wife rick.
Wth Husband brcunin^-wift wurcomHU.
Vlth. Hu sband bramin — wife pamr .
\:\th Husband rick^^wife npbk-
Mtk. Husbemd rick^-^ft hrmmim.
15M Husbamd m^ m/4 bHk ria.
CO J] I.
COulji
couli'
COulli
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03^!. ■ «c^cgo3^!f^gosc33Sco^snix£ocoo»gSeoo@ia^
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J
837
\ijth Husband rich — tcife mercantiie.
17/A. Husband rich — iri/V po0r.
IS/A. Husband mercantile — wife nobU.
IO//1. Husband mercantile — wife a bramin.
*0/A. Husband mere ant ile^-^wife rich.
*2I </. Husband and wife both mercemtiU.
*Z'2nd. Husband mercantile — wife poor.
*i'ird Husband poor — wife noble.
'il/A. Husband poor — wife bramim.
'2ruh Hu: band poor — trif'e rich.
'ir»/A Husband poor — wife mercantile.
'2'^th Husband and wife both poor
Th^^• (litTcrnit kind^ of hu.tbands tod wives have beeD eDUm^ri*
I i\n>\o th It (hi ir xparatc classes maj be known ; but ihoogh Um
•>« \'i' (iiilVrtiii, tlicy have beccMoe ro%n and wife, and the law
ik* '^ ii> liitV* rt iicc \%ith regard to their separation. It must be DO>
I (hit what h45 tx'in ^ald above regarding thf separation oft n^
d witf. hotli the children of noblet, is the law (or all.
*^
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^38
flic law ft)! the partitii»n of llie property between the wif6| or wives
and children, on tho death of the husband in any of thene cases, is aU
contained in the chapters oh inheritance. What is now decided is,
'whether the property 8hall he divided or not on the separation of a hut-
hand and wife. In different law books it is laid down in different
ways, here it is all in one, in the chapter on separation of man and
wife.
m)th.
I will now Iny down the law whether on the separation of a has,
hand of the iiohlc from the wife of the hramin, wealthy, mercantile-
poor, or interior classes, there shall l>e a partition of property, i. e.,
whether the wife ?«liall have any or not. When tlie husband is noble
and the wife of the hramin, wealthy, mercantile, or poor class, and
may have been a slave of any one of the six following descriptions —
a ^lave pnrcliased outright, a slave pledged and forfeited on failure
of payment, a slave pledi^cd for her proper vaJue and still redeemable,
a ^lave plrdijed for half her price, a slave living in the house as se-
curity for the de!)t of another person, a slave serving in the hoaae, her
own det)ts h ivnii; hcen paid for her. If any man take a woman in any
of ibe^e SIT rondition** lo wife, and eat <Mit of the same dish with her,
but afteru«ird<4 di»likin2 her shall i»ue for a separation, if it be proved
on en<juiry. iliat the liii*»l)and wishes to !»eparate, but the wife does nol,
let the f.iih«r have the sons and the wife the daughters; let the wife
Teturn to the hii-hand the money originally paid for her, the presents
made her. and the amount expanded in paying her debts, because
lhe\ were fjrown lo her before marriage; they are her original debt.
Let ilif v\itV, the party nol wishin<; to separate, take the whole of
the proprriN. anmi'ite ainl inanimate, actfuired after they became
man and wife, nnd let the husband pay the debts mutually contract-
-ed durinrr \\]r ^nme lime. Why i^ this* — t>ecause a slave is bought
for rnon« V. Imi the in.»*»ier ha-i no power over life and death ; the mosi
#xce!lrnt kiiiij «»nly has power over life, pr«»perty, and fortnne. Also
i'«>r another reason l>eciiiHe he voluntarily raised her to the rank of
wife. vMit*) the full knowledge of hei lieing a slaie.
If a slave, nol heloii;;ing to any cla^*^ of royal liereditary aervanu,
but an here<liiary t^lave whose ri^^ht of redemption is ettinct, be made
a wife, and eat from the ^ame dish, rnd if the husband shall with lo
separate, and :ha wife shall not cofiseot, lei him have the hflil loM-
parate. and if she sue him for her price, lei htr have it If Ibe wile
ueotosoe^ic^coaSccSeco^i Oi :ui uecoo c^uo^^ 0C&oaE>a»ii&
sracga^^^scocgSic^ng^uQgScgiccooaDoSaaotoac^rMst.a
p9» :^*qr^ua)oig§c3ooo»o«p»crxJlii
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339
(for fear of being reclaimed as a slave) shall, on condition ofsepara*
ling from the husband, offer to redeem herself, and the husband shall
receive her price, let her be free ; and if she wishes to take another
husband, neither she nor her children shall be considered as slaves.
The children born to the master she shall not sell during his lifetime,
but after his death, if she be pressed fur want and then sell them, let
her have a right to do so. If the master die without leaving (other)
children entitled to inherit, let the children of the slave mother inhe-
rit all his property. Why is this? — because they are his children.
33rc/ The law of separation from a thon^-ya tnife obtained from ktr
hidinir place at the sack of' a to%cn.
Ths law of separation from a thong-ya wife is this : If a husband
who had a wife before shall bring home a captive wife to her, and if,
without there being any fault in this captive wife, he shall wish to
separate from her, let the head wife have one half of all the spoil li-
ken in the war, animate and inanimate; the other half is the hus-
band's. Having divided this into equal shares, let the captive wife
have one, and out of it pay the price of her body to her husband. If
nhe have a inalo child, let her be free without paying her price ; if a
female child, lot her pay one half. If she have any debts in the place
nhc wa.i taken from, let the husband pay them. Why is thisf — be-
cau!«C' ^hc has oaten out of the same plate, and is equally a wife with
the first. If j*uch a captive wife shall wish to separate, all the pro-
perty sho po«H04ses shall go to her husband, and she shall also pay
the prico (»f her body. I^t all their debts be divided into two shares ;
one half tho hoad wife shall pay, the other half is the husband's ; this
the pirty wishing to separate, i. e , the captive wife, shall pay. If
the hu!«Uand dwes not wish to separate from the captive wife, but (Vom
the hoad wifo, lot her (the head wife) take all her husband's proper-
fv and hor own also, but not the property of the captive wife, and let
tho husband hoar her debts If it be the head wife who wishts to
separate, iii tho same way let the husband have all the property, and
let her pay the di bts. If they separate by mutual consent, let them
divide the property equally; if any part of the property shall have
been acquired by one in particular, let that party have two shares.
and let the debts be paid in the same way. If the captive wife and
husband separate by mutual consent, lei th« husband have two shares
of all the property of both, and the captive wife one. and if there be
debts, let them pay them in the same proportions. This is the chap-
ter regarding separation, when there it one heed wile lod one cep>
five wife
?9°
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340
.14//r Thr lair of reparation fr^m a paM^t^a wife taken Jrem the
enemy.
Tlir law c)i reparation from a pan-ya wife is this: If aPcr havinn^
rniwl a wmnaii thus taken to the rank of a wife, nhe wish, a^^aini^t
thr inrlmatinti of her hushand, to separate, lei her pay to the husband
tlie price c.f her hody, and discharge all dehls incnrrrd by them both
jointly. Though it is thus laid down, yet if the captive woman haver
no rrlation^, or any one to help her, let her pay only the price of her
\^oi\\ if ii he the husband who wishes to separate, he it the lord of
her life ; Id him hrivc three shares of all their property, and the cap-
iive wife <ine. She shall not pay her price. I^t them pay the debts
IT! proportion t<» their hharc of the properly. This is said when the
woman has children. If she have no children, let her pay her price.
.li^/A. Thr law of separation from a Ut-ya wife taken in battle or the
storming ^f a town.
The law for separation from a let-ya wife it this: At a time wherT
he^ life w.!** at her husband's mercy, he did not take it, but raised
her to be his wife ; he is her benefactor. Though she be a wife who
hn^ ratMi out of tho same dish, if the husband wish to separate, site
• hall have no ^h.ire of the property or of her price; let her pay the
prirr ol her lih* to her hu*hand. If she be the party wishinjj to se-
iioi |>arat» . !• i hrr pay <h»iil)le the prire of her life. Even if she have
tak( II a {> aramonr, he has a right to sell her. If she have had chil-
drrri, he >hall nni •.(•II her: let her only pay the price of her life.
Kei^ardmi! the laws now laid down, the thons(-ya is one taken in
fhe disirict wlwre there is fi^htinc, whether it be with the kini( of
another rouniry, or a prr«ion of the same country making a disttir-
hanrr ihrrrm. If a woman l»e caught in the small jungle village*
r»n»i l-roii^-[it home, she is called a thong-ya. The pan-ya is one ta-
k«n III tLr (ii-'tricl conrraled in the junjjir, or taken from another
uli » wiH « irr\iu^» her otf: *lie is called pan-ya. The let-ya is one
u^).., Ill iIk- hf »i of iijlit. 1" 111 the greatest dnnirer of be in;j killed, but
wh.v^r lit«* IS .•paffd, who is brought oft* and taken to wife; she m
n!l,<l 1« I y.i By tJitsr rirrufn«taucet, connected with them, the
\\\ -i)i:-\.i. ) Tri->a. ifj i !«'iyi nre di«(in;:inslied, and from these circum-
^luju (s ar»- iiam«'<l ihi«nir. pan, and let«ya
'M\th. The lair of upar(tti§n from a bought wife.
WKiti :i III 11 h'ly.H a woman and makes her his wife, or a woman
hu\f a ttriii and tiiake^ him her husband, if the husband shall declare
thai he will not remain longer with the woman, that he will separate,
and It ))*• rr.tlly insists upon doing so, although tha bought wife w
f^< t coR'^ontin^. let her pay vhe price for which abe waa origin all^p
I
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d
u^lit to her liiisliand ; let hor have all the joini property, and let
^ husband p.iv all the ilrlits. In the ca.<e of a wife having bought
iiusb.ind, lot the law he the ^aine. . If the separation be by mutual
riseiit, lot the on^rmil price be repaiii ; let them divide the proper-
and j)ay the del)ts e«nially.
17/A. Thr law oj <^i partition from n trifr redetmrd from slavery.
In case a man oi* woman has redeemed a woman or man froin ala-
x)\ and tak'Mi ihem lor a wife or hiirbaud, the law for their separa-
•n i« ihr «ain«' as above.
th. TUi law of St par f:f ion from a trifr obtained in ri turn for bene*
fit> ronftrrcd.
The law ol" st'paratu>n from a wife or hii^^band olitaincd in return
ben* fiis eonfrrrt J ; Those benetils are, savinjf of life, curing dia-
»e, relievni;/ in trout»lo, or assistin^r m business. A husband and
fe whn bootuno ^<» iVcin this Cuuse, whether the benefit be confer-
1 bv the uiic or ilio lniobind. slmil not ni.-ke anv demand on that
count The pr.'pcriv acquirod wlul^t they were man and wife, the
rty uislnn:; to *rp tra:** shall have no share in : let the purly not
9hinir to s,p .r.i;c ii,\i> nil, and let the party wishing to separate
y all tho drl)i> in«iirrcd b\ b(»ili. If they separate by mutual con-
It. lot tlir Imi.<i '.itor liaw two hhares f f the property, and the re-
i\or of ili<: lit IK tit (110, and <>f tho debiy let ihem pay the same prp*
rtion*
tJ**//i T/'ir hitr f'iir <, luivfifiiiu from n w:ff Sfirn br/ the king.
The i lu tor -' p .r'timi briuorn a man and a wile given by the
I;; is th:-> It 1 not n;. mi |>v (hi^ I'l.a t!i( y art* ^ivon in marriage
tt.«' km.'. \ lit .\ 111 ;i a ni :n «-r v\t»nia:i, who hr*. been jjiven by him
ascr\ant. •«!» .!l I»o«».|!j«' hM-b.-ind nr v ilo. If the^c ^cpar ate by mu-
ll ro:|v^.|,| I, I If;, .r pr 'p'-. t\ .ind tl«l>ts be divided into three sharea ;
\\\v III ^i. r . r iin-trt - i*.ivo i\*o -liare-*, ant! pay two shares of the
bik hi (!h i i>hiiiJ «.r uifo i;i\<u by tlie V\\\^ have one share of
' prt>p<rt\, :-.h(l p :v «>:.(- -•hare of the (Ji bt:(, but not the price of his
\\t r I" m! \
ti\ T' r /.;;/■ of" • • jttirc! :ii'i /'rtiin a trif* t aim from a tMtf or rnemw
Uo^'irdiii:: t \si:i' taken fro:n a thief or enemy, it is thus said : If a
shim! or wii'" ••Stiiiid b\ re>cuiiij thoin fmni an enemy or thief
I ho M I « I r.irr\iM'; ili' •;! .it", \u*h to ^eparnlo, and the wi»h be mu-
d. • r int«Ti ifitd bv t!io i)jrty tiken a::ain{«t the inclination of th«
istcr <'i th«> •■(].( T s liif. first lei hini take all the property mutually
pnr«d. and i» i (il.»* p«rty wishin); to Mpirnii ) pay the price of life
tht rniifcrri r i>t tin briiefit v% i^h to r^apiraie. and the party taken
•in tho thief or onoinv do not. let tl e price of the body be remiltcd ;
t all propo:t> let tho parly wuhiug to separate, the master of Kft,
vr. and all ilrUin innirred after they became huatiaQd and friA, kc
• party wmhinff to «^'parate pay It is thus simL
05
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ilsi, Tkt Uiw of separation from a wife after having paid Inrge
debts on her account.
The law of separation from a husband or wife for whom large debu
have beon paid is this : If the party who paid the debts wishes to se-
parate, though the party whose debts were paid refuse consent, let
the whole debt be paid to the party wishiug to separate. Lei the
party not wishing to separate have the property of both, and let the
party wishing to separate pay the debt«. If they separate by mutual
consent, let the party who originally incurred the debts bear them,
and let each have half the property mutually acquired, and pay half
the debts mutually incurred. In this case, should the husband have
expended any of the wife's property, or the wife any of the husband's,
let them have a right to do so ; but this is only said of profierty of a
former marriage in the possession (of a husband or wife before mar-
ried) at the time of (strond) marriage. As it i:* not so laid down in
the case of a husband and wife married for the first time, it will be
proper to decide in such casc^f as above prescribed.
A'2nd. Thr Imr rrf^nrding (hr fre kinds of wires who are not to be
put cnraif.
The five faulis. for the commission of which only separation from
a wife «ha(l not l>c granted. The hve improprieties are these, and
if one, two, three, four, or five be ct>ininitied, I will lay down — 1st,
improprieties with regard to dress; 2nd, improprieties with regard to
foo^l ; \\xi\, improprieties with regard to men; 4tb, improprieties with
regard to property ; oth, improprieties with regard to behaviour. Im-
propri»'tir«( with regard to dress are these: If a woman, in health or
in 9icknes«. at a play, or where there if no play, or in going to the
house of the dead, through want of c^Misideration does not dress as ih
ihr riiHtrun of the district, or if not having (clothes) she buys them
for morr than their value, in order that she may be conspicoous, and
for the mere ]>ieaMire of wearing them, and hairing collected more
thnii aro l>ecoming to her station, dresses extravagantly night and
day. and conrealiii}; them from her husband, only puts them on with
the %iew of ffurprii«iiig pc4>ple, and being talked of for the narober of
dre«%«*rs she has ; if she gets in debt to procure them, even to the sell*
loi: of her children for slaves, or if she wishes her huaband to wear
inferior clothes to her^lf ; a wife who acts in this way is said to be
one who acu with iinprcjprieiy in respect to dress. On this saous
impropriety in regard to dress, I will record wbai bae been taui bf
^'minent teachers According to the sMteae, er m the ooct
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343
be. joyous or niolaiicholy, the dress proper to the cIms to which
wearer heloii^s must l>c considered. The classes are the noble,
jrainiti, the vveiilthy, the mercantile, and the poor class. Id these
cl.t*i«(vs if tiic iKihles amoni:i»t themselves, the bramins amoopit
iscIveM, tiic uealthy class amonirst themselves, the mercantile
n^st tlieni.Hclve«, and the p(N>r amonjrst themseWes, do not WMir
dre^s proper to their class, hnt being wealthy, and consideruig
they can easily afford it, shall, aJthougbofaii inferior class, inii-
the (irr>s o\' .1 hi^rhor one, this is not in accordance with the or.
of ilie prince, the sacretl law, or the opinions of this world; it is
ult, and one description of impropriety with regard to dress.
npropnetir^ in r< a^rd to eating are these : If ^a wife eats before
hnsbann, if ^hc eat« rre(|ucnt)y without his knowledge, if she
s the best ht r<-elf, and gives inferior food to her husband, this is
Besuies tlii«, tl ere are three kinds of impropriety in eating,
ch arr, eatiii;: the usual and proper focMl to such an eicess as to
le Mrlviu'*s ; caiiiiir raw meat witli the bloo<l in it like a man, eat*
ifi an utiii«ii tl w.iv, \^ itliout regard to time or season, in the pre*
-r <i iii.iiiy |.(N pie A woman nho eats in these three ways,
ch .in- to lie .-tv( iiird, is a woman without fetr or shame, and is
to he ^iitli\ nf iMiprnprieties in eating. Many cups containing
u]ry \\)*'i\, ^urrtv. .ivtrm^< tit"*, hitters, pungents, acids, are said
>e prop* r t^r w* m . ii a woiuan lays ott in this way many cups, or
III «»nr < i»p. »i i^ r\( ( -»' in eating Whether done openly in peo-
' prr«4iirc. <>r pri\ .itciv without the knowledge of her husband,
utii lii"^ kii-.w !.•(!:;<' It I- r illr-tl impropriety in cKling. In another
' ; w\\r\i ^. \i ril |>«*< j»Ic are e.itinjj together, dipping the fingers in
IV <ii*>lM H. <;. Ttiii^r |||, and sittinyr down, standing, moving about,
ini; li(<<, riiiii;; III any of these wa)s is called impropriety in
nj
npropFK tie<« w \{\\ nijard to men are the«ic: If a woman puts OQ a
liiii: I or to nny oiir hitt her hu^hnnd ; if she takes hold of a man's
d, I nijli«.. niid m.ik* * her*»elf hnppy ; if she calls any man with a
k lo III ik« fro ixi^ with lii*n. and n^ks men on piutsing and repasa*
III •^it tl«>uii if oIh', thnu;;h not caring for female companions,
».* ilu s.«( ni\ "f i!M II. if •'he spunks to or lays hold of even her
I •Mil) uitli a \n*>h to l>c hnppy* after he ha* attained the ageofpn^
r, witliniit roiisideriii!; that he is l<io old to sleep with; ail these
ialle<l ir.iproprictu--^ with regard to men.
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344
Improprieties with regard to property are: If a woman puiathinga
ouuide the house (in the verandah) which ought to be placed in, or
things inside the huuse which ought to be out, if, although hating
little to spare, ffhe spends much from ostentation ; if she makes large
unsuitable presents without the knowledge of her husband ; if she pla^
ce^ things in exposed places that people maj see them, thoogli they
ought to be carefully put away; if she is constantly making a display
of ber wealth to others, these are called improprieties with regard to
property.
Iinpr<tpricties with regard to behaviour : If a woman, who ought to
behave with proper reserve 9n hearing the voice of other men (than
her husband,) or even without hearing voices, looks out of the door
of the platform outside her house in all directions, never keeping her
eyes or face still ; or if on going along tlie road, on hearing the
voice of a man, or seeing him, she immediately turns her bead and
face to look at him, this is called impropriety in behaviour.
A man may not put away a wife who is guilty of any or all of
these impro[)rieties ; he has a right to chastise her with a huHock-
driver's wand or split bamboo on the loins, posteriors, or feet If
after one, two, or three chastisements, she quietly laya aside her had
habits and lives correctly, it is not proper to separate from her. If
ihey do .Hepnfdto, it hhall only be permitted on the husband giving her
all she i*< cDtitled to. If after frequent correction, she still continues
her bad liaiiit**, l<t each take the property they had in poeeesiion at
lhe tiiiu' nt* inarriauf ; let the husband take all the property acquired
by both during the time of their living together, and let him pot her
away, ll titey have no property, he shall not take her price; he shall
only have the rii;hi to divorce her. If her habits arc those above de«
tailed, and >lie wi-h to separate, contrary to the inclination of her
husband, let hirii take all their mutual property, and let the wife pay
hini alM> her price; so it is written. One half of her price is also
laid down. If there be any debts, let her alone bear theoi. Thoa
the sa^e recluse said.
The M\ hahit.'*. actions, for which a wife shall not be pot away are
these: Nt, drinking intoxicating drinks; 2nd, having no order or
neatness in lirr donieMic economy; 3rd, scolding her hoebood; 4ih,
who, forgetting bene6is, reviles her hoahaod in hia ahsenoe; 6lb»
who is in the habit of going to otbar hooset, and freqoently itttiog
and talking there without reason; 6lh, who is in the haBit of flan^
^53 .
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315
trig 111 (hr door oi the house wiiliout reference to the tiiiiu of the day,
and on hearing nicnh' voices, looking out and listening.
A man shall not put away a wife for one or all of these habits, but
9^ It 19 laid down above, let him correct her three limes. If be con*
cinue to live with her, if he cannot master her, and she continues her
former habits, let the decision be the same as abote; let the law ia
both ca.'*e!4 l>e the same.
A'Artl The Jive kinds af wives who may be put away.
IMie fne kiiid^ of wive^ who may be put away ore these: ]f a man
and wife have lived together eight or ten vear», and had no children,
the wife i^ a barren woman ; a woman who ha» had eight or ten fe-
male children, and no son ; a woman who is aiflicted with leprosy or
epilepsy ; a woman who does not conform to the habit« of her class;
a woman who will not act accordmg to the desires of her husband,
who han not ^(^iial love for him; these five wfimen a husband may put
away
By piittid^ away, us not meant that he may take all the property
and put hor away, but if he wishes he may take another wife, and (a
\%-ife*a!i aUovp) shall have no ri^ht to oppose his wishes; thus she may
\*c snid to hr put awa\. Tliis in one point i(fl|^is matter.
A uorn.ni u ho hn<i lived with her husband eight or ten years, and
had in» I hildrf-n. is •^aid to be barren : hut sometimes the cause is with
thr» !n;iii. S4»rnr»times with the woman A wife who does not conceive.
>%hti h.i^ no < liiiflr*-!!, if the hiisbnnd bejTets children with another
^%(•^^..f^. HK- fauit iv with the woman, and because there is no fault
)ti ihr liviii. the w«»nian is «aicl to be barren
I will Tv\i\r niiMiher cr.^e : A woman havmjj long mustaches* or
uhi^kfT^. stuall !><»!, and larjje hands, who walks with nn irre^jular
^'lep, and wlio h.s ii » l>rea>t!*, is called barren. Wuh such a barren
>%i>in.iu It »•» improper for other people to Mt on the same level, or to
ctMwvTM' on r«*lii;intiH «»nhjects, because It is the cim^ecjuence of bad
«JrrtJ> i:i a tornur '•tite ol existence , a hustiand may i*ut away such a
u.iiiaii; ihii*^ il • Nu^»r rrcliise said. Bui in putting her away, the
iiu^h iijd hail h i\e m«> n:»ht to tak^ the property she brought with her
at inarriapo ; lot hini give it up If the wife brought no property with
her at murr!agc, and there be property acquired by the axertioaa of
h<^th since, the women have one tenth and all her elochca tod ern^
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346
fnrnt5, and let the liusband put her awty. If i\ic man on taking an-
other wife sh.'ill have no children, the fault is with the man, and the
woman ouirht not to be cnllod barren : he shall have no right to separate
from her tinder the plea of barrenness. If the man wishes to separate
and the woman does not, let the man give the whole of ih» property to
the woman, and so let them separate. Thus the royal sage hath said
I will state more fully the law in which it it said a wife who has had
eight or nine daughters may be pnt away. It is not meant that the
hu^band has a ri^ht to put tier away without giving her her property,
animate and inanimate ; but if he wishes for precious male children,
which are superior to females, he shall take another woman, and the
wife nhall have no right to prevent him ; he has only a right to dia-
continue connubial connection with her. If she have borne, without
any male cliiM, ei<rht. nine, or ten female children, and the husband
wishes to put her away, let him; having divided all the property of
both into two parts, give one half to the wife, and let them pay the
4lebtB in the same proportions. Thus the ancient teachers have aaid.
This IS only ill a worldly, temporal sense, i will state what is con-
lained in the l.iw ofiiatidama. There were three daughters born to
kinjj Ke-kr, ami there were none like unto them, for none of the
three t«M)k huHlniKN, l>ui were happy in studying the scriptures, and
in the time ot our lord (jaudama they became, as it^ well known, Wi«
thakh.1, Slu ii^-daynia. Oopa1aw(M>n. Because it i!« thus written in
the «.icred b«M)k. it i-* not right to say a wife who bears only dangh-
ierj» i*< <lr^rr:ul«Ml Kven a man, if he has no good habits, is worthless,
and a wmnan, if her habits are good, may be excellent. This i«
written in the book of the laws, and by keeping this in mind, wine
men are to decide after due deliberation.
Of a diseased wonnn it is .said . If a man, knowmg a woman to be
afHified with lepriiny or epilepsy, shall take her to wife with a view
of obtaining her property, he shall not put her away ; let him employ
phv«iri.-iii-« t«t relirve her from her disease, and attend ou her himself
If by ih«- troaiiiHMit ndopied she is not relieved, let him take posse*-
^i4>ii ol all lirr proporiy, attend to her, and procure for her medical
treatment until her disease i« cured ; or if she die, let him bury her.
Let him (»nlv cvn^r to have connubial connection with her. If alter
he has thus ceased to have connection with her, and taken another
wife, the Mirely diseased party shall say she alao haa a claim for ma-
rital rights, II shall not be allowed ; it is lawftil for the man to eea^r
i^ivtng connection with her If he lake the property of hia diaeatag
?91
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347
i without tuktii^ care of her, enjoy liiinsHf wiih mother wife^
rad innii of thr district, or her relations or friends, take po«-
>f ail her prttporty. nniinato and inanimate, and support her.
*ai(i.
>thrr caso: if afior marriage, in accordance with her fate,
hciri^ fro<^ from the innuence of former bad deeds, she shall
vO(i, lot tlio man employ pliysicians to attend her. If she be
(1, itiid tin* tiiishaiid take another wife, le* him have a right
If ?«hp (tho wifo) say he oujjht not to cease ioterccmrse
, It t hiiii ^'ive her u hare siit>Hi8teiice and separate from her.
isliar.d ui'«h(>< t«> >rparati\ and the ilisea^ed wife will not 600*
I >a\«=; sho will takr her subsistence, let him giTC her one
ill tluir property, and let iheni separate. If they ha%e chil*
L hall nt tljf propfriy he ;:iven to tlicm, and let them take
hoir inotlMM li 1^ not said the hii!«band has a right to take
roprrtv aud v^pnratp ; he c>hall only cease connubial ooonec*
rnni^ pumii^' away a woman who does not conform to the
r hrr rla^«-. hut addicts her«elf to low* habits, it is thus said :
lari. wiihnut rcif^ril to the credit of her family, takes a para-
r withnit titc ku«'wledi:e of her husband steals or conceals
irt\. ii I- Hot Slid th<> husband ^hall on! ¥ cease connubial in-
!• wiib i.( r ; h»'r hahiix aro had; she has certainly no regard
Minr ot iu r t.iniily. For this reason, let him take all the pro-
id li.i\»' .1 rii!*,! lo put her awav
u tin. Ill wh.i Will nut cnniply with her husband*^ desires, it is
r d> >ir( < art- not toward him, her wi<heA are not the saOM.
<> l.i>t ui'^i in«''\ It't hiui h.i«c a riRhi to put such a woman
7k Itnr }>i/ tr.'ii, h n hushaud and trifr matf bt eompeiitd i0 «#-
p(ir<it<\ f'tmt^^h tli'tf do not triih it ihrmselres.
.\\\ wth II a hu^^haud and wife, though they do not themselres
1,1 V, pnr ii(\ may h«' nhlieed t*) do ^o : If a daughter, lifing
)«• proi« V ti.ii of hrr faihi-r and mother, shall, without their
ruii otf uitli a man, tliou^h she may have had ten children.
\^]\ -li«- and h< r husband do not winh to fieparate, but to live
It tin' pannis of i\\c woman wish to separate them, they
,♦• I ir p .\N< r Thus Mcmio, th« siage recluse, aaid.
/i 77u hnr trhrn tt husband has a right to tell kis wife.
aM> in which a husband has a right to sell his wife is this :
\ husband and w ife have lived together very happily, the wife
vc a paramour, and »he have neither debts nor properiyi l#l
)and have a right to sell her.
991
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347
witV, and vMthout taking euro of her, enjoy himfHf wiih mother wife,
let tlir head innti of thi- district, or her relations or friends, take pos-
session of nil her proprriy. anitnato and inanimate, and support her.
ThiH IS said.
In anotlHT case; if after marriage, in accordance with her fate,
and not Ucin^ free from the influence of former had deeds, she shaJl
be attacked, let the mnn employ physicians to attend her. If the be
not cured, and the hu:d)nnd take another wife, let him have a right
to do so. If hhe (the wife) say he ouj^ht not to cease intereonrse
with her, let him ^ivc her u hnre subsistence and separate from her.
If the hushand wishes to separate, and the diseased wife will doIcoo-
i^ent, hut savs she uill take her subsistence, let him give her one
half of all their property, and let them separate. If they ha%e chil-
dren, lei hall of iJM- property be piven to tlicm, and let them take
rare of their inothrr It is not said the husband has a right to take
all the property and M'parate ; he shall only cease connubial coDnoc-
lion.
Comrrniiig putiiii;; away a woman who does not conform to the
habits of I <T cla<«s. hut ndfiicth herself to low habits, it is thus said :
If a woman, wiiliout regard to the credit of her family, takes a part-
mour, or without the knowledge of her husband steals or conceals
his prop<rt\. ii 1^ not said the husband shnll only cease connubial in-
tcrcoiir*c uith hcr ; her habits are bad; she has certainly no regard
to fhe honor «>f her family. For this reason, let him take all the pro-
perty, and lia\r a ri^ht lo put her away
Oi a uoni.iM \vli(» will not comply with her hushand*s desires, it is
••lid. hrr d'^^iro** arc not toward him, her wi<hes are not the same.
A"*^ III the List insianrc, |iu him have a ri{;ht to put such a woman
awa>.
4ith. Thf hnr hi/ which a hushand and tcifr may bt eompeiitd io je-
jmrtitr, though thftf ffo not wish it themsehts.
The law when a hushand and wife, though they do tint themselves
propose to "icparate. may be oblif^ed to do so If a daughter, livin;^
und'^r the protivtioii of hrr father and mother, shall, without their
consent, run otf with a iiian, thouj^h she may have had ten children,
and ihrmcli >hc and her hu^bnnd do not wi"*h to separate, but to live
fogrthrr. It the parents of the woman wish to separate them, they
thill have tlie power Thus Meiioo, the sage recluse, aaid.
\'>th Thf Intr when a ku$hand has a right to %eU his wife.
The c^K^f* in which a husband has a right to sell his wife is this :
If after a husband and wife have lived toother very happily, the wife
shall take a paramour, and she have neither debts nor properly, lei
the husband have a right to sell her.
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4f*(h. The tight reasons for %tkich a womoM has a right to imprecate
rrii on, and to abuse her husband.
The ('i<;)it cau»ir5, for which a woman has a right to abu9C and
iniprecntc evil on her husband, are these: Isl, when a husband and
wife arc living together in a state of porerty, by which they are
pinched for food and raiment, and though in thia stale of porerty,
the hu»bBnd cannot contrive any thing for their aubaiatence, and all
their .support depends on the wife, if she happen to abuse him, abe ia
not to he held in fanit : *Jnd, if a husband be sorely afflicted with lep*
ro^y, epilepsy, asihina, or dibcastes of that kind, and a wife happen to
abuf^e him, r\\e f^hall not be held in fault: ^Ird, if a husband is dis-
eased in hiM [irivate parts, and his strength so diminished that he ia
nnahle to work, and hin wife happen to abuse him, she is not to be
held Ml fault : ith, if a husband does not know the three precioua
thin^^, the para, the law, and the priests, and has no pleasure in them,
or il he i> u fool, who does not know a good man from a bad. and hii»
wife happen to al)ti>e him, rhc shall not be held in fault: 5th, if a
hufhand h.t<< skill in handicraft, or the gift of eloquence, yet only
f'leep^ and eats, if a wife abuhe such a lazy hmtband, she shall not be
heU' in t' tilt <>tli, if a hiiiiband i^ exce.sfiire in his venereal appetite
tow.ird*' liK \\\U\ and ?he happen to abuse him, she shall not be lield
Ml 1 Milt Till, it a husband does not hold connubiaj intercourac with
In- \s\u\ I :i !>( (jiient* the hou!»e5 of Nm m; public women, and hia
v*ife fill'. I p.p\ nil on him by advice, but lie still continues his courN»,
if s»it Mni«c li'f'.i. •'hr pImII n(»i i>e l'*.M ni fmlt : ^*th, if a husband ia
rrr«|ii' i»:iv lu. . •iti'uni \miIi the \u\e«*, (i.«M^'liierh, and >lare<« of other
!>**« r>l' . \: .,..,i.tlv bt Is and l(»^eH hi-* monev, ai««i his to pay, if his
\% J(> fi M ;. fi («» .'ilu^e liim, nhc ^hall not be held in fatJi.
If a u..:i. iti liinpi'ii tn abu^e her h i«^band r»r any tif thepe eij?ht
chM'-r-, i.«. \..\i\\ -I '11 be imputed to h -r. and if the husband !»ne for
.1 fii\i < , l< '>^ :i oiilv o!)tnin it as by niiHual consent: let them di*
%ifie rbc pr* ;>< rt;. (4pially and Mparale. Tiure is no law in the world
tha*, 1^"' -•>-'> :i woiiian in an abuMve wife, 1i<t h'lsband ahall separate
r.od t.jk' II iIm- pr« jKTiy ; this all tearher^ have said. But in the
l>ook ot >arre«l law, it m written that l>eranse, for one reason, the
man i> l.rr biisbaii i. and for anutlu r, fbil b«* is a man, and the wife a
vrt iiiai), il tli( hii baii<) be a hunter, and fbe b.ind him his qniver,
how, prri^v biN rl< ihc^ and food, and receirrs his game or fifh on
his return, a-* hIu- is a wifr who as5irts in ronii»lrlin;» her hufband,
h#*r foil.}. It ;'i\es b.'r tin* .id^antape of g«K)d d» «m!«» through all future
tran«mi^'ritinn*> If though she doe^ not appro\e of her husband's
habits, she res(H-ctfully yields to his wishes; on this account she is
calb <i an evrcllcni wit'e : she \% fri^d frinn lieli ; this is tbe true road
to the N t country. According to the Daniakan, ilioogli the w<
996
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349
9tfin faults in her husband, she must not abuse him. This bting iW
sacred law, a wife ought to couducl herself with the greatefC pnh
pricty.
47/ A. Tki law when a wife eon put away her Jhif6«iA
The law when a wife can put away her husband is thii:*
Another matter I will state is the four sources of pride ni • ymh
roan : 1m, when a woman thinks, '* I am of a good Auniij, asd mj
husband is of a low one/' this is pride of class ; 2Dd, if a woman who
is said l>y many people to possess the five perfections in her members,
which are, go<xl hair, good flesh, good skin, good bones, proper age,
if fche be praised hy many people as possessing these perfiBetioos, and
her hushaiid'.i figure and appearance are ordinary, and on
j;round<« does not submit to her htisband's control, bat is
ful to him, tlii*< is pride of a|)pearance : 3rd, if a woman with asoch
property marries a man who has none, and reflecting that she is the
o\%tier <•! the pro(>erty, speaks disrespectfully and supereilionsly to
her I)ii>1):iim1, or if her husband Mnd herself bating much wealth, she
oil tins ground *-pcnks improperly to other people, this is pride of
%%ealt!i Ith. if a woman thinks that her relattres and friends aro no*
meroii**, and that her htisband has few or none, and on this groood
5f><Mn4 (iivre-'pectfully to him or others, this is pride of family. A
%%nin.iii uiili these tour descriptions of pride is not to be pot away;
l«t thr husltand correct hor three times. In correcting her, he is
not to Ih at her uith lii.4 elbf>w or fUts, or the bight of a rope, or with
I I-ir^e Mirk, or kirk her <m the breasts, or stamp on her neck; this
jH the trcatiiH nt of a hiaveor adulterous wife, and setting thesoamdo»
he intv Ix'.ii hrr with a carter's rod or the palm of his hand, on the
loin-. i*iiii(»ck«, or tret If aAer ha? ing chastised her three tioMa^
^\\v (..htiitiu' htr former habits, it is confirmed pride; let him hove
ititi poutr to put her away. Kren if the wife does not wish to sepa-
riu . let the husband have the right to do so, and iet the whole of tho
p*^<»P'rt> of both U* difided equally; on these terms let them sepiralo.
.V If Tdw partfrifli to «a« akaslaaMf Ii4tc««l It fet <
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350
It under tiieie circunutances the husiband dcXi not Wbli to
f«(e. and the wife docs, let lier take all her origiual propMtj, ip4
bear all iheir mutual debt^. If there be any muittal properij, let the
husband have it , it' there be none, and the woman hate original pra>
perty. posf^ossed hy her before marriage, let it be divided into (bor
tfhares, nnd let the hn^^band have one ; and if she had origtiial debit,
let her brnr thrm all, and alao their mutual debta (iMyfTtd ilUr
marriage.) It they hate no debts or property, let the wifeptl the
proper price v( her body to the husband, and let then aeparate.
There are five kiiidn ot' anger toward a wife mnd children ; th^^e
these: If a wit'c nets improperly in any way, her huaband a kould at
first reprove with inild language, and take no further notice ofh. It
a child acts in a way disrespectful to its parents, or speaks disrea-
pfctfiilly to tluMii, It should be looked over for the first time; but
children w ho fin the s.'^me a second lime may be put to shame by not
allowing them to enter the hou^e, and refusing them food aad cloihea.
If after this tii« y shall repeat their offence, their hands and feet may
be tied with n cord, and they may be exposed to the heat of the a«n.
Should they after that repeat the offence, they may be beaten with a
part of a ^I)llt hamhoo ; and if they shall again repeat their oflenoe, all
the property they pon^ess may he taken away; and if they still again
repeat the ofTiMire. they may he turned away altogether.
As regards "reparation, if the wife refuse her consent, and the hus-
band insi*«t on a sepiration, let them ^eparate as hy mutual conaent;
let each takr what property ihey originally brought, and diride equal-
ly what ttx'v h;tvr aeipnred .«nice marriage, and pay the debts in the
name proportions In ra.^e of the husband correcting the wife for
these lauh'* without wiMhiufT to separate, if the wife does wish it, let
each tako their original property, and let the wife have no share of
property anpiired during their marriage, hut pay all the debta incur-
red (in that time. )
If the i hildren continue the al>ove offences, and are not to be pre-
\rnted h\ corrertion. let the parents take all their property, and lot
thrm have no >hare in thrir inheritance; they arf children who may
\>r drivrii ofT hy m lliri;; do^s at them. This is the law, and the fite
off* tic es \\her«in the hukhnnd may correct the wife, and parenta their
children, with an^i r If alter being thus corrected, they behare in a
rorrert and projttr manmr, let the children have thsir ahare in the
inheritance, and the w ite shall not be put aw&y. If a wife, after cor-
r^etKm as now described, promises to behaie well, and keepa her
promife. and the husband puts her away, let each ha?e their origisal
propertv, and let the wife ha?e all the property aeqoired dvrtag mar-
riage, and the husband par all the debu ineurred motually, hteanee
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351
the wife, liavm^ received correction, conducts herself in the maoner
of a wife like n slave.
A!« regards the cliildren, if afler their parents have many times cor-
rected thorn, they comply with their wiihea, contribute to their sup-
port, and conduct theniiielves with the greatest propriety, let the
have a shnrt' in tlie inheritance. Why is this? — because they attei
a^ain to the words of their parents, like one who has been relieve
from hill, and conducts himself so as to reach the country of the nat
This the son of the king of Bymahs, the sage recluse called Menc
said.
Thus in the twelfth volume of the Mcnoo Kyay, the aeren kinds
wives, ar.d from the three ways of contracting marriage, to the atp
ration of man and wife, is contained in full.
END OF TOE TWKLPTH VOUTMB.
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ogc«@ce.
LAWS OF MENOO.
THE TIIIRTEKNTH VOLl'MC OP THE
GREAT WORK OF MENOO.
fp iJu god vho if trorthy of all homage, who possesses an in*
tuitire knowledge of good.
CONTENTS OF THE VOLUMK.
aw ai regardi betting, either coolly or in a passion, on Mii-
inanimau things, and whether bets, large or srotll, are to h%
not.
xellent king! I will Hrst tre.it of large bets. If toy one, IB
n or not in a passion, ^haJI bet that it will rain at a ceruin
It the earth will at a certain time open, or make t noitt, and
bet9 that it will not , or that a certain hill on a given day vrill
down or become higher or lower, and another bets that it
; or on a certain day that the wind will be red or white, yel-
lack, and another shall bet that it will net: or that on accr*
ttreain^, n\er9, ur brmiks will dry up, or take their course in
direction, and another ^hall say that they will not — these are
of foolf" . whether the stakes be deposited or not, or the bet
fore wiine!«^en and on a written engagement, the money shall
lid In thi«i rn^e both parlies arc foolish. Thus Menoo, the
luiie, naid.
>ther ciAC of extreme iNMtinc belting a heap of ric#, paddy,
grain, barley or cotton, nn Urge as the earth, a pile of cloUi
p clouds, an ocean of butter, milk, ghee, butter-roilk, or fio.
ms. ;^<>ld or «it\er. as heaty as mount Myenrno—this is a less*
iption of extreme betting It it mere fool ifth boasting Such
neither bt «ou or lost , M the better be free.
^9? ^^.^^^i
cBB03oln33o5&ccooSicptc73eoiGpa3fiEioooti cnsoGOf^m
cog. .aaog£jo5.-[ r^ J£'S<^£'9?5»l£3i«4*
cs^ojiic«^Ci,pcSi«6^o5«cjc JSi«c^^8sooo8igSwooTii
osSoScnoS^EiucocSSSeeoij^cco ^jaEicodlii *saf|s»f^
ccpffiiwsapcSrcBacSccDoSijaEscoulii iqoS«ni<^co3^o5«w
^SecDoSigSicnolaj i^dsuntcxocosoStco^i^gajIS
ojgS^is^s^ODfcjjemososi^EiiiJlicpr^cofSiueoicpiOSogEwjBS
Sdccjjt^a^tasuScgt^^i qscoc^cocouScdE- ^iSaooccc^QcaSm
Odoouffe^o^^^supunosi" SoSculcocc^oscpiBoSrfl ^S^""
efl55£'33ecoo£)ci6oa^ojroiji»|SBO*5Scst=oS*gc6a3g§»g^
«oloS<foboS^lGlSi<^3So9g3gScCOD£i4@»^STO. ^l|S««
§6e»iC33n^t^ooD^i.33Q6«§i ^Saso^JScDcolcScoSggxBI
«Utng on inauimite things, there uf nineU«D Unit- I. TeM
— chess; 2. Taf^fMl, (obMlcie;) 3 L.a;>guei — dhcckCTi; 4
-ma— odd or even) 5. Twen{[-I(hy«— fMenibliDg ihe fUM qT
9, called by xchool-boyH "TIirfc-liolM," bat filay«d wilbwedt;
ij-lha-weed-dya — guemn;; uhii ■■ m the clcscd hand; 7
)|; ihe hciehi nr diatsncr nf ■ •lone, B tiriok, a atick, os a luo^i
lb; B. r.ards; 9. dominoes ; lU. ihcMiiinit m ihraniaj; at ■
II. kyci-poung 1 I-. kliu(ie-|[Myi-en, lik« ■ jtunt uf maiUtf,
ayed with larf^e beanii. In thcw maiir* ili« winnn' ha* ■
> be paid , but only what lie receif e* on the tpni : he ahiU han
i( losne arieiwards for any balance atill unpanl. In bMting,
nming a distance, nr ilaring a curtain lime aniler walfrr, elimb*
es, leaping, being invutnrrablo to aiick, *i*nrd, apear, nwlwt
, lining a weighl, or carryinic ii, in all del* on ibcw 6*c tnal-
e whole amount betled uliill be paid to ihe oinner, wbotbu
kea were de|H>Rited or not
I state ani'ther ca&e in betimf; on thOM in oMIiefv. IfoiK
e a r.»)l, or have not emnplried on* lentb of the tgt at insR,
ihall not he p;iid. If iii pwiinmin^, elimbing a tree, eii(tia|
iword, iir thrusting with a Hpear, he (llw toai a^ eJiilil) akall
I IITe, let the nther [larij pay the espuuea nf liia funeral, and
pay as c<iiii|iensati<>n to xU". pareula iir telalite* of tbo de-
the price ol' ten ineti, reckoniiig each ai thirty lickal*, or ibre*
i licldls n{ !>ilvcr. Why is ihi* t^wr.aaK It amaanta lo ■
-in iiracli'i'd nn a fonl. or a chttd itiN of lagal fn. A pJu of
consent lierorr Aitiirwe^ shall not amil ; Um daecMMl bW
power i<rjii<l;:inz <>r rcllei-i(ii|t. Ifilw deccaaed had no rda*
■t ihf other {I'lrry be pjiH if he win, and let hilD DM pay ifbn
•I hini U' iViT from penalty, eiccftt tbe pavMwal f>( ■■■« fwe-
nM-< a> r.-uaril" the ilraib Itui if the Itaijur child lia«e Ilia
rokcn. or i< injrired. In the othM parly support Itim till )m
■ If the parcuiB or rrUiitr* ware trilneaac* loilie b«4, Id it
a* il may be Imi or «>.i>. and lei (the »an« party) be Itm from
in ircoiini ol ilie draili of itte otiicr, nf any Injuiy W m»J
It H as the duly of hi< parMii* or rtl«li*e* wIm> w«n oatr
IKDtcfl hini If two men tiaie a dcbl te^udnig thuM »«■(!•
Tuiinin^C, and put up i mark or fit ttpon a ire* at ibe f«al
r, let ih« debt be recioetahht, wbatber paynienl was mad*
taning or nm If tW (<M«r fall Ui4» a hda^or iMiUoir. knocli
?a9
od^c^^i ^iwgg£c[>ogSi co^too^gcoaSi ccopSiosBi^a
5cS33gsB6l(y:§«C^g£f«EGpClS§iC^((JSjC33fi33SlO3O0S«)i6i«i
cx»t03^ia3|£o9S^ir^m;§oSffo:;':o?^t<»^ii a^an'MieS
<QcS|^sp53iCoaS;Gpn?yi^nSai^:co.|£o£»3is», eStB^OT
jot diiS^eSoasqinS. ctsc^^msBPcgoS^. soDoStg^jaco^
^o5£cpcfig£*Q£.-cor.7^- ^S33^«(^:i3oc=oti _ ^
cc5<^^ii5osQGpyoco^i>o5joji(^SoByoSa
O3^.-^Su1cucjc6^^Ci.a»SCC3£iC^COc55Cpc5l0O<]0W
OSJC061 cgoSgses §E33^^oic»co^'^"s»(»dJa
gee.
o^|6st»3nS.oagi3a^Sc^£tg'i3Jc5Q<piroo3Sian|liyiM»
354
kia foot against a slump, or run a tlinrn or ■ npiko into it, "t eucli-
ing bi» Thh in nny iliiiig shall fiill, let liim cmlj' p^; bair ihc dcbl i
but though tliis is said, it must be ii real, not a prttciidoJ ttll ; If it
is not real, Iri liim |)ay ihe whnte. In runnini; f<>r a bri, llif ground
chfw^n ninM be Icifl.'an^l free from tlie Gte cncmin, Hump^ thomt,
■pikpa, liolcs, and liulliiws.
In bcilinj; on tlie swiftneMof a linrw wilh • riltn nn lii« back, it
U a livmi; crcaiurt ; ihc bci mu;t I".- ptiJ wlirlbir lli« Makn «n«
dcpi>Hiird iir iioi. If oncof ihe hor»- ihill iln-im ibc j^rnunil mark-
ed out for ilic rnre before it reaclii^ <h^ s»d, Wt ihr i.Htirr pay half.
If it Hie ritise to (he winiiitig post, let him uol |om ; let bin dm pay
the bet.
In elcphani, buffslo, bull, gu»l, or faat £(bitng, il one akaU run
williin il'C liinc iioteil by a tiiiic niruiircr, let ihtf • iniirr be {Mid,
whriher i1i>* Mnkc!* bad Ixren tJcpoiird iirnrL If in fighltng. kj bat-
tine or Mrikinp. a fore •■>r hind Vg, or a h-irn !»• broJini, and Hit mi*
mal will TKii ruiiiinue the Robt, '■•■i iiDJfilic b.i U paid, <« if Iw dw,
let half he \mA. In ilils bet, i ^ \—\ui it triuniii;] t^f the brl i^^
cially nsrerd iIiaI killing ur hri- ; i i- n liiiii>'l>i' r.ili^drr.'<l hiiinit : iB
that CAM- 111 ilif uiiioiiiii belled, whether Maked nr not. b« recotcrv
ble ill full ; il i^ ihe lurk of the owner of the animal.
Ill liBlitin^' r<)ck». pari rid [;eii, diiek-, of decoy pigeons, or beta on
winged niiiiiial*. ilierc i'hati he nodifllerffnce; wheitier ibe stakes bir*
been dep^i^iirl or nri, let the winiirt be ciiiiiled la recoTer it la
this ^.inif I'll of Irttin:; pi^tnns lnose to decoy others, if the pigeon
of one jiariy lure the wild or nirange pigeon to the bnnte, let the owd-
^r of ilic hnii»e to which he romes ha%e ■ right lo recoTer. In cue
a hiuk I't kiie i« e.icoutiiered, and the pigeon lake* abelter in the
fiT»i |>1.irr II cxnii'^to, il In the fear of death thai droie the uiinMl in;
the iiikiiiT I'l* ilii- iiihi-r shall n'> say be baa won; he shall uoi reuK
*er liii l>ri fxr thiii time ; tei iliem Mart again, and if iberebeno birdi
of pn y 111 I lie wai, lei ihe winner hate a right to recoier bia bet,
whelhir i!ic Makn" were dtpcjiiled or not
111 rji'11.4 I OIL* -r c.iri!>, if a goal bai been fixed, am) one piny
■hall «iii. In liim nroTer, wheiher ilie makes were drpoeited or not
Ifll.e hiMi IT r^ri l.r hi.itn. the bet rball not be paid, whether the
MaLi'- win- tl.'|hii-it('d or not; let ibe l>«er be fire, or if the bullocks
die. 1. 1 It nil be ji.iid If no acrident happen to the boat, cut, ot
bullock', Irt the winner haie a right to rccoTcr.
At ret; .lids bets on two men fighting, who bare been aiwrtJ lai
matched, iheie shall be no dittiooiioB, whether tWM«kt>«>f*4(p»
sited or notrlatiba wiMwr h>nirighiiBth*aa«ait IsiUiMi,
ttC^&t30^3|&tSC03&l§Slcno)tl 39got^|i^at»I^O%K«li
<^OD^iao£g£iit^y»og[^iagcgicSiiBOitflmiBCOMaJM
cocS««nc£cS§cco3&ieo3SiSS32*^9Se«MgK " "
gScoiccot f CO f astcei ucx)0t370icgtco1 eSevT
@ce.
U^33^Qg9W3>ca0|08ia^(r886'i33Su&lSO:>Ol cs
f ig&^a3^ioac^aac^3oS?o3oSc§5c:5eo:>ica'»£ogSt tia
C033SnQca8uS 03j] ^3S(^i03^i(»c c^< njieo^o & i»Cpt(
ce^toacuSi i39^^03g&G^^ccoo8iga|ioog!noi oom
tj^oSijg£^e£»o8!|38«5l«c3(£«ccpoScot ccoifoostcoc
uci^ciSwy^co3d^^ccoo£tge{)(/9ij^^S§33^<;^we3t^(piRi£>
«g<^@-eis^^gi3.iigTO«coo6ir§'C^§cg£w«o!Cg£.fi^^cco!&
<»SiconSeG{)c£r6t^f:@S^ecoo8t6 ^8if^9^«u8B<cBx(££5«
ccm^£{^s030COGS3.;n30ci> ^SeS eo!«8o3cScflpaM8S|SQ
o3SicgoS;(^;Bi,;^^iC03£ia j ^- ^ . ".- !-;■' ,::>---.-»:£(
y8^co^!;TO3£ii: caoaooSjfiU':6.n^||t-S^cci^*4rt»£n oa<&
clgc^f^sgonSrooioa^^^os^JSCOsSit tfgig«n§sg;o»^ CDcS
356
there u betting by the puiiet fightiDg tbemMlTM, and beta made by
other penple or ili« ■Meinbl;. If i ■nm u bd eirnol be puled, and
the parlicB bet two or three time* that amount, iiMhin| not loiaalljr
^■tahed shall be recovered ; the auini laid beyond tbia are nMre nai.
lersorboagting; let them not be paid. If the thing bettod, elephaillt
hoTM, buffalo, bullock, slate, gold, aiUer, ct^per, rice, paddj, W
elothea, haa been made oter, let it be kepi, and if it be redeemable,
let it be redeemed at the price agreed on. If the property betted be
not aeen, and it ta known the party beuing does ttot poaam K, let
the winner only hare a right to recover one fourth part of the bet.
If a wife, children, or relatives be betted, though it be by a writ-
ten engagement, mid before witncsM*, if the party betted doa not
hear or know of the bet, the winner aball not be entitled to leoorer,
nor any portion of their value. If they be brought and handed over,
or ihown, seen, and are consenting, let the whole amount of the bet
be paid.
Ifone shall bet that in a particular town or village, a coBTenl, !••
yat, bouRe, trer. jungle, river, canal, or brook, u east or weM, Dortb
uf touili, or any <if ihe itiiermediBle points; that a tree is of a cettkin
height or niK ; or a rave, convent, ot pagoda of • certain >iie ; and
anotbri sli^l bit thai it in only so much, if the stake* be not depoaiu
ed. In ihr ninnor have a right In one foorth of the nnount. If it be
paid d'HTu nl nnre, let him have one half But if one ahall bet, div
lincily giving their dimeiitiuoa, distance, or situation, and the oibet
aball niPToly diny thai they are correct, wilhoai Mating hia distance,
dimcn'iixn", or situation, if he loaes be ahall not pay ; let him be freei
III alt the beta now laid dnwn, ths loeer may be arrtated for the
amniini at onf in (he ■■•'■mbly in which the beta were made ; but if
afft tbe aivmtily hH^ broken ap and the people dispersed, the win*
net trreii the l'<*cr in any other place, whether the bet be a large ot
a imill on*. \n tbe prmon who has ondergooe the arrest be free ; but
if It b*- qiiifily ilrrn^ndetl without laying Imid of the peraon, let it be
pnid ir uhilo wei?hin3 out the amount, or even if it be paid over
and ixken up in tli^ ' .: . -t lo*i, o new king (ball
Borrerd in tbe thronr, ^-i --.nv: : .'* ,-.-i iLir ificimj kinc, or anew
era be c.^mmenced. In it be n-^ Ixl. ll>r •mnfr •hUl mt r*^ wer
If in thit bet one party hu girdad up h>s l'iia>. <v forked op rbe
front nf hi* cloth, or ihtoarn about hia arm, daneiug, leaping, •taiiip'
iDg on the ground, or bwatinjr it with the paint* of hn haeds, asd hei
90^
oj^gi 8aoi ^£aDSd^gS8BQb|^8sttODoSd3t8«f^sto<&«98MM
co^G£3Co^d^8c^EooS^S^^(?D3Sio^8co9j^§o^96995tfldm
j^8sogsGODbi(»g>S^Sc3<So^cf2.8ooScoDSi^f|8^ScMa>i&w
§S3lc59.p &^^^^*<^5? 5§^*oDo8sc@icggjoao|cprfi
O3oc^8ii0oocogoobo^^3c>2ca ^.^i^ogooSso^Scot^JOTi Cjijpl
oDQ88ola9r^9«G8 ^e;^'^S^osco^*<ic}8gSeg&gS60i|jSQKfMl
co8e^oSi<jS«cx>Sco^]iHc^oS8cg^^s 80c$dec3oSio8toJ[t •{
»Si(^^oobicx)^cp&[^<:coSBo^GECOcSc6[>c£Q^od1B<
o6|pBoa9c|^^^^l8Dc^8olico)c3 0Da)oS^s£ooSJ1tadoJ
OC^MBcgOCi)8&c£oOOS6^8s^S^030lOgUgSc090j8c^6QagdBt
0dj{adOG0S(?^G^Gg^o«c|je^^£8^SsicolSd3t0Dc5t
cccgcroojSQSsoli^icocTSstjJcooSooSiCdScBsJoi
^1 G^'ijcb'ogoS^S^lcD a^^sod|8d^^ccooSiGStaopl
^oS<^§<:cco£<i^8i9oi:cooS«c|po:>g£)9€^cei m rff r irqp oScpe^qii
^8gsxo80Qoa^coaSr/^^xsx^(^2ol8c^oScQO&8tipfi^o8bMS^^
C«OCX> A:^^(CXjC28 1 OsIoSg^ii G©£c^^88 ^8cOl GGOO&
CDCcoo£«d^^iccoo8<{oo^^coaSf G[>oS(£i oo§8ao6<
366
cheerfully, ii ii to be set du.n, u Ixuing witliuwt •!»((«. If nniirr
the belief ihai one parly is atiout In !,«, a jwrwia belling ■lull in«he
u»eof micii Isnjfuagc OS, " y..iir ftilur aii.l lanhw," "jnanr." or
■hat! iliuse him, doutiliii;; liin fin, MrMchiit)! ixil hi* kniu, {trding
his cloili up, prindiiiq hia lertli, or Mlln;^ bii lip«, trhi!lJit)r tl Iw Uw
perann who xhall win or Iom, if rme parlj (htll art in lUa way, and
the other do not, the winner *hitll bin: no tighi lo ttcota Oir wbola
Mtn lost. If both panics bMtiiij act m the mvc way, but wltbiHt
Miikin)! a Wow, tlie bet ahall br pil4 ; there ihall be no Umne. If
after havini; «on, the winni'r •hnll ntn drminil ihp amnoiii jn tbe
«aual Hay, but nhili pull hia JvhtiK** Irnai hair, ulrilie liiin with hi*
fiat* or ellK>w!i. kick him, teu hia rJritSe*. M»e him b; hta thrtwt nr
neck, make water or xpit on him, ^ller hira with lUlb, lie bU Jkic*
and hanJ<> bcf<'re or behind, beni him with « (lick, iMt bia «ar. iKMk
ooc of hii it-'i-th or liinln, bliiut uie i-f hi« ejr*, or brntM or wooiid
bia periM'u m> that he faint or liir, Ik ibr [>er>iTn iu fatili lie |iutii*bM
u laid ilowu ill the chapter on finca nr comiienaaiiRn, accnrilinjc ti»
I. Ill il" ^ -I Sir- ( ikm iBIn ihc account ;
: .' ilrlTetenFc ; if leaa. let
. .ri^lly. la tl-HMofioo-
'rtiiiiil1| retl)»d. 0**0
' ).r' b« neighinvmil tba
a:i<l iw .. II, ili/> »ct '>[pK}iD|[ ii. if •»■
■ivir. nf if tbi- i.ine lnj Jrpn«r«i h| t'lo-
lenc", "t 111'' rr» be slirred, lei it not be paid. The recorerinft partj
ahatl noi |>Iim<I ili-it ii h.va lieen wei^bed out and bait in baod; it
cmK"* uitliiii lie- "even and nine, in all oixleen caaea, lo be fet uide.
Thu^ 111. lonl MeniH>. the «..ti of the ki.ij; nfRrm^h*. h»* *aid.
Kps^rdmi; the betn of advocate* <ir Takerls, who lire by thai pro-
feixioM. innilr annni?-! t'lent'ehr*, laiizbi'iK, and ilapninr ttieir
ltii;;li' IT •lii'iililrn- , if m ihii way, rlnppiH^ the tliipU or ahoulder, ■
*ak<-rl. on ti.e •ireTii:tli nf Inn principal hems a man of rank Bad
weilih. pii*hi-a nu' .. > .1 - ' 'i - '' ' <'<■■ i •■^ ilie
UriMinil, and bet- in i,:i;rr i :i il.i- mill .f i(..- .u.t, l.-l \Ui-t\ DM b«
pml. If II wa<<n<-t mcdi? in iniier, let n»lr what wutiake^l be paid;
if nnhiuj waf drp-xited, let tl iivl I* paiJ. If two taheeJa boaal nf
tbrir srit'iire and \>-x'ii\n£ Uuiihiniily, ii » a [ukr : if iJtef Ju ibia re<
KardiUkT a cause | niiilrr liiil] and Uilh ripwtly, thcte la no nflene*.
If the conduct of U<4h WM the sanw, aaii a lihiw *«■ (tratk. kl n»t
the bet be paid. IT noe party it t« tt'gtt «n<l iW othrr » 1x4. aad
ihey bei, and auke ibe aaMnnl, if oee eipirMlf fltMrs (bal be don
AM accept tbe bal, it la noil wd aball ttnl be paid, wlwlbir Um memf
thenfleiiii
.fit br 1,1.
him makr
!■ be lua commute
.re th.iii the fine,
II 11].. nnd lei hii
fCK if '111
if one b,.
nil;; ihrir pn-urc;
1 BTei'ti to pa* e.-
•tKer. ..( 1
other kini
ifillie weiulu'dn
; Miccer.!- to the
j^Sg803osod^c£)Sscoo8s@ra3Siooa5c€po5ac>^cAi|S9|^
cgSooG^cojjooSiGdgSc^cci^Sceiad^oo^od^aScKgfi^c^
oagcQoScg^8^c^ci^gc^o1c^t»j8»55oag 8BQm8
8oSJ)c^a9cG|^cSgSc^c3oocgo8oo^i icpgoiaa^dMdl
}8»£i»0203oc^iOdooo9c^o8f^ic[2^co98i ogg|<i^j
03^^^ad<ji|eo8cg^oo§OdG{p§8c^co99e@o§cx>gSii
CODoStOO^S^SlCODoSsOO^SCoSiODoScCjpoSlOOoS^
§8c{)l)Sg8ODOSCO0o8lOO^8g^02G§l Ca>C|^gS6a9C|^<
C^So0^GS*^33^i008j|OS§S^«d^^O3^0g8iQ6a
§l0dj^0g830OO0gceiCO3OoSGO8€|^8o^^l^aSc[|l§S69l(
Odeo8§8^a3<ji|^o^ce>cocScG|po9odGS»ec|^oSiM^qo9i Af
oooScQ3ocgtfo3coDoo3^ig)Sg^6^8|Soj^dii myAu^jSuig^
coo»§i|8gicao80D|o^ceij^8g833osoD|o§^o^@ojg8i
02|Siccos^o3fOd§8§^cei€|^(^oScaooo2ioo|o^o|[i
cosceiG^cei cl^ccx)o8sc2c§iCODC(^cScj|9SdB^teooSi
cg<8oood02Cfc§io^Q9QoScx)i|So2(§adsax>8t|§s^boMM
tfCOOoS8a^G(>cg(^cei ic^9 J9^@8a9jg»co9t|0C||fi^A^
[81 Bcg(9icgcQSi od^ 8030^(^^03 ^gc§o9iq6 i
I )§ I ^aj)8c035^8 gOCODOOd^ol^C^COttf ^1
cooSg88i §8g88ia>a308(35c[>gS^8g8ti<^co9Ci^fiSMcaQ»^ '
6a06^cSffa30c£e08g88i 008§g8g0388lgOtgoSgOt€||frf|SMj j
@8cbiOOOc^cx>0€^gggj§id^^g8aDgoa^oSdBB[c ~ ^
357
WM Slaked or not. Il both bet in anger, anil the money is staked,
^ let the winner ha?e it ; if it be not deposited at once, it is no bet IF
^ oae ptrty has used more violence than the other, let a deduction be
made from the amount of the bet after due consideration, so as to
^ place them on the name fot.ting. From the ptrtj who used most no-
■ Fence, if it was in language, let the deduction be made at laid down
in the chapter on abusive language; if by blows, as laid down for cs»
' Miult. If the principals in the suit do not incite the rakeels, they
r shall be free from blame ; let it be entirely a matter betweea the t»>
keels. If the principals do incite them, and they ahall in cooseoueoce
commit the oQence, let them bear the punishment equally. Why is
this? — because in acting as agent in the suit, he acted in aocordaoee
with the wi.*ih of his principal.
If in other inaiterfl one incite another, the party inciting shall bear
one third of the fine or compensation, and the active party two; the
esses are not the same. Why is thist — because the vakeel and his
principal have an equal interest in the matter.
In these ({rrat and lesser bets, whether the money be staked or not,
if it be evident in the assembly thut both parties arc drunk, of all they
nsy have said, let only what took place before they got drunk be en-
forced ; bets made at\cr they have got drunk and quarrelled shall be
void. There shall be no dhHtinction ai to the money being staked or
Dot ; the dis|)OMtion of a drunken man is like that of a nursed ele-
phant . It i.H a kind of extravagant madness. Thus the lord hermit
cslled Mcnm) said
If a bet be made in the jungle or a retired place without witnesses,
let both parties inakr onth ; it tK)th swear, there is an end of the mat-
t ter. If one puny hiII not venture to swear, let the statement of the
person who will Hweur be taken as fact. If it be the person who
" made the demand who will not swear, let hitn pay one fourth of the
- smount to the other party. If he will swear, let him receive one half
^ the amount he claims.
If one party to a bet die or abscond, and his wife, children, parents,
B> or tho«e who live with him did, not know of the bet, and were not se-
CQrity, the winner shall have no right to demand any thing from
them in connection with the bet.
' In all that reg%ras betting, from the king downwards, let the min*
'Silers, lords, generals, lawyers, judses, heads of cities, villages, land
' ^cssurers. and all men hating authority, tend shoot the goof with*
sod without the town to all the country under their iurisdictioii,
warn the people not to do these things, sad thst if they do, they
II certainly be severely punished. They shill also give doe wsm-
by beat of gong to the people under their rule, not to commit
der, robbery, or adultery, not to tall lies, not to driak spttiu, not
commit loceudisrisai, sod ool to qusrrsl, if ht, or ^fproii ooe so-
aod thst if they do soy of ihess tUogs, they vid he severely
980
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1
358
piifii.'«liC(l. Once at tlir^ new year, and once at the beginning of the
ri')i}(ionM season or vvalino, a proclamttion should be made by beat o(
^on<^ as above, and royal messengers be dispatched to the districts
far and near, with orders that the ten laws aad five moral duties may
be iirnily established. If this be done, the country will be prosperous
and happy, there will be no wars, rapes, theft, or robbery, and the
rains will be abundant. If the people do not keep the laws, but as
has bo^n done by foolish people previously, shall continue their evil
rieeds even to the time of the present king, taking it for a constantly
rstablished custom, let them see the laws, the ornaments of the world
which arc tor a guide to all, duly enforced ; and let degraded, wicked
men sec that bets must be paid, and winners receive their dties, or
that their membersi their wives, th«ir families, or themselves, their
relations, or connections will suffer. That they may thus fear and
respect the laws, and that men of wisdom may decide with eate ind
prccishH), Meno:> the recluse propounded to king Maba l^hamada
this Dun ith.it, or book of the law, the ornament of the world.
END or rna THiarcKNTH volume*
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LAWS OF MENOO.
THE tmilTECNTH VOLUMB OT TSB
(iREAT WORK OF MENOO.
/ i##r>Aip (hi god vho is worthtf of aU homage, who p9$S€i$e$ mm im*
tuitive knawleHge of good.
CONTENTS OF THE VOLUME
1. When an elephant, horse, bofialo, bullock, goal, pif, fiywl, or
duck is unlawfully killed, has a limb broken or cut on, or b Inm,
the law by which such caaet are to be decided after aaeerttiniiig tht
boundaries of the land where the injury was ii ^'
'2. Regarding the bounds, Ticinity, range of hunting grouda, whe-
ther the hunter shall make restitution or not.
3 The law for decision in upwards of twenty kinds of oopisa, vi-
cinitic!! roniiectrd with the craft of ftsherroen.
4. The law for deciding as to the guilt, or otherwise, in theft of
flowerjt, and their oopaza. .
5. The law decidint^ cases of theft of flowers not of the abote kind,
but of a durable substance.
(>. The !»ituaiion, oopaxa of water flowers.
7 l*he law for deciding on the bounds, oopaza, of cities, TiUagea,
(sadie<t, kynung«<, and houSBs.
H The law of the oojia/a of the god whose mysteries are not to be
attempted to he found out, and of all men, from the king downward.
9 The two lawA of oopazas to be obserred by the Mlowers of a
funeral, either of men or animals.
10. The oopaza^ to be observed by a marriage party.
1 1 . The oopazas or bounds of the districts of boney takers.
VX. The law regardmg (ines ibr baling oonnection with s wowtn
in another person's hcmse, tlie proportion for a large, middle sitnd,
or ."^mall hou«e
i:{ The law forem^uirtag and deciding in rasss nf lbs dasliniilimi
of a hou5c, as to \\» bein^ l^rgc. small, or middling.
14 The law when a siek person, drooping over the fimlwwaraMh,
MTU fire to another person's honse.
15. Regarding the firing of neighbonrinf honnst iMS n htwst ig«
nited by the fire covered tsp on ikt hnnrth.
16 Regarding fire ciccssiontd hi emwhig m l%l« m n> \mkf.
<jGo
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360
IT. RcgArding a drunken man netting fire to another person's .
llOIISO.
\*^. Rri;ar(ling netting fire in a passioQ to another*! house.
1{>. Ke^arding setting fire to the house of an eneroj.
^2il Regard in;r setting fire to a garden in burning the jungle.
'21. Regarding a case where a kingdom was destroyed bj a drop
of honey.
I.«r Whrn on rlrphant, horse, bmjalo, bullock ^ goat, jngt fowl, or
tluck is unlmrfuUy kilUd, has a limb broken or eui ojf, or i$ kmri,
the lair hif irhirh such cases are to be decided, after ascertaining
the buunriuries of the land where the injury was inJUcted,
Oh excellent king! when elephants, horses, buffaJoes, goats, or
pigs, having an owner, are unlawfully killed, or hate their limbe brt^
ken or cut off, and no one was seen in the act, in case of a suit, if
the matter he between separate towns or separate villages, the d is*
trict being proved, in making restitution let the animal be replaced
l)y another, and then let the heads of villages and inhabitants e&amine
the Umnds and land!* of each, and let the person who is proved to be
tlie owner of the land on which the act wu done, paj the compensa-
tioii.
If It he within the village or city, it falls on the whole of the inha-
hitants ; lot the thoogyee or head roan levy the amount, and make
the prnprr rr<«titution. If the animal be wounded with a spear or
«word, Ut Ins .•.tcps he tracked; if there be marks of blood on the
track, the owner of the garden or field (to which it is traced) shall
not U* free from fault, but shall make the restitution. The owner of
the place where tl>e animal died shall be blameless; it came there ot
it«* <twn acrnrd. Rut when so much is not known, if no traces or
4 auHO of Its death are discovered, aud the owner of the city or village,
the hrlds, laiidH or garden, has made restitution, if afier this there
:ire rep<»rtM. or even if there be no reports, let the people who dwelf
ID the neiL'hhourhood, all round the place uhere the animaidied, be
iru d h> the ordeal of molten lead. This is not to be done at the re«
• |(ie<»t of the owner of the animal ; but let the person that is burned
rentor*^ tM'o-fold. If the owner of the animal be burned, let htm pay
lo the extent of what he sued for. One person only is tbe owner of
I lie t'i< id or place in which the animal died; if there be inhabitants,
ffu or many, let them all be asaembled, and carefully eiamined both
«fi <uih ami h) the ordeal of molten lead, and let it be decided jiistiv
\vh<» i« the party in fault If in the same place or district one shall
\n\t a field, one a garden, and if, as has been above said, a wonnded
animal come upon neutral groond beween their lends, let lkedif>
taoce be measured, and lei the pertmi whose eia^ly ie seeresl lii
the ipoc where the animal was bmmi make reitiMien aa is jpHt If
<fl33giclc^«jo cOTOMOicocDol ^Sa^iJi o3wSi coooocS* cow
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osso^oSic^lS g|55)£t§ri^(^Ssgo gois^s^u^r^. <«^E«gp
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361
it be wished to make sure in this instance, let them alto be tried by
the ordeal of load. If neither are burned, let them together roak«
restitution ; if both arc burned, let both pay double.
If the dead or wounded animal bears thr mark of an arrow or spike,
or any particular instrument, let an enquiry be made where there are
any bows, spikes of baml>oo, or wood, or traps, and if they correspond
with the wound on the animal, let the owner of the instrument make
restitution.
There arc three reasons by which to decide whether more than
the simple value of the animal killed or injured shall be paid as com-
pcnsation, or whether no restitution shall be made at all. If the
wdd animals, t)i«ion, elk, deer, hogs, jungle fowl, elephants, and ti-
gers, come in numbers and destroy the crops of any person, let him
give due warning to the head man and owners of cattle, that from
such a s))(U to such a spot it is not safe for bufTsloes, cattle, goats,
pi^s, or people to pass, as he has set spring-bows, holes with sharp
stakes at the U>ttoui, spikes or traps there. If he does not gtre tocn
notice, and an animal having an owner shall die, or have a limb bro-
ken, or be liiirt, let him restore two for one. If it be a man, and the
wr>un«] IX ruraSle, let the setter of the trap support and attend on him
hi.n rit. or vr >m<!c a substitute. If he doeslnot recover, but dies, let
ih' >uji r ^ rrip p.\y all funeral expenses, and pay to his rela-
txii^ t!i< ]■' / - • '! • . : hit life according to his class. If aAer no-
tirc oT^'Miij i:i* tr.i|«- Ins l>een given, animals come and are killed,
wli.!i..r ! , li 4W i.ml-jjcn l(K>king af\er them or not, the setter of
the uap kiiaii Ur Iw'ld iVrc of fault. This Metioo the sage said.
Oh ♦^xceMriit kin;» ' l>esides this, as it is certain that people of dif-
frrrnt district**. tVoin di.tiaiit parts of the country, who do not know,
will pivs thruiijli the jun;;le on their usual errands or business, let
\hr ^ritif" ot tr.ip«i (>lace at a distance as far as a horee runs at one
start, or as ftr us the .sound of the voice would reach, from these en-
gin*'<<, .1 hriiK h of a tree across the path, and hang up a written mn
lire iftat tmm ihencf to such a place there is danger of evil; and if
• tier (hi« (tropic •iliall knowingly come, and are wounded or killed,
the «4ttrr o| the trip •«hall not In: held in fault. If these warnings
s'e riMt put up, ntid a nun ih injured, let the owner of the land who
s^'t the irapH p.i> cofn|>ensation acc4»rding to the value of t man; if
an aniiinl in iniuroti, according to the value of the animal, a;{reeably
to the ii^nal ruttiMii o\' the district. This is the law fur deciding re*
^irdiii^' tlir protectors of the oopazas of gardens or fields.
2« / Rri^ttrd -t ' tht oupaza^ haunds, vitimit^, ^^o^ff^ of kmmtimg
l^roundi, tthtlktr ike kmmitr »kaii make rtsiUmiiim er nfl.
Oh excellent kin^! of hunters on dry land there ire five kinds:
1ft. \\Mt%o Mht> u^ic p4uton, the bow, spear, or. gun; ted, Iboee who
set suarc<* and gins; 3rd, ibose wbo uae nets, lafgt or mmU ; 4tli,
oj^a3»oir^itjo5^!<^sos:Bio: zo^a^^co^toz^c^t
QOte^@i»^-60u:Gj!«3Do;«^M3cg« Dor^cc BoS^c^EtjcScei
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^ojoSc^Eoit^ §^1^01:^0^1. in^icui^tjijcS cost) 3o^sfig&^
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362
thone who 5et pitfalls with sharp stakes at the bottom ; 5th, tbote who
Act heavy substances whic)i fall and crush, spring snares which fly up
nnd suspend, or spring traps which squeeze the animal, and spring
l>ow«(. Hunters on dry land, when they set their engines, shall mak«
known \o tho owners of the vlihge, the land, or the jungle, and also
to the inhitMtrifits in the vicinity of the spot, that they intend to set
such or 5uch an en<;inc in such a 9))ot, warning them not to allow
buffiloe^, c.-iule, horses, or elephahti*. to come there from such a daj
to such a day. If after this the inhabitants of the place or their cat*
tie, with or without a keeper, shall be wounded, struck, or killed,
the hunter is not in fault. If he do not give warning in this way,
let him rrplace the value of the roan or animal mentioned abote.
Ft>r penpio of another district he shall hang up a notice not to go to
<«uch a pLue, or in such a direction. If he do so, and thej nevertbe*
lr«s ^'<> tin re, and are hit or killed, he is not in fault; he has done
what thr ruiitoiii of forest hunters requires of him. He shall not set
hift en:i[K> witlittut a written notice; the writing shall be either tua-
p^ndrd nti a tr> '^ or cut in it, and shall indicate the road that may be
irav< llr.j with *^ if. ly. lie shall also make a collection of sharpened
hani*»'H> <:irk-. ticks wlii»se points have been hardened with fire,
Moil'"', (T liTi. k-, and on seeing them, travellers, wanderers io the
jurijir. aiii nihil r,tor<<, will know that they are placed for marks or
gui(i«'«, atnl uiil fiHow the road indicated.
If a (!<' i<l auiinal l>f taken from a pitfall, press, or any engine with*
nut till- kiiow!* (Ijc of the owner, let double the price be paid. But
if a p rwoti \\ iiiiii);^ tiie animil shall wait there and cut it up, and put
the tail. ^Liu. Iit'ad, tu^ks, or horns in the vicinity of the trap, and on
tlio arri\ .1 ••! tin* owner sliall tell him the truth, that, wanting th« ani-
11) li. Ii< li (I takrn and rut it up, and would pay the price, let only
the uMiil prir(> of the animal l)c paid and received; he shall not bm
h« id in t I II It If a dead unimal is found putrid, and is cut up and
« 'itni bv tuy our, b t bini be held free of fault. If the hunter shall
sf-< tl (• «kiii. tail, hornt, <»r tusks, let him take them ; the animal had
iHCodir putrid ibrnti^h his carclessnasa in not tisiting his trapt.
Sbo ilil he •> ty tb t «tinkin;! as it is. he will take what remains of it,
Ut nottiiii^' tM> p.ud for the {xiriion that has been eaten. If the hun-
K-r sav^ be uilj take the putrid flesh, skin, tusks, tail, and horns, Iti
hiin do «o . if be refuse to take it and demand payment, let only iIm
proper value of the deteriorated meat be paid ; let nothing be pai4
for what has been eaten. This ts said with relcrencc to lb* time
meat will keep ; if it be the third day, there b no bluM to be i»-
pated If crows, Tultnref, tigers, dngt, or adjwtaote iMnre
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363
ceci to tear up th« animal, there it no fault to be (uuod with inj one
cutting It up and taking it ; let him be held free. This is th* cuatooi
amongst hunters.
If any jungle animal shall be bit bj the eogioes of a huoter, tod
hare the rnark^ un it of pit, stake, spring trap, arrow, spear, press, or
noose, and shall be found dead in another plaee. let the person find-
ing it note by what engine it may hare been killed. If he wiirti to
buy or eat it, let him give notiee a mile or two round that he hu
fiHind an animal dead with marks of wounds on him. If on this Um
owner does not make his appearance, he must wait there. If whilst
he is waiting or cutting up the animal, the hunter, the owner, shall
come up and say, ''it is my animal, it died by my engine," and this
be really the case, let the person who cut him up or ate him pay the
proper price. If the owner does not turn up, aAer having given no-
tice to the superintendent, liead man of the forest, the land surveyor,
or the proper authority, the finder may cut it up and take it away.
If after having so ^iveii notice, cut up, and eaten the animal, the own-
er ithall Ih- (lisco\or( d, the person who found the animal shall not be
held in fault . Irt liini hare a right to eat it.
Where Innitrrs have their grounds divided and marked off*, if an
animal i^ hit in the grc unds of one, and die in the grounds of another,
rt csc\\ \\'i\e .1 rii^hi to one half Amongst people not hunters, let
Irt the owner of the land on which the animal died have only a right
to the he id, tail, skin, rilis, backbone, and neck with the bune, which
IS hiH ri;:hi hy livv aiui universal custom, he shall not say, as between
hunters, "the land is mine," or ** the water is mine; the animal died
Ml iity {)os«esMon ; I have a right to the half of it;" let the owner of
the carra*i> have it. If a hunter shall see a wild animal in his own
grounds, and follow hun without wounding him into the grounds of
another hiiiihr, he shall not claim as having seen him first; let the
owner of the i;r>uitid have a right to him.
If one who hunts with Hogs is chasing an animal, and althongh it
has no rhaiire of escapini;, anotlier hunter of the same kind assises
hiin at ttic death, let hitn have an equal share with the original own-
er of [hr animal This i* the custom in dividing the game between
liunters uilh <h>i:s
Oil (>xr( li( nt king! in another case ; amongst fowlers who cateh
btrdt h) iiiraii^ of a gin, net, birdlime, arrows blown through a tube,
a prikt. Ih»«. sling, or long bow, they are not required to affli no-
lire* If they set any of these engines, they rousl wsleli then; if
they do not, and people come near thesa, the Ibwier shall mod hliine
them if he catch no birds; he shall remain hunsttf^ till tiMn iktl
939
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364
^r.iii or rirr is Uiil down, ind reqiictl tlicin not to gotlicr«. If il bit
II iho jiiii^lc lint near a path, and any one fake out a bird when the
»wn(r IS n I ilirr.\ It i liiin restore two fold. If it be a dcco? bird
hat 15 iak« II, In ilu- prire of a decoy cock be thirty tickals of silver,
I hnu«»L- |>i^( <»ii i\Ncnt\, and a wood pi2(*<in or pnrtrid'je five tickaU of
liver. TIh' o' >|)Tzn of ih(?»e birds is the space botMcen ihem and
»hrre ilie InwUr waiches them; they »liall have no ether; and in
lijspuit'^ l»( twecn n)ulers, ihe one who first at^kcd leave of the owntr
if the r.»ri'vt or (li>inri shall be held the owner of the oopaza.
If a lowh r rome to nn n))propriate place, and set his snares with«
Mil le;i\'' «»r wiriunj, and ratcii bird;«, let the first occupant have the
ight i<) like ilir whole. If the Miares arc set without catching any
bin;;, tlu- !'ir-t oc.-iip.ini -hall have no rijfht lo compensation fi^r tak*
n«T li,^ ground ; il o >«tttr <»f the snrrcs shall be free from fault. That
he triritrH .im! In- id i en vi' the law, after due C(>ns»idtration, may
ieridt TI.i! Mcimo. the son of the king of Bymahs, said. This ii
he law afUMii fst jiimters relating to oopazas, and tho plac# of th«
leatli i>\ a w-uiuit ti iniiiial.
\nl. T/ir Ir.tr f\>r fhri.ioti ill Ufurrtnls of titrnty kktds of oopazui,
L r.iii'L- foruuctrd with the croft of Ji>hcrm(H.
\* F' • r.'- 1:0 rriii'ii, il.rre aro, Isl, konp. rastin;* nets ; ^nd, oik»,
If.' : 11' '- "{r !. I/, sf ikr lu't^ or fsrreens of .*plit bamboo ; 4th, yct-
iln\ . .T k.;i i « T- •. i.ji ol' open b.ifnlKK> work ; ."ith, ycn;j-tonj^, theiarne
ihin: ' h ".\i ' N. 1". r >!» JUw water; (ilh. niyoiij:, traps of split bam-
M>.>, wii.' !i I'l ti !i n.i r. and eannot jiel out ai;;un ; Tth, bouk, bas-
L# f" \\i!i < :* !» ii">!nli-i. !'« r riiohin^ tHli ah.n::f»i<le a boat : f^th, va-
kw M.'. a kill .1 <!r. ;»;)iti: hand net: lUh, prt-thole. |K»i-ien, ^ an-
r,,.-.!.
T'
r«- yu ;« riy titan ihr pike ; l(!lh. nihain;*. fifhing
>;). r II' ! i! \ -i' »f' . l«t-ihoie, and lei-tan ; Ul, baited ho4>ks
tirourit 'I'l : m<- u t! ti a liuf :ittarlied ; *<2nd. a baited hook with rcxj
uhI I :: :»' ' k . !. • I.' I t'» a li:i«\ find made fa>l ut b< th ends in the
k\at.r « :, S: i.a iii^'ki lino for leN : l^th. nihya-kynte, locvpau,
r K- " "!■•' t.» iV^r».. m'nrd-*. or other li^ht substances— •* trim-
T ' r- 1 '' . \ I. ••' t. a "pht bamboo «crecn as alM»«e. laid ^h ping
ri tl •'.' , |n:i.v pmjoriin;.' r»b<»ve the surfice «.f the witrr, on
iv) i< I ii ' t . I rr. ,rri<<) hv the current: 14ih. htKav-kat. lime or
tki r -• 'i 1 iM . jt. ."^ M' •«-» i»» ImIi ; loth, kyan-tite, tirt-;:nen, a Urge
1. ! Ill :• \ --\ . J . « Il mil' i\\ till* mouth of a feeder, the bi^Ort in the
: : •• u 'i ;- w-ufid lip !)\ a w heel at each si<^e, and the fi.^h
"ri\« -t I'l t . • 1 . I ^imin, hIut<- thry are confined ; ItUh, mat-tat*
ih.-: I . \\>'\ ]\ .'. ..| iIh' *|;iii l)ainU>rt» screen, rioted at the top
and 1 :r iii whi' \\ t! • finh are kept alive for u^e ; 17th, hmyoag-
t. Mil :. .1 ', i in I 11 ixo trap made with the bamboo tcreeo, with tbe
oriM- t !ni( d down in«ide from the brim, nearly me^tiiig, with a email
• ptnn; i!i \)\r r< ntre. by which the 6th ^ter but eaonot return.
^39
uogotjS sfiiO30«c^«^i. 6co:303GjJcoS«3oEcp QScgS. ecM£a
seoSfiptn^n oagoiguo-oaojoDoii goStjioSaBi^EigStaAcB
s^icepoS^i wc^Socni. wsQ^sodsS cjj;gsoo5«joo^Qfl§i<(o5d}i
coco^Sas^a^t os^ScicagGiucooSspccSiCoc^sei^^Scoapia)
fip>O3Spi={^i:§8B88ciS>^G?a^igc:go«S**ocoi<^Stg6caD0«(
»^o30j)SG^co»^fio:;5y^i •^roai.goQioicticaSrtaw
01 o3c1f:^05a>c65o.cg^gii<:g^coSoo6i j, Scj^
31 ti£io3?il3»6iSicgf»coSo58. Q, g»@..gKro5ooS.
gi ooS'ogcSiooScoSiJ sSsodicStoSi ooi SSt^ti SSimV
mill 05- (jo!o^cSicoo5ajo5. cocSotSooB* oji oaiftf
364
mil or Tier IS Uid down, and request tliein mU to gotlier«. [fit b«
II ilio jiKijIc not iieir a ))atli, and any one fake out a bird when the
wiK r i> II I ili( r.'. It I liiin restore two fold. If it be a decoj bird
hat 1^ tik* :i, 1. i the price of a decoy cock be thirty tickals of silver,
hnu^c |>i^« nil iwinty, antl a wood pigeon or ptirtridje five tickaU of
ilvor. Tlir o- piza of ili('5»c» birds is the space l>et\ieen thein and
vhrrc \\\r towUr wad lies them ; tliey nhall have no ether; and in
lispiii<-* Im twecn rt)ulers, ihe one who first asked leave of the owntr
if ihr fori'^t or (li'-iriri sliall be hehl the owner of the oopazs.
If a to\\l( r rmne to an n))pro|)riate place, and set his ^narca with«
iiu le.i\'' "f w iriimj, and catch bird:<, let the first occupant have the
lijht I » \ Xr ih^* wh..h'. if ilu? snares are set without catching any
bin;;, tli^ Ut^\ or cupint -hall have no rijfhl lo compensation for tak-
iifT |i,s ^r.Hind : lit* sriti r <»f the snrrts shall be free from fault. That
lie I. 1, i.cr^ .111.! |ir,»(l i. en v( the law, after due cnnsidtratlon, ma?
I^mit Tl.n M«i)no, the son of the king of Byniahs, said. This ij
he l:tw nfiKii '>t Inintcrs relating to oopazas, and tho plac# of th«
leath ot' ,1 w ' iii(]< .1 iniiiial.
\nl. TJir Icir t\.r ff^ri.iou in uftirrtrds of twenty kmds of oopaxoi,
i ./. /. ri'ir.i i trd irith the craft of Ji>hcrmtn
A* F' : r.'- ti- ; • r;.'ii. il.'Ti* aro, 1st, konp. rajtin;* nct^ ; tJnd, oik*,
Ir.' : II' •- 5r ! I '. s\ Xv int< or screens of ^p!il bambo€»; 4th, yct-
hiv. 1 K.:i i • t - . p<»roj)en b inilMK* work ; oth. yeiij-tonjr, theaarne
hi:» : I M Am N. 1 r •'h ,11. w water; (ilh, niyon;:, traps of split bam-
M> >. ui . ''i I'l t 'i rj.tr, and rannot pel out ajj'un ; 7th, botik, ba»-
,♦ t** wit I « :> II II' >it}is, |'«r r Itching ti!«h alon^tside a boat ; 8th, Ta-
,v\ M.'. i I. Ill «t «!r. ;»;)in: li:»nd net; lUh, pet-thole, pel-ten. ^ an-
! » • • r
<:, - l;
u ; • rly ill in the pike . lOih. nihain;^, fivhing
II; r .' . -t' t* . Iri-ilinie, aiifj let-tan; 1st. baited hooks
hr<*uMt .If I ;ir u i:ti a hue ritliched ; *.2nd. a bailed hook with rod
!tni I :»' ' I. . !. • t • I I • a line, Rn<l made f.u^l wl b<'t!i ends in the
% It. r • ' ' {..1 in.:!it !:uo tor i el* : l^th. nihya-kynte. too-pau,
r \.- '!, • ' t.» iVa?*., ^ourd*. c»r other li^ht substances— •* trim*
: . r- 1 '• . \ It - ' t, a «pljt baf:jlH>o screen as aboie. laid "b ping
ri t' -'r •. jnM.^ j.rojori jii;: above the nurface <tf the witrr, on
\li. I t. . t ;, i... .rrw.l h> the current; 14th. htKar-kat, lime or
P .^ 11 iM to h**!! : l.'Hh, kyan-tite, tset-^rnen, a large
. I h II. ic ?.\ tiie iii<»uih of a fecd^f, the bi^^'ht in the
'> 1- V*. iind up !i\ a wheel at each si<fe. and the fi?h
! . 1 • i >:mrii, nherr tliey are confined ; Itith, mat*tat«
t the spilt bamlMM) screen, rlf>«ed at the top
ui<i ! !! 1. Ill win. li \\u' fish are kept alive for ase; 17th, hmyoay-
[. <nij. n ^'.Mirr I ri b.N» trap made With the bamboo tereeo. With IM
• am.' 11 nod d >un in«idc from the brim, nearly fQf^tiiig, with • email
p'loii; in (h<* r.ntre. by which the 6sh ^ter bat eaiinot return,
tl.< r >-'r ! in •
1 • t I'l ■ ■ ! - ! ' 1
:■::;•' \\ .
" r i\ • '1 ji.
, ! 1 r - < : • I ! i \\ • ! , ! • I I ' I • . .
?«3
gS^Siet^cgoEtgtcc^cgoScai tfltgcfii oo&^iwniit
^^t03 ^oSc»i cczShi cor^o33ceo£c2§cet oaStcBS 4i<^
jSwoSlCOJjScBt^OSgSoSOtl OSCOoE. 33SOJ|OOS Q3o« epyj 6039
o3^!« ■scooSdliicgSio^-lc^Je^i.gJcoSftgSiscli^
a3§S^i}Sa>co(^cogSeeiecof5c^i<^t{fi£(^i □aSjoSit^iaE^
a3j)Suu)a3j)Sccoco35iceeosGO!s«iD3e:)te(jtEp5«o3£tcAtoE»C*
^
366
like a lohsier trap ; iMh, hinyong-yet-pouk, a loDff, narrow trap, madtf
also of b.inib(H) hcroen, ^et in the small holes in the bnnda of the
fields; 19th, Koe-tnii, branches tied along the bank of a river, among
which the lish nre taken ; *20th, twin-hkya, holes dug at the side of a
stream near a fall, into which the fish fall in attempting to leap op
The^ are the twenty kinds of engines used bj fishermen for tak*
ing their t'i>h. When they wish to use them, or any of tbe many
varieties of them, let them be set in districts with tbe bottnda mark*
^d otr. Let them re|>ort their intentions to the head of tbe village*
«>r p4T<4(»ti iimler \vho>e authority the landing-place, lake, pood, or
pool 11, wix) will point out and define which is the upper and whiek
the lower fxTtioii of the water in which they are about to fiab.
In the exercise oftlieir calling, even within their own bounds, in
ri\ers. hiream>, Iake5, or pools, if there is by establisbed ctistom a
pa^^nu''* for bo.ifi, let it l»e kept clear for hosts, large and small. In
district.M u here it is usual to call the porpoises, wbicb by blowing
drive the \\>U mto the net, by beating the bow of tbe boat or boUow
piece of u<H><!. let a po^it be set up with a wooden bell, like tboae
tied to liie iw-l.^ of cattle, suspended to it. Let tbem put down
braiirhe^ nf irrv^, and attach gourds to them.* Let them sbow from
%\\p |h)h|> ot ttu> \ i-kwen;; lar^e and small cords. Let tbem place
larger and ^mailer po5t<% for stretching the yengs between, and for
the >i>jiiii<; \(Mi^rs iilio, and let men be placed on botb sides to watcb.
Whrd \\\i\ utvii tn put poison ill the lakes or pools, let tbem warn
ttif nwii* r^ ni iHi;ril<»e.4 111 the neighlxturhood. In tbe kyan^te, lei
tfie (»<>»t«. t'<»r xrnHJinir it up l.e ron«picuou<i. Let a man watcb in
lliC \A.irc \sh«'r<' ilie iiet.« or nrreen** are spread out to dry, that tbere
nio \u n» iloiilti nSotit i(. niid let bnmlxw) or wood posts witb a
iMiiich ot ttnirh nr i:ra>^ b** planted. When these marks now enn*
iii'-ratr 1 irr ii..t ^i i up, if p.i«»M*n^ers by water or by land catcb and
t tk«' t!. ti 'i. til. r ' 1^ ir> fiult ; Ut them hare a right to do sa Bat
if til'* niKK- w- ii.iM II Iter) be e.'ident, and they seeing tbem aball
Ilk I ^ t'l ii uiihotit tl)«- knn«%led^e of the owner, let it be counted
th'tt .ri i t'le -ii'i. if, \%ith the knowledge of the owner, tbey take
th'-fi) \>\ \ >irr 'i'lic p•lTll^h^ient ts this; if a hniyong, trap of split
bi >1>*H.. \Mtli t'l-'i he ijketi, ihr fine Of Compensation IS five tickals of
miw-r. th. ti !i to l>e r<-M"red hve-fold, and the origmal value of tke
tr-^;^ t » !'( {M. i 1 1 tlirre were no ti'«h. and the trap only is slolea,
Ir. th«- tMi* • iu> ti< k i!<« riiid a hilfoffiiUer, iHid let tbe trap be nK
p)i«'<! It :i i»ikr. ^u<M>n. )3-knrii, yet-ihay. bonk, or any of tbe
projM-r < I. M(i « • • :• t*)«ii<'r:ii.!ii lir ^h Irn, ii i ; laid down that restittt*
iiMii Ml ill t»- r:i i«!' !.M».i'.>M . kcr<*rdint! to soine authorities, wbeiiever
ti ii ..:• 11. ( >i>Nti il.>.i4 u.ih thfin. let two and a half tickalsof silver
h' p M ! T'lis i< only m^ant when iher are i4olen from tbe pinee
^
• » J -« I
^66
GOo96^oS^^Saj^^CX)OSi 9dc8oScD^oS|§o8 0094
(^t^0Si00Si§SsOD9Ec^Q§OCO9§S6^C009€@O§O0g8lf fd{
OdGeoSȤGtgaoDos^oSa>^si ^cgovSti
goSecoo^S 8^8iad^So£c§cx)^io^fd^^tCQoSio|t MoMsf
C9S5cGig^2c8SsOJ]8i 6^C9S3Dg8a3CgoS^if|59O9CM^N|ND0
g^SQ900^^^SO£S^O^SsCG»C^O^8C^0d^tCOfo)QBdB4rCM^^
O^«C^S2oScj)cO^85|8c^COC5jS(d^O^«O0^C0OO(
^Ss^noiJ o^?r.*^£gc5coo?^'» o^8oli d^cccSoo^t
GeigY&c£o^cgS<:QoSg®M^^O3cpo3o<{aG^>c0cStc^Sf^8icpoSqarf
§Goooi 0^3 gSs^gSoo^in cjScg8G2oSc0doaSc^ oncQMoU
Gcoo c^ cx^godS ad^c<)§ sGcoo oSco ^8 cGioSt QSoopStesofii ^^^
t-;-.! -••
S66
where they arc kept, but are not get. For the crime ofstetling fish
eiiught in trapes or holes, or laid on a frame over the fire, or on %
frame in the 8un to dry, let two-fold be rentored. In poisoning pools,
if only the owner of the pinil or lake in awareof it, and has not given
warnin;^ to ilie tiw.iers ol bufTulocs, if tlieir bufiaJocs or cattle happen
to drink, \vh«'t!icr tlie owner be preironi or tirt, niid they die, let res-
titution be mad(> in tiie t'lllowins proportions; If-t the fisherman, the
layer of the pvM^'on, pay t\vo-(hir(!*i, and the owner of the lake or pool
one. If they do n(»t die, but i»re ill, let thcni sec to their cure. If
they do ko, antl ihc cuitl** die. let tlicui pay li'ilf their price, and the
owner of the tiurw \\ i il;e the tle.-h ; let iliere be no further forfeit.
If after «1ij<* u irnin^ luin;;; ^ivcu to the owners, the entile drink
and die, lei the Ij^l.erin.m who |:ii<l the poi.^on be free from blaint.
If herdsnu u or druerj* in charjje of bufiaiccs, cattle, hor^fee, or ele-
phiuts, or peupb^ trnvijlinir^ ^re the above niark?, let them under-
stand by tlicin tli.u the | lace i.H a fis!ieriii:in'f« oopaza ; and if within
the«»e mark"* ilkir property is damn;Ted by their elephants, buffuloen,
or hnr>e'*, b t ihc proper price of the article l>e repaid; there hhall b€
no plea ili.u ilie owner was noi present. Why is this! — because the
marks by win b the place may be known are put up, and the owners
of tlu* c ittb- {..I'd no r«'«pert to thcui. If there l>e none of the marks,
and \\\o Cuiilc tr.nnpje over the pr.>perty :in J destroy it, there is no
fault, b«Triu>«f ill*' nrirks wrre not set up, no: any one to take c:»re of
ic. Thi*" the hn;re Mimkm), the »(»n <»f the kin^ of Bymahs, said. Thb
IS all that relates to \Uv utViirs of fishermen.
4/A Thr Idir fitr dtri'iiii:! as to thr suilt or otheritise of stealing
ffitirrrs^ and thfir voptna.
Oh excellent k:n;^! if any nnn •<ical flowers before nooQ, let him
\te expo^rd Ml the •*uu . if it be after noon, let him be free frow. this
puni*^l)nient, and if the fli»wers are f:ide<l, let him be free from fault.
If the Mwiicr of thc^ t1 iwer^ cutch bun in the act, let him ttke his
flowers, au'l if it !>*• befon* inMin, hi ihe thisf l>c exjHised in the sun.
If the pernon takin;: the fl.»wer?» shall admit that he took ihein, saj«
itm h«* had <K-ca^ioii tor them, and offers to pay for them, let the pro-
per price oiiiv b<- tak'Mi : let him l»e free from the pu:ii)»hment of es-
p<>!»ur«» to thr I'Hi Thi-* i< ?»aid when the theft is committed in the
day tune If it be in the niKht. though the person admit he took the
flower*, b'lt deel in* he hi«l iio int(nti(»n of stealin;^ them, nevcrihe-
lr*«* It shall l/t^- coij«.nhred theft ; let him pay the proper price of the
tlov«ers, and Im c\;»om d in the ^un duriuj; the forenoon, and be released
ati s(Mi:i a^ the sun l>e^ins to decline. This is said when there is no
fence, and the tlowers are on the tree; but if they have fallen from
the tree, there is no fault to be found for pickinf ibem ttp. If the
owner of the flowers shall have tarroonded tkMi with A food mmI
p4trfect fence, and they ire ttoleo at nifkt. Id thorn bo rmorid ono
eeo§o7coo5ecO]6eE»e|,QSc^Si< uSto^gEr8c1s jjSccaSce»c^ta$
cDcaaSi 03^£ic^Eieo3]SsEitu6s^&^oiie^09<^5tsca> JH
o3fg£tc^itBjj§ia9oSiie»e^c£ia3JiiBgfiaagia^«oao9cli
<gc^&ica3Sig^SQg$«oogOToSic^§8^<fl«ocxiSi UflpHii^
8OcScogSc0i33§Si uSi(f)a£jj^tuo3^ ^f <^acai •SxJBamB
\t gi3oicocfi>en:fo£iic82goa33a@3iBc)SqfaQaw '
§oSc309»&i^ii e»cSio2e{ptieai^s8tgottoaa^«B8Mft
367
hundred fold iii flowers of the stme kiod, aod let the thief tito tuf*
for the criminal punishment of exposure ia the sun before ncoo, and
be released when tlie sun declines. If the theft be committed in the
dajtime, let the flowers be restored fifij fold in the same kind, and
let the punishment of exposure in the sun in the same way at above
for theft in the ni:;ht he inflicted. When there is a fence, the fallen
flowers shall not be picked up or taken. If thej are taken at night,
let them be restored ten fold, and if in the day, five fold ; let there be
no punishment of exposure in the sun. Why is this? — because they
had fallen nnd were faded. This is said of flowers which grow on
dry land and H(M>n fade. In another case; as regards flowers of the
dry land which have (only) leaves and small branches, and roand
which there is a fence, if they are stolen at niji^ht, let them be res-
tored two fold, and if in the daytime, one, or their proper price, and
let the thief suffer the punishment of exposure in the sun.
5/ A. The law for dr riding in eases of theft of jioWfTt^ nsl 9f tki
aborr kind, but of a durabU iubstanct.
In another case; if flowers, fruit, routs, bark, flowers that bear an
ear, or a •^iirrrHMon of tlowers on the same stem, outer bark, bulbous
ri^us or tlowors (hat do not fade, ;!re stolen in the night, let them be
re<>t<>re«i ten fold, if in the day, five fold. The punishment for steal-
ing 111 ilir diMiine it tlve days exposure in the sun, and in the nighty
ten da)s (ill Miiisct. Why is this ? — because they arc excellent flowers^
that do not fade.
i\th. The oopaza of water patters.
As r<>i:ar<ls water flowers ; if any of the five kinds of lotos have no
one to w.itrh (hem, or no fence round them, no one shall claim them
as owner of the ground ; let any one take them. If they are stolen
when siirrnnnilrd h\ a f«Mice, like a garden, let each flower be restored
one h(indr(Ml fold : thi^ is said when stolen at night. If it be in the
daytime, let fifty f«>ld he restored, and as criminal punishment, let the
thiff •^utT'T «'\|)(»«nri> in the sun l>efore noon, and be released whtn
the MiM (I* rhrir^ Thus the son of the king of Bymahs, the sage re»
cluM* ralltiJ .Mt'iioo, ha^ said.
Ith. The law as regards the oopmzoi 9f dtui^ wiOtlgl§$^ ismtUu.
ky^mngi^ amd kmius.
Oh excellent king! the oopaxas of solid p^godaa, otker pafodas,
and convents, are not merely, as r«fards ooo?««la, from tkt pofia of
the steps, and pagodir, from iko flrot pirtihfi abofo dm
6o^98tgoQiooo^si o6cl^8sdBoo9i§o^iq8^j
•gSscdoSsG^^icgSi gochooD^sid^c^d^^ooogotto^i^ yp
g^oS§cx)^Odd^8sgScg8iOd^<oo^egadG^ogi
lcQ8oo5c^d^^i o:>8s|^c8cei •}SoQMJ?Qocid{Baao
f gS<oj^i ODojSd^Ss ^1 ooois6(p gSSi G0^8t j8 cBodi fflifarf
QC<Sr^8iOdG08co8cei "Ci^^@*^9" oooSoopSoMOOiM
coocooSi oD^c^t j^SoocogSeei ■ jjmnrmrffTinffiwitBiii
cSd^oooo^ji
goScOGO«88@8igOOi0088iOJCp«j|6|i COICg|li|||^2|MCtt
o^^ s ji 8 odajs^i 00 8 j|03CoDocoo5^^od^|§ea>oa^i
co^si goQbOQcx)8s cosoodci^cS'i adc^o84|So)tcl^9A8<
»^030 j|8 c^coop d^cooS^di^i
goSeo30Q88^si||gocgogSico3d^sogoi6|[>caooa
0goScX>Of@GBlCODd^8OOOSS[p|So)s§0d^l02CaOO$<
ggSi O0e0OC0»90S:§iS2GOC>96^2l^i0D099ti8c^8^|^^
Mm
368
in the ground ; the) arc as far aa a man of afcrage strength can throw
a ^tone. If they be surrounded bj a wall or other fence, the oofMia
19 the 9anic distance, namely, a stone's throw from them. Theoopa*
za of n city tht* ditoh of the same ; the oopaza of a village, b a rtone'a
throw trnni the caves of the loMt house. The oopaza of a house in a
vdli^e IS its own fence, if it has one; and with regard totheaeoopa*
za9, if a man, bulTulo, cow, horse, or elephant die within thero, with
marks n( violence on thcin, or are injured, or have a leg broken, let
the (M>paza:4 be measured and marked, and let the owner of that within
which the unimal is, if the doer of the wrong be not discovered, make
restitution ; if it be a man, in the price of his body, thirty tickalt. If
the (lead man have no relations, let the owner of theoc^aza, having
)ii\i'\\ notice to the lifrad man of the district, bury him. If the body
be fixind hotivcen twooopazas, let the distance from each be measured;
if tficy be equal, let the owners bear accordingly* If it be bufialoes,
cattle, a horse, elephant, or other animal, which has an owner, and
he (he, have a limb broken, or is injured, in the san.e way having
meas'ired, Id the owner of the nearest hcuse or convent, if the doer
of tlie vvrnii^ be not found, make restitution by giving another. lo
all the ca*^e> now ^taled, if the doer of the wrong is known, let him
only make restitution and bear the blame. If an animal come nniier
the h<M)-r. and die as nbove with marks of violence on him, let twice
hi> valu' be restored : that is, if the doer of the wrong is not known.
hfh Thr Idtr of thr oopazan of the pod whose mystiries ore moi to be
tittintjtfid tj hr found nui^ and vf all men ^ from the king eiowHward,
Oil e^eelleiit kiiij^ ! as regards the images of Boodh, people shall
noi \)\:\(i- tlwm>el\cs t(K> fur ofl or too near, not directly to leeward
or vviiKh^ard. not immediately in front of (»r behind them. This rule
aU«> ;i*)|*|ie«< to the p«Ts«>ri of a km:;. A proper regard to these oopa-
7.n< !^ ]»r<.(iiicti\e of advaiit«i^e both to a |>crson*a teni|x>ral and eter*
II il iiitere-ts. and an iiirrin;TCinent of them will not pass unpunished
« '.iliir 111 this world or the next. Thi« h.i.^ been clearly laid uown
III tin l'i:i.:;!i by all the succis.siie Paras, so thr^t by duly conf^ider*
iiij tilt <- |) i^<(*;^,>M, the kiiit^ may Ik: enabled to decide in both cases
ot iinr i:! j<'iii« :tt of t'.ie o«»|)a/ i*«, either « f giMls or men, in acctirdance
.Mill tii* \tiiiralile t nstonis «>f anti(|uiiy. Thus vhe sage recluse
>!rii.M>, t!..' M.u of (he kiii^ «>f Bymalis, said.
\Uh I'Lf tiro itttri of' tutpatai to be oburred by the followers of afth
nrrnl, tttktr if mm or antmch.
< ih ( \rellt lit kiux ! la towns and cities, let the road ftw carrying
iIm- <)ead Ix' t Icir. There are two kinds of funerals. In carrying a
<-(irp«e, the bearers shdl not p«M under the cavM of a booae ; the
owner shall give them notice that hit eaves are not clear. If acorptt,
a coifin, a log to keep the body down when bttniMif , a post lo kMf
cgSiiSii o^oScSii cowSi^i c^ioooiSe^eo^SitSSoSuGBcota
set osSoooiSs^ ^£i c^003< SoourcSi t^Soc fnoissicdi Mtcti
»gc6coD3(»Si^!i ^aiGQi^t^:c(Seo3t ciJje§oo^yotsycaD9
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£nc@o£tg8«^i^ccoo3gi'« g.:iii3;G)i cgoSou^toopoo^wjJ
cxMC^cgS^Sco^joseSooj:. cd^c^S» gccgoSi^StajgSi^
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c^oScgSa 33011^. sg;cooDnS;iGDg!G^^cc;gcoaSi uc^swdMi
gt:goolcS»S!^3o5ieo30!G5F,£i csc^Sis^of^cpogS.eo^l^
i0305i£qco33r^oS«ir^gqSsB:o^i:^C)^£ir^s^gxg8i^
369
ihf ri-iTiii -tPulx, rircuiiDi!, or any ilnii:; .ipprrtniiiing lo thi» drad,
!hr* I iir'i- 1*1' <-l>>tli uiih winch th<r n Ifiii i^ c!rt•s^oH. when doubled
r«-un«l ihf ('i.t'ln, ilio ^niin' uhnt miil'!* . tl^' pukleil ton done up in
fi'!!- ni" |)! iiit:.ui I'-.ii li»r tli^' pri«*i*. tin* rur -uinrd uiih tiirniorir.
fIi«.in!'M« i .i!»i-':i^-i lii" |M I plf. ill-' pi.i I'lir \hv uiitor wiili uliich ilip
)»'.>('\ 1^ ^!i;^lii!\ -|»riitkit-il iluriii:: tlu* pray rs (if the pnt ^(j«, thai tho
iilT»'iiiij^ iii.n!»: i'i:i\ III- -n (|ii\\!i 111 ibi- rr.'ili: i»i' thr* df'COii!ird. the rirr
!.. I'l- !i n 111 liii- iir-'iif — if'.iiiy f»l' iho*r h:ipjtrii lo gn under the cave !i
i<t a I M^!'. .ii'l ttir- nwiK r (!i^r<* imt *u\ nniihiiij, thc-rr is no fiiull. If
ho il"*-. ht ti' t.fliriii;: «»t flu- pur'* Uiiior*- of t'rictiiiship I'liid threi* lirk-
ai^ !.(' mIi it I-i* tuiiIl III in'ii. ir any nl* tlii* prir*:ts i>r ppfplc alton«liii{;
iLi t'lin r-il. I-m: not iirrunj :iit\ kT tii«>i' thin^^, p.'i>*« cir 5il down
ilil-!«r tIi.- ••,!'.. - I'l :i IhmI*I'. iht'f I* 11(1 iMllt
In t!i*- *'^> •>!' I' trr\ inj i!«* id rumn-iN. iI'Mmv |n<>^ under the ca%r«
i.t I lioij^i . iIm r<- I- ifi t'lnli 1i i< ni«t pr<'|irr to re*«t ihem on the
|.T"ji'i'ii!.^' • ■ '!* "f rtii il.uirnij ■ r «ii thtV'^iip' . it thev he rented there.
\%iiK"Mf it- ('•-ii»iMit I ftiii ••umr of the l.nir-c. let hiin ha\e all that
«■ «.. rr-t> ti fill- I'A'.tr i-t' ill*- (h^id Miiiiiai ^liail nut havo ill \\ hv
1- \i.\- '-—ill I" I'j-'- It »- p.irilhl i«i th»^ 1i»Hii«mj5 I'ltie ««f hanging the
:l.-r. ..ii r-.i t« I • in*' Uimuntj iht- hN . d ahout t'min the pot; he
•■•i , II- I !•» !•' !r';u f'ii:!f « »ii « \ri hi hi kni;:' I iiorc i^ a tradition
III ...■',» T! -■! »'m Ii* lir.iii » iiiiH*. in tin •■■'»i!itr\ uf Rfnirr^, in l)ie
T- ijii ■ I 'm'ij llr iJin» -i ii, ! • -• nt rt tii.il tii»' u*>nj riiid pii!»tished hi«
• .11' ■ •' -I t'l' !.'• • I n-' ii.Mii il. h'^^innin^' wiih hiitValfM*^ and rattle,
• ii..'i i! 'i' ! ..•»«. iml ?!■■ \\ !i"l^ ruMiitrx wa- imde nrcpMiiitcd with
<<• *• • ' 'I' * \' i:i ii I'lii'-. in ih«- o III! kinj'»> i-niinirv, there wn« a
iM :.'!■- I •• .'•" I I 111 II . lUil ksi -.111,; ( hi'- ill jht ^ hnd man. «h«»
i; .! : ■ ! ■ _ ■:■. 1 1 ■" loi *, I: !■ iii. kill* •! :i< I In r p.r«M|| .. hiiHorU tn the
.:.!■ . • ' '::• iM'! I- "\ i! i-.( I', II. tr ili\ lijii! hi u .!> tired, and
\ '•■ • , :•••■* I' • :•■ t-r ..^j.inft till ttiM*i> lit thi' iii'tii III ro*prcial«lf
: .:■ . .. : t .r ■' .i ..t". ii -••n««' pH it - .i|' ihi |] •h h*- hid in a |M)t. In*
r.^ii %■. v. : • -J I • ■! i\ di\*niil. t>.»^ nvm* r < f tlu* liuMnrk. h i\ inj
If . • • 'f. ,.' 'f, * lu till -•■ mark- ai.il ^lu-il ilie tiuner nl iho
!• :. . V' ■ r» .' .• ■: I" i' Hi ii ••iiif J- I* 1 ■ t'lUi*. .iiiii lii .1 he kinw imlh*
' . . ■« .' : ■ I* ■ ' : ' ii!il\ tl »% '." w iliiin 1lt«- ••••jt i/.i III hi^ hoii«i'. hut
r •'!': 'I ( ! ? .' !•■ t . i! ni»i liii! Ill' t.)ki* ii lip. that 9iMne had
■ ■ . I . • !. • .■ J »»»:»• f 1*1 •■ f.Mii f «irihi' Iiiil)ii4*k r«*plied — 'the
l> • > - .-. -\ I* riM'Vii! 1^ otiti \%f-t, ind till* ««hoie aaiuiiil
^ -I ' • :• .• -:. t! I- ri« ' k isid 111 I'l an- !• ;'(, .iml the mark- nl'
:• " ''I il liiv t>Mil.ii k vi.i. t .k* 'I i-iV M) thr ni^lit frifiti
■ ■ ■- t.i'il. arnl in inrin^» ,* I h.i\c i'ihijiI the rih-*
'.*■■:• *. ^1 . • f. \.-ii r.niiint I'h-.ir yxiroc'l Thru lhr« Cauif to
t»- . ' ■>'!/. iiid rrpfrvntcd thr ifi'iir tn hini as it had or«-
t :r'. i • '•.I/. .;:« li ihi* f*Mi'h»-r, the - ijr rer|u«e. stated the caM
t > : •. I 'I : :c*'' d t--u\ (i> d'^cide he nrflend*-'' it la • ttaditiAD
t' 1 * . ■ •/•'. .:-../ . f » ri'!' i^4t 'hr om m r nt the nopaza ihajl takt
cGiSc^Sof t§6^09^> 83^scooo8iaDosiggo§i o^^oSoSglcs^
d§sgo8o^soo8s^B^o86ogsG^^ODc^i gol^t •nooigSoDgoogtofi
oof^sooi GSSooeoSsodooSQcgoSi adc8co^ca3oa9So8^i«
0O0SQefG[)Q30O0de{§o88^OBO2C§0^te3DOtcg8adj^l039)6f^ClCD|§
gcSioosieccosu6G^og^8R9?Qoo9oc8(^6pd8sic;n8so^t^tfl2id^
eoSQCgc^i GSS:^tfc^8uoScooG^iio8c^ff3;)Si G85QEa»gSocgoS
G^l c8o1scpQ^3D^uG855|80dgS?OtCg8l Od§8ogO$60l mgfcNoi
oooso8e^?ooSi ogoso8oo^o2c§ooc8o5^^8i egQ^iooaSagMS
j)8cS6o86eB G^939soj83dgoSoQa2§o^Q€l^o306^i aoaD8d^oS:|
gseQ^330C^i coDon^o8gec^8sg3dag(?c^iooc5j8g|
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ooDcc^oooso o6ol2oSsoo8c^c^eo8ffco§8a3gS§8^iooeg98i|i
§8O3O8g^CO8O3^g8^DO0sgo880d§S Q^O^OdOO^I « JM
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S70
!• -iiii .111-1 li.i<' . l<-i iiitii I ikr ^v^iiii r>iiMi-<.j hcir all bl'imr, and mak^
.ill r< -iii'i!!' II Till ii' is I )iri-i'i'i!iiii tnr tin*: : tlir man uf rp^pccubili-
i\ .-iiiii vw :i!iii I- ::iii>i f)t III i'lX. Ill l:i:ii iii.ikc rcbiituiion by giniiij
nrixili'T ixiii'-i k. in \\,i-* i|iri<*iiiii ct ilio « ijc ri'clii'*i*, hf bad lo make
;.'•». .1 il,.' !iiil!i.i-k 'J')ii.< 1^ till- nrijiii dt* ilic >.'iyiiik!. " ibi* blood ol
th'- t>i:!iHK^ 1- -|it iri!%:i>i I'll tl'i' il 111-*' uu uliirli It has boeii bung."
'i\.i- I: •■ - ■/'■ r« < !:J'i . I" !:'■ il M.'-ljiMi. HiiiJ
!•••'. 7'.', r".', .■-./ ^, /, ,.'.«/■/«./ ^1/ #1 wiirriii^r party
111 :'i. •! -I . '.s.. , i" j;.,i |., ir.j .ii:ii\Tril Im |i:j-'* or rrtnnin under ilia
4TiM - I 1 .1 ii<":-". i-r iiiuli r .i tM<- i-l in tr ; ulifii nuMl nCCiirdinf; t(i
iJ.i .1 I- i-»- . I .!' ..'■■■If r-i L'nt- ili'ir -i.ii«» ainl «J;iiii'lit«'rN in marriage,
::::\ i:i '.J <■ -...■ . V ■! v. .t's ti.*' in .i ri. ..t s)..J] ||,.( |,c t:iten under the
ft\i^ it I !. ■'■' ti,'» sv\i.ril, till- rup. ilii» l>rt>.i(t iial, ibc bed co\er,
ir;;,:'A« l:t;: '. .:i' -t k* ii. ili' I't.inr oT :luiii -b.ill nt»l be held
r.-i.- : •■:!' :.■ ■ :.\..ri'- i!.i- i-^Miir *'\ fl.i- li-ni*r, l-'ii >h;ill suffer for
i! Il :' I. iM ;•! ri'ii~^i>:i iVi<ni tl.i* kwik r nt ilirlinusf, ihoy 'ball be
.ii 1. • !. I • ;■ • I i" 1!.: \ :: » uii'.i.ui !• .i\i'. I iili |htmiii II bo does so
• '. i j» ;\ f ' If. ' .- \ i'l - livif i.i till- «'*! ruT i»r I he bnuse It is noi
•. I : : !■• :■ !•• ■ ! r. ;■.'• »ii' ilui.j^ i!;I\ : .mm nm- fullowin'; the
•■r .. . . J. !i • I • ir 'i.-ii -.1 ]• ! Iiiiii |i »\ A* r*'i»;ird!« ihe bearers,
• ■ ii ! ' ' ; ' :■■..::•. 'i. ■. I's ! iiiijht. . r in 111:* III ibt* bt^u^^ a** se-
: i" .■.' "I I !r' I- I .'.>i!\ . ^rih^ <«|.lif .4, 5I13II not on
: : ■ .r - .\ ■ f '. In 1. 1 nil- i.« r \ri\ lUr^t ibini;!« ; if these
• : J.I .'.Ii.'. I ir. . i!i' 11. p.ijil •'. .;!.»• iiiii!iT ifx' eaves, the
' ' I T !.- lii'l II t oril' r ilniu. if it bi- a man, let
r;. ''. I V. i.i ,ii r.'. ' m \ -t; . > I'-k .1* i- !" «-il\ rr Slaves who
■ '. .■ ■■ : u » i;.\ I f ! ..■ I ! : r>>'. .1! "t r% :iiii^, .-iiitl nUies
■ ■■ ; t ■ : ■ :i:; : . J. . ! i-r''. Ti «| |.i r.jiT* tbe above
' ■ ' t.,i;r I 'iinin II ;ir«' n««t bcrcditarjr
■ I \\ I'll I':' i-\< r; ri.in •>! ibe (liiiii*^ men-
;■' w ■! I" • rrv !!.•• i.'.} i r arih'Ii's without
■.;:.! :i ■ ', !• '.•■■• As rv^ in)^ a trrr of
''.... *. !'■ i i:.' .'■.■. iff iTiIh' trc-r. a inarriaf^e
:■ r :' ;i t: ■, ,. , |i..'. vii-.ii i,,.i tc cau^d 10
'■■'•■• .■;.•..: r« I'lirr It . this is
'' (•• Il It Im' .it .1 di>iaucc fiom a
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l! : i.i .rri :. I* pir(\ «i«b to rest in the
lit- \.ih»r ivi . !f( (hem be at Iiber-
'. • .' . \\ '.\ : 1 ' \.9'i .Hi-i* 111 ihr hiMi*r of
. • .' :i r.- -'.•I • r. .'. - i- •- • rii ^n fiitn nf llie ivnrbi, who
"'■ . ■ • 'I 1..I' -i" ;•"» n:iil •!. t. hi\r brrn made, and also,
1.. ;« iMi* ^ l.a\i- J.'. • II thiir r. ti«i i.t . mi tbii account it la
• 11 '. I' • :•' ii> -.•I rr: t II tvi;i^ nf tt< d tKr«e «wtpaza, decisioni may b«
^'j\iMi »' (If hn^Iv
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goScSo^8a2oos[>?o2^8D §^^8 6§c^£c§Sc[8gq<£«
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c^o8 ^^8oj^^o308i c^diiocGpcogS cooo c^o§oogSci "BcQO
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371
I \th Thf oojxnay of the dii^trifU of honey taker*
Oil oxcflUni kiii^ ! tin* hoe-liuiitorj* in takinjr honey and bcc»' waji
tre not r«'LMilaUtl a-* ahovr ; they lia\c nu distinct hunting grounds,
but th« y |>ut a mark on the trees, and if a hu*iter .see on a irte l)cc«
are hixnl on. the Irirk |M'ahMl, the tree notched, marked with acrosnor
ti»'d roinnl with i withy, and >hall take the hi\e, Irt him restore two
fold all w.ix aiul hom-y that he jx proved to \\as\: removed. C>r witli-
oiit iiiakiiii; mark** as above, a hunter may say frtni i^uch • place to
ftuch a {)i i('( 1^ t)i(> diNirici in which I ha\e the rifrht t»f taking beet,
and il* i.lHT ilii-^ warniiii: tlie> are taken, h*t (the offender) restore
two U l.i
Jfaiu Imi -hiiiiter hreed> and tendN hee» wiiliout marking his trees
n^ ahi>\r. nr L'>MU:( |>ul>lir notice (of occupancy,) hut only tells the
ctwiMT •>( iIm' lt!id <>r thf chief of tlie district, and a traveller in the
ttt^ciH* . < t ;i:i\ II. ark .shall unknowingly take a hive, he is not in
fault . I* t itiiii have a riiflit to all h«> niav have eaten : if he has taken
the )ii\r to .iiioth*T di-^tnct. an<l the owner of it hh; 11 wne hi'u, he
•>h.iil not )•<■ li* l«l in fault, h t htm l><> acquitted. If the (»wner of the
lief* III! ill!' traveilt r in the di-trict whtre he t«»ok the li«uiev. let
Iniii li.i\>' .1 njl-t io all he may ha^e eiieii. hut let him re.*'tf>re to the
owmr .lii til tt M I'it. hoth hoiit v and wax If he admit ih tt he took
th< m nn .% jihii. i \ . . ml ilif ow i:« r of the l»er> ylill ^'le him, let him be
n« i»- m!' 1. aii'l tip I ikiT «»f the hie- he In-e froi.i f.iilt ; hut if the
«.uiHr t'l ill' ':»♦••» Il id re«|ii>«ied the ir.i\ellcr lo :i'!»i.'t from taking
or ♦■•tiij. til I..' -.v. "lid n"t rtlr.iin. It t hiin re^in.r dt>uhl«'. These
nre tl • < <. t*>iti- • ! t" • -l.Mnt' r-. and h\ th« ni jud^^e^, myowooiis and
|i, .]|..i!,.r« >>• til I .ker^ of <!aniii)« r for caulking «»r P^jm)?
h iiit-. ar. j«ii«i» •! hv ihe •.iliie ruh- a?» tin* he(-!liililer«
\\ tii'.i n -I. tl"; \i!itw e.irlh, whiili are lakt ii l«'r the u*e of men,
i«,..\ t-i • III ^\* 'i m j»^ Mij iioiirr to the »wner i f the laii I. If they
.ir* lik* :> 'Mt'i'ui ni*ii*< . and the* owner t f the land )i id n<t set ft
^^.tt<'i .Ml I' 1' t li)' lakir ha\e a ri;*ht t(» iheni I there be a
uii. 1.. .i!mI i.' l.-*-* I'M iheiu not t'« take it. and they do not denial,
let ihi 'n reM.ff whil they hale taken, and l»r free I'rtiin f.iuh. Whjr
i« thii» * — tiooiuso the) are the natural prcxluciit»ns of the earth.. Thu«
the •-.n of thr km^ of llyinah^. the sage reclu^ie called Menoo» mm}.
^8 odoo^j^oS^o ^S^cgoScea oo^r^3dgo<8i ccooS dSSjjS^eoi
g88co^iOOGS£oo^sc^d^oaoo^i»C]8£Gd^«gSroi^§^8cl^GS3>
C[^ oI^OJuSh ^D2^0c8^SG8Sj)8ii »C008Co8« ODOtC^Si OOP^CgEl
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cei cjSad6^o88c^o8g8oo^n OdgSoo^8oo^i Qgo^oidBn
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I tlh. Thf law irhen a litk ptrtvm, slttapiug erer tktjirt fmr
ntffirr III anothtr ptrtom'i k»ute.
Oh fxcclluit king! if any mm, being sick, whilst fi
Hranntii^ hiiiihcir, bIuII kct fire to lija own bouBC, and ihe fire ilnll
ciiinmuiiicnlc Iodic Iioiiks oTollicro, ind they beburued, Ipt hint be
valueil mid pay une third t>r thf price of hit body to the penoa wbow
IxHixc IN burned. Tliis is when a nich man i« fumigating or warning
liiinwir, and l>y the burning of hia own bullae another peraoa'a ta
aet firo 111 mill cdiiKumtH), that ia, wheu only one kouae u bnnedi if
there W niiiiiy hnu^ci*. lei him give one-third oi all his pri^rtf that
hail CF'Cnix'H tlic fifv to iIkisc whuae huHsea hai'c been dcatrajMl ; if
he h.i!i nolhing In gitc, let the wife or huaband, cbild, or parents of
the Mck |HTM>n Ik- sent round the town or tillage with the gong, and
proclamation be made fiir what fault tlte puniahment ia infikled.
This hw i!> laitl (liiMH that far the future, the custom may be firmly
flabli->lii-<l If ihi' ahiivi- puniahment in inflicted, let the offender
lie free fruni niakinu rrMJiuiion.
I.'rf*. Hmnr'Utie tkr firing of mrigkborine kanuf fram a hamu ip>i*
Irii by Ikr fin rorrrtii up vn tkt ktarth.
\\ ail) one han n fire coirred up in hU houae, and by reaaon of ita
not beint: |>ro|H-rly covcml Ilia liuute ia burned, and the Ire eommii-
ni('»irf< lo otiii-r hou>e!> and they are deatruyed, let him pay iwo-thirda
■ >r the (irire I'f bii biHly , and (if all hi* properly that may have eacapad
ihr rire. In hiiii jine iHo-lhirds lu the owner of the honae burned ;
hni hfc^iLtse hi> iMv was rotered up, let him be exempt from ihe lery
aetere |>iirii>'liiiien<
U\tk n./jar'Ume kf
inioMtd kji f rafting lo ligkt om ml A
If nliil-i ^iiiy one la ictiiiiig a light Irvn another'a kouee, ha aeu
lire to II, 111 Ihe tefcber ofthe light make reatitution to the eUMH of
the Liliii- ■■] [Hi-ihir<U "f all 1 hi' property that waa hnmed ia Ihr
hoit-e . I> I liini Ih' •■\i-u*cd paying fn iht- other third.
I : Ik. n.fiufiling a Hrtmkin ««• uttimg Jirt la ikt Imua rf mmthtr.
In -inoiht t ra^ . if any one ahall have drank to iMousMioa, awl
•hall in coiiaeqnence art fire* to the howe of aNothw, IM Vm Malt*
guud ihe ^hute Itno, and let fawi alao bear iht crnwM
•?
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374
l^A. Rfffanlinff stiiingjirr io ike hen$€ itfan^fker in apmssiam.
In nnotlior rayc ; if an v one from passion i^hall «Gl fire to the hoote
of another, let liim pay the price of hu U>(lj, and ttl»o make good tlie
lo89 of tht! hciui<c and all thai wat* dcHtroyed with it ; this it, when
only the 1h)ij.*'(.' of the person against wliom the anger exiated it des-
troyed. If, on account of this pa5.«ion, many houses are burned^ let
the perifon who i(cl fire to the ((ir»t) make good the whole; if he be
unable to make ^immI the hkvH us above, let the wife or husband,
children, grand children, parent;*, or tliose who live along with him
be sold, and let tlic lo^s be made g(K>d with the price of the whole;
<uid if this be not aufficient, let all those who lire along with hin^
without any exception, MLfTer the criminal puniyhmcnt, that all the
town and country irny know.
W^th. Ikfsjardinff >ttting fitr io the Itmsi of an euemtf.
In another cn«e : when one villa^re or town has a quarrel with ano*
ther, if any one .-hall Fet fire (to the op|Mt»ite town or village,) and
the |>er?4oii \%lio ^u^*ered shall accuse him before the chief, let him
make f;o4»d the h«>u>e Imrned and other damage done in the village,
by lo<*i of prtipertv or of life, bnd let him suIHt the serere criminal
puni>hruent of roliiitir in the drum (or cayk.) If this be not the na«
ture of the prt'irrditi;;, but one tillage having been set on 6re shall
in turn «-! t t'ir«* to the oihfr, the amount («f li^s or destruction on
iMitli Md('«> hv in(|uir('d into, and let the party who has lost least makf*
re«ttitutii>n t(» the other : if ihelosh l>ee(pinl, let no restitution be made;
and as rf;::irti> tin* rrnuinal puniithnient, let it Ih* the severest one,
%i/. rolliii f III t)i(. ijriini. or rh-auin;; eltphnnt and hori«es' dung, and
Jet ttie tnli.ibitant** of bctth villnaeH be ile^raded to the dwoon^san-da
rh«**. Ill tlti^ wav, let thr kini; and all chiefs, judges, and heads of
towns and ulla::« <i. dmde; it ^hall n(»t be i«aid the inhabitants of one
%illa;rf \^<-rc tfu. anii of the other many; the rentitution is irrespec*
li%e of nuinlMrN. anil the criminal puni«liment hhall be equal; in such
ra<^«* oiil\ rnu pneM- and |MMt|>lr li\e in the country in |»cace. They
(chif-r) ^llall mNo ii-e ineitni* to prevent any repetition (of such uf*
i<*iiri'« ) It' It Ih* rc|H'aird, let the perpetrators lie banished to a dis»
lnnr«>. and ht thiiii U* mutilated that they may sfkerwards be known
If the fifffnci* Im' ri'|M':iicd a third time, they phall be put to death;
ih<-n thi rliirt'» wlio ha\r eharjte of the country will hate qniet.
WliMi drunk :ir«U are numeroiM, thieven are; when thieves ere no*
nirrfii**. I luU -*• r<iblM*p» are . and wiu*n lliey are numerous, it is as
li^td a- uar ; tliii Im-hi;: the caM*. it is the business of the chiefs ta
prrtent ii . It i thi-m derid«! and judge as becoiiiea tliem.
*M)rA. ilfi'ttniiug sfiiimgjirt io a gm'Jeu in bmrmimg ik^jmagb.
It am one in clearing hW own portion of the jnngie flinR eel Ire
fo if. and oihcr people's gardens, oM or new, their neyane, they
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co^^^cg^lcS'c^ii go^oSccooo^u ^ gjo8 CO gSf 0819^1 C|8l0gE
rmii, tlower^, bnrk, Icivn, or uiy vegeuble proilaetMa that bctn t
price in ilir markel ihill be dcMroyed bj the RprMdinf afUie ire,
let birii |<ity Uip value of all prc^rly deitrojed. If it wis •nrraonded
by a foncr uliicli in ttc^trnjcd, let him replace il. IT the tTMa Died
fi>T riMxl are ni>i burned, but the fence ontj, lei him replw* what.WH
conxticned ; lot bin) lie free from fault u regards »hsl is not ujored.
Nevcrtl elcss, ii i« naid, if ihe owner (oTa garden) himtdf ml In,
and give uoi'icv lo the owner (of ihe neat garden) and ask bia u
watcli 1)10 firo, and nay he will slito isaist, and if whilst he is SO Ms»
iin|!. ibr firt' nball commnnicxe, let the lighter of the fire paj half the
(dimnsi-) i<> tbo owner of the garden. But if il b« not done Ihos, if
ihe wind be Hironfi, and llie owner of the (nesi) garden saj, "do not
•el lirf. my ftiitdcii is lo leeward," and if the man with the firereplj,
" I ^rl firr (o my own," and thn* hia (neighbor's garden) is homed,
Iri biin r<-i'i<iri- iwu fold, >l) that iadentrcyed; and if the canleoTlhe
owner ■>!' llic )T»rdcn, elephant* or men, are caught is the fire wd
cli<-, uliriliir (be |H'rM>n who lighted the fire was warned not to do
M>, nr u bcilu-r )u- dtd !>o during a high wind, and knowing another
)iiT-i>ii'> iinnliu ua* lolreHard, lei him realore iwofbid; irihej have
ibrir 1imiI>~ hr.ikni. let bim re)dtceihem; if il be a man, and Mdoce
III.I air, biu lixH a limb broken, or ia hurl, let the lighter of the fir*
iiiiiiioirr t'l liim till well, and if l»e recorpr and was properlj atteadcd
i«, In ili<- i.ir< iidi-r [>ay lbs price of hi* body ; if he do not ninisier
to liim, and ibi' man die in consequence of the burn, let the oftttder
inakr rrMiiuii.' ihree iik« ofailTer, ihe price often men; let him
til- Irri- iVoiii ili<- •i-tcTC rrimitial puniiihmeui.
'l\t ll.-'iirrlint! n (tin trhtrr a kingdom teat dtUrmgtihjf mJkwflf
• )|i •M-.'lli'iii kiiik! ' kins*, minister*, arid the heads of the peefle
11111*1 iii-iriK-i mill »'irn iheiii that K'eai olTences may be diminished,
:iii<l -mill oir-rui -(-iiiiiiEiitiibed ; ihry ahill mil say "oh, the ewe has
iir.i r.>iiii- l>< r->r>- m<-. tlir ]>r«)>le please ihemnehes," and ihua he Mf-
Imi-iii mill otil) injnv ihennwlie* ; fur, throughout ihe whole >
>i Mi.itlilv I'trry I'ara ba«deelarcd that Cities aadkiR *
<k->(r..w-il lit ■ TH'iniri who, firigiually iDHgnificant, have in tae pro<
t-i—' •it'tiiiir Uriimi' iHiwerful. A* an illusiraiioa, — in braer times,
III Dr[iar<->. wlirn Brahmsdat waa king, he had a bramia prspfcat
ulioin b<- ron^ulli'd by day and by nrgbt. One day, sMtai on aa
ri.ilt<'d pltre. Ihe king and the bramin were eaii«| parched eoni
ini\<-d w ith luuirv <in a beautiful white cloth ; as ihn kHi( was fcilpwig
hniKsir. 4 drifi of luiney, aalarfeasamMtardsaed, Ml OT ibaaMh;
ilii- kms and the l>ramiB both saw il ; the king, mahilliniwg Ua dif
iiiit. did iioi wipr ti up, and the hramin, it hnng ■
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376
before lh« king, wouM iiol veoiure tg airetdi iWl him ■fm 10 doM ; «
Ajp came ind aic il ; but iiffilhci would tnof« to drirc it awt; ; thra ■
•piilet cunc and swallowed itio fly ; ■till, tluwjfh ihejr saw tlii>, ivnili«f
would drive it away : and oAcr ihia a Iixard auicd and (wallowed (ho
Bpider ; and i-vcn iFion ncilliT drofc K awa^ ; iiui a rat came and (wd-
lowed tite lizard; Mill, though bnih aaw it, nriiber wnuld interrcr«:
ihen a cat came and aio up the rat ; then a Aog aiiacked ibp cat, and
the owner of thecal uid dugi]uarrelled, aiiil aiilllhc king uid ih« bra-
min did not inierrere t« put a ii|o|> tti ii, but continued ilioughtleoly
to enjoy ihrmM-Ue!!, Th« owner of the doe went to one of (he prinera,
and ihf owner of the cat to amitlier, uhT when boUt had collected «
■irong iiarir, they came lo Ulnwv, and then, though (he kin( uid the
bramin and the miuiMers tried la quiet the diainrbance, the* coald
tKrt, and the Mrenglh of ilic pani(» increaaittE, the ktng, the bramin,
(he wealthy, and the poor were killed and de>iru)ed, otid thm (be
kingdom of Benares same to an end, as ta well known, all (liroagb a
•ingle drop of himey. Thu*, the wutdi uf die goda of the aaccewMm
of world*, Menoo the recluae, the xm of (be king itf Bymaha, rete«l-
ed to the ureal king Maha Thamodali.
In ihi* fourteenth volume of the vteat work of Heaoo U laid down
the law of rcaiituiioii to be made when cle^ihano, biKKa, caille, buf-
faloe*. RualR, piga, fowls, duck*, or men are unlawfully killed, at
harp iheir limba broken; also, thediflrrent tn^aiu, tulbe md, where
It I* related how the doiruclion of a country reanlled frum a aingle
drop »r huaey.
Here end* the fourteenth and lu( volamo of ibe gtvM vorit of
Henou.
II
THE BORROWER WILL BE CHAROEO
AN OVCROUE FEE IF THIS BOOK IS
HOT RETURNED TO THE LIBRARY
ON OH BEFORE THE LAST DATE
STAMPED BELOW. NON>RECEIPT OF
OVERDUE NOTICES DOES NOT
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OVERDUE FEES.
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