Documenta Nepalica

Documents on the History of Religion and Law of Pre-modern Nepal

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A letter from Candra Śamśera authorizing Jimmāvāla Chāṃmvā Khunu to seize and auction off stolen timber (VS 1956)

ID: L_1200_0009A

Edited and translated by Rajendra Shakya in collaboration with Pabitra Bajracharya
Created: 2019-06-28; Last modified: 2020-12-01
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Published by Heidelberg Academy of Sciences and Humanities: Documents on the History of Religion and Law of Pre-modern Nepal, Heidelberg, Germany, 2020. Published by the courtesy of the National Archives, Kathmandu. The copyright of the facsimile remains with the Nepal Rashtriya Abhilekhalaya (National Archives, Government of Nepal). All use of the digital facsimiles requires prior written permission by the copyright holder. See Terms of Use.
The accompanying edition, translation/synopsis and/or commentary are available under the terms of the Creative Commons Attribution-ShareAlike 4.0 International License

Abstract

This letter from Candra Śamśera authorizes Jimmāvāla Chāṃmvā Khunu to seize and auction off timber stolen from forests in the Doce sector by Tibetans, and orders him to submit 25 mohararupaiyā̃s for the year VS 1957.

Diplomatic edition

[1r]

1श्री\

[Seal of Candra Śamśera]

1स्वस्तिश्रीमद्राजकुमारकुमारात्मजश्रीपश्चीम्‌तर्फकाकम्यांडीङ्‌जनर
2लचंद्रसम्सेरजंङ्‌गराणावाहादुरकस्यपत्रम्‌¯¯¯ ¯¯¯ ¯¯¯ ¯¯¯ ¯¯¯ ¯¯¯ ¯¯¯ ¯¯¯
3आगेजिम्माव़ाल्‌छांम्वाषुनुकेय़ेथोचित्तऊप्रांन्तअठारसय़ेषोलादो
4च्येतर्फकोवन्‌मासह्रहदकादुनिञालेपनिकाठ्‌नकाट्‌नुवननफाड्‌
5नुभंन्यारुक्कादस्षत्‌भैआईगोर्षाअदावाटरोकाय़ाकोवन्‌मामोगलानीञ्याहरुआई∙
6फुरुठेकाहरुवनाऊनालाईनञारुषकोहागाफाडीकाठ्‌चोरीलानेगर्छन∙सरहदीय़ाजतिले
7वेअदपीगर्दागाऊगाऊकोमुषिय़ालेसजाये़गर्नेमोगलानीय़ालेचोर्नआउदापक्राऊ
8गर्नकोहीनभैवरवादभय़ाकोछनीजमोगलानीय़ालेचोरीलग्येकोकाठ्‌षोसीलिली
9लाम्‌गर्नुभंन्यातेरानाऊमासनदगरीवक्स्यासोलीलाम्‌काआम्दानीवाट५७साल्‌वर्ष
10१लाईमोहरू२५ठेक्‌सर्कारमातिर्छुभनीतिमिलेहाम्राहजुर्माविंन्तीचढाऊदा
11जाहेरभय़ोतसर्थवननफाडनुभनीरुक्कादस्षत्‌भैआईरोकीय़ाकोगैह्रवन्‌मोगला∙
12नीय़ालेचोर्नआऊनपाउनेगराऊनहुदैनकसैलेआईचोरीलाग्याभन्याअ
13हदवमोजिम्‌हाम्रासह्रदभीत्रैमापक्रीनीजहरुलेलग्येकाकाठ्‌जतिषोसीली
14सोकाठ्‌लिलाम्‌वीक्रीगरीलिनुसोआम्दानिवाट५७सालवर्ष१केठेक्‌मोहरू२[?]सा
15ल५७कोमाघये़कैकीस्ताहाम्रातहसीलअडामावुझाईरसीदलीनुचौकीपहरा
16राषदाषर्चलाग्योलीलाम्‌वीक्रीकेहीहुनसकेनभनीकवुलेकाठेकमामिन्हामो
17जरापाऊन्याछैनौअैनअंहदवमोजिमनगरीतलमाथिपारीकामकाजगर्‍याको
18ठहर्‍योभन्याअैनवमोजिम्‌तीमि∙आफैलेवुझाऊनुपर्ला५८सालकावालिदे
19षीलाईचोर्नआऊ∙दैरह्यासोठेक्‌मापछीरआउनछोड्योभन्यासोमाफीक
20कवोलगरुंलाभनीविंन्तीचढाय़ाकालाईय़ामैमाआईसोहीवमोजिमगर्नुभ
21नीदस्षत्‌गरीवकस्यौईतीसम्वत्‌१९५६सालमीतीफागुणसुदी१५रोज६शुम्भ्‌

Translation

[1r]

Śrī

[Seal of Candra Śamśera]

Hail! A letter from the venerable Western Commanding General Candra Śamśera Jaṅga Bahādura Rāṇā, a prince born of a prince

Āge: To JimmāvālaChāṃmvā Khunu

Yathocita Uprānta: “Even after a restriction [on cutting down trees for timber] was imposed by the Gorkha Aḍḍā once a rukkā daskhata had been issued that ordered border people, too, not to lop wood or cut down forest in the Doce sector within the Aṭhāra Saya Kholā region, people from mugalāna 1 have been coming and cutting off branches of new trees in forests and stealing them to make phuru and ṭhekā vessels. When border people disrespect [rules], the mukhiyās of villages punish them. When there is no one to arrest people from mugalāna when they come to steal [timber,] the result is devastation. If you issue a sanada in my (lit. your, i.e., the pronoun the issuer of the present document would have used for the addressee in the sanada) name that authorizes me to seize and auction off the timber the said people from mugalāna steal and take away, I shall submit 25 mohararupaiyā̃s for 1 year for the year [VS 19]57 (1900 CE) as a contractual (ṭheka) amount from the proceeds of the auction.”

This came to our notice after you made petition to us with the above-mentioned details. Therefore, a rukkā daskhata having forbidden forest to be cut down, a situation shall not be allowed to arise in which people from mugalāna come and steal forest [products] that have been restricted or the like. If any persons come and steal [timber], then, in accordance with the treaty2 , arrest them within our borders and seize and auction off the timber they have taken away. Submit to our Tahasila Aḍḍā in one instalment, in [the month of] Māgha of the year [VS 19]57 (1901 CE), 2[5] mohararupaiyā̃s for 1 year—for the year [VS 19]57 (1900 CE)—as the contractual amount from the proceeds [of the auction] and get a receipt.

You will not receive any mināhāmojarā3 in the contractual amount that you have agreed to pay by saying that there were costs for making a watch-house and stationing guards or that there was nothing that could be sold at the auction. You yourself shall have to pay if it is proven that you have violated the Ain or treaty and muddled things while performing your duties.

As you made [the following] petition [to us]: “If [people from mugalāna] continue to come to steal [timber], I shall agree to act within [the terms of] the said contract later [as well,] from the harvest of the year [VS 19]58 (1901 CE) onward, and if [they] stop coming [to steal], then I shall agree to act according to that [same] contract (i.e. keep on paying the 25 rupees)," we have signed [this letter], instructing [you,] the petitioner, to come during the season and act accordingly.

Friday, the 15th of the bright fortnight of Phālguṇa in the [Vikrama] era year 1956 (1900 CE). Auspiciousness.

Commentary

This is another document obtained from Nubri that deals with the area that falls under the jurisdiction of the western commanding general. There is another document from Nubri, L_0922_0003, dated VS 1959, that also deals with lands assigned as an emolument to this general. Normally, however, the area falls under the jurisdiction of the eastern commanding general.

At the end of the document, Candra Śamśera instructs the petitioner to come during the ‘season’ to renew or discontinue the contract. It is not clear which season he is talking about. But Article 3 entitled ‘On Tenants and Landlords’ of the Mulukī Ain, the civil code promulgated in VS 1910 (1854 CE), prescribes a certain period within a year for land evictions and reassignments, appointments and dismissals of tenants. In the same way, there probably was a certain period within a year assigned for the renewal of contracts, just as the month of Māgha was assigned as the period for the payment of contractual amounts of lokābhāra lease contracts in a single instalment.

Notes

1. The term mugalāna literally refers to territories of the Mughal Empire in India, but in the above context it is a general term for any foreign land, in this case Tibet. Another document from the upper Gorkha region, L_1200_0009G, mentions ‘Bhoṭes from mugalāna’. Bhoṭe is a generic term for people of Tibetan origin. This makes it clear that the term mugalāna can also refer to Tibet. [⇑]

2. This probably is the treaty of VS 1912 (1856 CE) between Nepal and Tibet that is also referred to in L_1200_0009G, another document from the same region, dated VS 1931 (1874 CE). [⇑]

3. The Kumārīcoka, the accounts and audit office, received all the ledgers from the district and central offices. Once the office received the ledgers, called bahīs, there was a tradition of providing a rebate or deduction in cases of minor irregularities in the calculation. Such deductions were known as mināhāmojarā (cf. Parājulī 2010: s.v. mināhāmojarā). [⇑]

Glossary

Word	Notes
aḍḍā	var. aḍā; n. an office, post or station where state functionaries carry out their duties.
āge	[fr. S. agre] adv. lit. "henceforeward" (Riccardi 1976: 150 n. 6), especially used in administrative and legal documents to mark the beginning of a text or paragraph. In its function it is similar to uprānta.
ain	var. āin, aina; n. 1) laws, statutes, rules, regulations enacted by authority 2) law-code of Nepal, first promulgated in 1854 during the rule of Jaṅga Bahādura Rāṇā and amended several times before it was completely revised in VS 2022. The revised law-code was renamed as Mulukī Ain.
jimmāvāla	var. jimavāla, jimmavāla, jimvāla; n. a chief contractor (ṭhekedāra) who, before the introduction of the land administration, collected revenues from the lands in the hill region and submitted them to the government (Parājulī et al. 1995: s.v. jimmāvāla).
kumārī coka	n. office with the function of looking after audit and accounts and acting as a court of law for revenue (Whelpton 1991: 215; “Audit office“ (Krauskopff and Meyer 2000: 184 ; cf. Kumari Chok: Kumar 1967: 166 ); Kumari Chowk: "The Kumari Chowk is the General Office of account for the whole kingdom where all accounts of collections and contractors must be examined and passed, a fee of 5 rupees being taken for every Rs. 1000 of Bahi or Books so examined. The Kousi recommends the collector or contractor and is answerable for him. The Kumari Chowk merely takes his accounts; and those also of all great servants of the govt…(A)ll other lands (except those assigned as khangi) and revenues are accounted for once per annum in the Kumari Chowk (although) the Collector or Thekdar may pass 2 or 3 years without offering or being compelled to account; but when anyone does account it is to the Kumari Chowk and usually once per annum or sooner if (the collector) is ejected or changed. Bali (crops) that is not assigned as Khua and Khangi (emoluments) is called Ukas; also Sera or demesnes is accounted for in Kumari Chowk. Also all customs and excise ... (and accounts from the) mines, Hattisar, Kath Mahal, the Terai in all branches of receipts and charge, and in a word, the whole income and expenses of the Kingdom save Khua and Khangi or assignments in lieu of salary and pay. For (about) the last twenty years, the Kumari Chowk has exercised judicial functions like the other courts of the capital and with like powers civil and criminal. There is a separate hall for the Judicial corps ... (This Adalat) is for the investigation of revenue and quasi revenue cases… Of the general tax or fee of 5 (rupees) per 1000 on accounts passed, half goes to government and the other half in fixed proportions to the officers of the (office) down to the jamadars. Besides this, 5 rupees on each contractor's or collectors's total affairs are payable to the nousindas.“ (Edwards 1975: 111-112 )
lokābhāra	[S.] n. "a system under which the local community undertook liability for payment of the stipulated revenue through a representative designated for that purpose" (M.C. Regmi 1978: 162)
mohararupaiyā̃	var. mohararupaiyām, mohararūpaiyā, moharaṭaṃkā (New.); often abbreviated as moru, morū, moharu, moharū, moharru, mohorru; n. monetary unit based on and equivalent to two eight-anna silver coins (moharas); in calculations usually broken down into four sukās, 16 ānās or 64 paisās (cf. Pant and Pierce 1989: 93) or 256 dāmas; the exchange ratio with paisās was calculated differently at different times and in different parts of the kingdom, depending on the relative values of silver and copper, ranging between 52 and 80 paisās (Regmi 1982: 73). In documents sums are represented in four numerical fractions, with the rupaiyā represented by numbers; the sukās by one to three daṇḍas or the avagraha sign representing zero; the ānās by one to three diagonal dashes, sometimes as a loop with two or three jags; the paisās again by daṇḍas or numbers; the dāmas by numbers or horizontal dashes.
mugalāna	var. mogalānā, mogalāna; muglāna; n. lit. territories of the Mughal empire. The MA-54 follows the hill usage of the term which especially refers to the Indo-Gangetic plains of North India (See Adhikari 1984: 353 and Michael 2012: 132).
mukhiyā	var. mukhīyā, muṣiyā, muṣīyā; n. a designation for an administrative post used at the local, district and central level. At the local level mukhiyās functioned as village headmen and revenue functionaries (Pant and Pierce 1989: 93; M.R. Pant 2002: 134; cf. M.C. Regmi 1988: 269). District headmen were also called mukhiyās. In the central administration, mukhiyās were writers who kept accounts or supervised officials of lower ranks (Edwards 1975: 107 ; cf. M.C. Regmi 1978: 228 ; M.C. Regmi 1978: 862 ; Kumar 1967: 16).
phuru	n. wooden cup for drinking tea, especially used by the Bhoṭe community.
rukkā daskhata	n. an executive order (rukkā) either by king or prime minister, bearing a signature of the latter.
sanada	var. sanad; n. a regulation, order, decree or certificate of appointment, esp. from the prime minister (prāimaminisṭara yaṇḍa kamyāṇḍara ina cipha) or the commander-in-chief general (kamyāṇḍara ina cipha janarala); "government orders" (Karmacharya 2001: 327).
śrī	[S.] n. word of blessing, can be used as apprecatio, in which case it means 'good fortune' (Pant and Pierce 1989: 12), can be used as a prefix to names of persons and gods, in which case it means 'venerable' or 'glorious' respectively. The number of śrīs used varies, depending on context.
tahasila aḍḍā	office responsible for collecting dues and receiving taxes.
ṭheka	var. thega; n. "generic term used to denote various categories of contractual systems for the collection of taxes" (Michael 2012: 135; cf. M.C. Regmi 1988: 270).
ṭhekā	n. wooden cylindric vessel with a tapered neck and a lid, typically used for storing yoghurt or buttermilk.
yathocita uprānta	See uprānta.

Bibliography

Parājulī, Kṛṣṇaprasāda et al. (ed.). VS 2067 [2010]. Nepālī Bṛhat Śabdakośa. 7th ed. Kathmandu: Nepāla Prajñāpratiṣṭhāna.