Documenta Nepalica

Diplomatic edition

[1r-part1]

1[Royal seal]

1स्वस्ति­श्रीगिरिराजचक्रचूडामणिनरनारायणेत्यादिविविधविरूदावलीविराजमानमानोन्नतश्रीमन्महाराजाधिराजश्रीश्रीश्रीमहाराजगीर्वाणयुद्धविक्रमसाहवहादुरसमसेरजंङ्गदेवानां ­सदा­समरविजयीनाम्‌­¯¯¯ ¯¯¯ ¯¯¯ ¯¯¯ ¯¯¯ ¯¯¯ ¯¯¯
2आगे­•सुवा­माधौ­साहि­•श्रीनाथ­पंथ­जगन्नाथ­घिमिर्या­रामसुन्दर­थापा­•गजाधर­पंथ­•कृश्नानन्द­लोहनी­•कृश्नानन्द­पाध्या­•रामचन्द्र­थपलिया­रामचन्द्र­सिवाकोटी­•श्रीविलास­पाध्या­•कर्नविर­अधिकारी­•हरिनारायन­डोट्याल­राधावल्लभ­पाध्या­•श्रीकृश्न­पंथके­•कनका­तिष्टा­पश्चिम­•महाकाली­पुर्व­येति­राज्यभरमा­
3राहान्या­पारी­•कसैको­मोहव्वत­पछि­नलागी­घुस­पेसकि­नषाई­हाम्रा­नीमकको­सोझो­चिताई­गर्ना­काजको­सवाल­गरीवक्स्यौं­•सवाल­वमोजिमको­जाच­गर­•एति­राज्येभित्रका­छोटा­वडा­मानिसले­तिमिहरूको­नालीस­चुगली­•विंति­गर्न­आया­•एकहोरो­कुरा­सुनैनौ­•दोहरो­कुरा­सुनी­त
4स्को­तकसिर­ठहर्ला­तसलाई­•तकसिरमाफिक­•तम्वीह­गरौला­आफना­षातिरजामासित­जाच­गर­¯¯¯ ¯¯¯ ¯¯¯ ¯¯¯ ¯¯¯ ¯¯¯ ¯¯¯

[1r-part2]

[1v]

1मार्फत­भीमसेन­थापा­

1मार्फत­सेरवहादुर­शाह­

1मार्फत­प्राण­साह­

1मार्फत­रणध्वज­थापा­

1मार्फत­वहादुर­भंडारी­

1मार्फत­वालनरसिं­कुमर­

1मार्फत­रणजीत्­पाँडे­

1मार्फत­नरसिंह­

Translation

[1r-part1]

Śrī

[Royal seal]

Hail! [A decree] of him who is shining with manifold rows of eulogy [such as] ‘The venerable crest-jewel of the multitude of mountain kings’ and Naranārāyaṇa (an epithet of Kṛṣṇa) etc., high in honour, the venerable supreme king of great kings, the thrice venerable great king, Gīrvāṇayuddha Vikrama Śāha Śamśera Jaṅga, the brave swordsman, the divine king always triumphant in war.

Āge: To subbāMādhau Sāhi, Śrīnātha Paṃtha, 1 Jagannātha Ghimiryā, Rāmasundara Thāpā, 2 Gajādhara Paṃtha, Kṛśnānanda Lohanī, 3 Kṛśnānanda Pādhyā, Rāmacandra Thapaliyā, Rāmacandra Sivākoṭī, Śrīvilāsa Pādhyā, Karnavira Adhikārī, Harinārāyana Ḍoṭyāla, Rādhāvallabha Pādhyā and Śrīkṛṣna Paṃtha. We [hereby] promulgate directives (savālas) for tasks to be performed within the entire kingdom west of the Kanakā and Tiṣṭā [rivers] and east of the Mahākālī [River] 4 ; [those who perform them should] duly ensure justice, not show favour to anyone, not receive bribes or advance payments and should be true to our salt. Carry out investigations according to [these] directives. If any person, high or low, from within this realm makes any complaint or petition to you [regarding] slander, you shall not hear only one side. Having heard the matter from both sides, you shall impose punishment according to the determined offence. Carry out the investigations mindful of your duty.

[1r-part2]

Details (tapasila)

Savāla 1: If somebody has taken a bribe from someone after [the month of] Phālguna in the [Vikrama] era year [18]60, 5 obtain a confession and impose a fine three times the amount of the bribe. If it is ascertained that [someone] took a bribe before [Vikrama] era year [18]60 and thereby caused loss or damage to the king, investigate [the matter], obtain a confession and impose a fine three times the amount of the bribe upon the person who received it.

Savāla 2: If somebody has seized a house and expelled the houseowner [from it] without cause [and] without a [governmental] order, scrutinize the real state of affairs (sahī-sāca) and restore the owner to the house. Inquire into [expenses incurred by] the tenant in repairing the house and into the rent, and hand over the balance due on the rent to the owner. Collect a salāmī fee from the houseowner and deposit it in the palace.

Savāla 3: Examine in detail, write down [the accusations] and bring to us any courtier (bhārā[dāra]) or revenue official (amālī) if, without any order, he is found to have left customary taxes and levies (kalamarakama) or tribute (sirto) uncollected which should have been deposited in government [coffers], having taken a bribe or, because of nepotism or favouritism, having decreased [the amount] or at some point taken a share [of it].

Savāla 4: Punish those who have enslaved a freeman (ajāputra) in the absence of any crime [having been committed and] without our order. Free those who have been [unlawfully] enslaved.

Savāla 5: Prepare a deed of ownership (purjī) for newly cultivated land (birauṭo) which has been cultivated by someone but whose period [of tax exemption] has expired and assign it to the military (kampanī). In the case where somebody has written a sworn witnessed statement (muculkā) declaring that he will cultivate the land and has a supporting mohara, [but] lets the government land remain barren, learn the details, and if he has left it barren without having been hindered by anyone, then collect the bālī (standing crops 6 ) every year at the rate of Rs 25 per 1 kheta.

Savāla 6: Examine and investigate how much revenue accrues from the crown (serā) lands, cattle farms, etc. which are operated [directly] as amānatas by the palace and how much [of it] is actually deposited at the palace. Collect whatever is being held up and deposit it at the palace. Impose a fine three times [the amount being held up] upon those who are holding it up.

Savāla 7: If it is ascertained that a revenue official (amālī), holder of a rakama (rakamī) or tax contractor (ijārādāra) has not disbursed the salaries of salaried employees (tanakhādāra) or has not shown the receipts [that he has] and has taken [his] compensation (mojarā) from the government, calculate the amount due and distribute it to the salaried employee. If a salaried employee has thoughtlessly (māyā mārī, lit. "killing affection") left [his duty], seize [his salary] and deposit it at the palace. Punish the responsible tax contractor and the courtier who granted [his] compensation without our order with a fine double this amount.

Savāla 8: If someone is found to have appropriated revenue [in the form] of [fines imposed for] heinous crimes (pañcakhata) without our order, investigate [the case], trace [the missing amount] and deposit it at the palace.

Savāla 9: Conduct investigations to ascertain how much has been collected by those collecting the new potā tax, the salāmī levy, the tax on buffalo tails (bhaisīko puchahi) 7 , fines levied on Jaisīs, 8 [fees following the issuing of] copperplate deeds (tāmāpatra), 9 [revenue from] the examination of guṭhīs, fines levied for adulterating milk with water, money collected from the gādīmubārakha levy, fines imposed for charging a commission on the exchange of currency (baṭādaṇḍa), valaka levies and revenue in the form of the mahantamaṇḍalī fee, 10 —how much they have [wrongly] collected and how many ryots (raiyata) they have evicted—obtain confessions, discover misappropriated and concealed amounts, and deposit [them] at the palace. Punish those who have misappropriated or concealed [them] three times the amount involved.

Savāla 10: Extract amounts that have been enjoyed by aḍais responsible for the management of crown (serā) lands, hiṭicaukes and other such persons who have fraudulently used unstandardized (lekhidekhikā, lit. "labelled at their own discretion") mānā or pāthī measures [and so have enjoyed] reduced expenditure, and deposit them at the palace. Warn aḍais and hiṭicaukes: "Do not conduct business with unstamped mānā and pāthī measures, balances and weights."

Savāla 11: Obtain confessions from and punish those who have misappropriated ordinary supplies (māmulī), orders of special goods (pharapharmāīsa) and gifts (sarasaugāta) [to be delivered to the palace]. Submit the items for which confessions have been made to the palace.

Savāla 12: If it is confirmed that priests (purohitas) have taken sacrificial fees (dakṣiṇā) from the palace to which other Brahmans have the right (haka) rather than hand them over to these Brahmins, then obtain confessions from such purohitas, return the appropriate amounts, taking them from what is deemed their own household property and distribute the dakṣiṇā to the persons who ought to get it. Punish those who have enjoyed or have hidden it.

Savāla 13: Obtain confessions from those who have marketed worship [material], ornaments or tribute, get what has been marketed returned, report the matter to us, and deposit [the items] into the temple treasury. Punish those who have spent [the money gained].

Savāla 14: If it is found out that someone has appropriated cash or other property belonging to a king of Nepāla, 11 or has retained without using it when it was sent in relation to some task, obtain a confession, return the property and submit it to the palace. Also, punish [those involved].

Savāla 15: Obtain confessions from and punish those who have kept the daughter of a Kasāī, Kusalyā, Dhobī or Kulu [caste member] as wife and shared water [with her].

Savāla 16: Obtain a confession from those who have damaged rest-houses (pāṭī), rest-houses for pilgrims (pauvā), temples or bridges without our order and have used [the materials] for their own purposes; punish those who confess.

Savāla 17: Examine the revenue and expenditures of the Mines Office (Khānī Mahāla) and obtain a confession from anybody who has received [such funds and then] concealed [or] spent them; deposit [the missing amount] at the palace. Punish those who have spent or concealed [such funds].

Savāla 18: Obtain a confession from those belonging to the four varṇas and thirty-six jātas who are living in our territory and who have been keeping [a woman] as wife in violation of the customary practices and [so] ignoring kinship (nātā mici). Punish them in accordance with their crime.

Savāla 19: Investigate thoroughly how much of the customary taxes and levies (rakamakalama) the ryots living in our kingdom traditionally paid to the former kings has been embezzled (dabāī rākhyāko) after it became our territory (ambala), and how much excessive (arghyālo bhayāko) customary taxes and levies have been [imposed] during the tenure of which amālīs. Send [this information] to us in writing. Act according to [our] orders issued [thereafter].

Savāla 20: Obtain confessions from those who have consumed cannabis products (bhā̃ga and carasa) or gambled after [Vikrama] era year [18]60, and punish [all of] them except those who have been punished before. Issue a rule of conduct stating: "From today on whoever gambles and consumes [cannabis] will be physically punished according to his caste status."

Savāla 21: If any tax contractor (ijāradāra) or revenue collector has charged fines of more than 100 rupees and appropriated [the money], obtain a confession, return [the money] and deposit it at the palace.

Savāla 22: If somebody has killed a cow 12 (excluding yaks) in the territory west of the Kanakā [River] and east of Gaḍha13 since those territories became our territory (ambala), make him pay the fine which he had not paid before; if someone [after paying a fine] again kills a cow, obtain a confession and send him to us. Punish ambālīs and villagers who have obtained information regarding the killing of cows but have been involved in hiding [the fact]. Announce that from today on cows shall not be killed and anybody who does so will be executed, and have their property confiscated. From now on amālīs should execute those who kill a cow.

Savāla 23: If up to now the escheatable property (aputālī) of a Magara has remained concealed or hidden somewhere, find [it] and bring [it to us]. Exclude what falls under contracts (paṭṭā) pertaining to tax contracts (ijārā) or to emoluments (jāgīra). 14

Savāla 24: Have all irrigated land (kheta) which had been surveyed in the [Vikrama era] year [eighteen hundred] sixty-two in the region west of the Kanakā [River] and east of Gaḍha, including Pālapā, Gulamī and Arghākhāci, and all irrigated land registered under the military (kaṃpanī), measured by land measurers (ḍaṅgola). Accurately record whatever is ascertained to be over and above any redistribution (raibandī) and send [this information] to us. Act according to orders sent by us [thereafter].

Savāla 25: Have land measurers exactly record all irrigated land that is left over from what was registered under the military (kampanī), and submit [this information] to us. Act according to orders sent by us [thereafter].

Savāla 26: Seize all irrigated land (kheta) [granted] to individuals (birtā), trusts (guṭhī) etc. that were confirmed in collaboration with persons who carried out improper inspections or who put forward ignorant (ajāna) persons as a neighbour (sadhiyāra)15 and had them swear by the dharma. Have [such land] measured by land measurers (ḍaṅgola) and assign it to soldiers (tilaṅgā). Punish those who confirm [land grants in this manner], those [whose claims were] confirmed and those who took solemn oaths.16

Savāla 27: Seize all [land grants] that have been confirmed by someone involved in their inspection upon payment of bribes or ended up being shielded due to nepotism or favouritism. Have [such land] measured by land measurers. Punish those who confirm [land grants] upon receiving a bribe or due to favouritism.

Savāla 28: Investigate the chāpa and khuvā land grants, prepare an exhaustive list (pharda) and send it to us.

Savāla 29: If [someone] has encroached upon the four boundaries [of a plot mentioned in] a royal deed (mohara), examine the boundaries and confiscate what has been encroached upon. Have [such land] measured by land measurers (ḍaṅgola) and assign it to the military (kaṃpanī). Punish those who confirm [land grants] upon receiving a bribe or due to favouritism.

Savāla 30: Have all irrigated land that has been enjoyed by people claiming that it was mortgaged by former kings measured by land measurers. If, when investigated in detail, it is determined that it has increased more than a ṭāgo, then write down in detail how much land was mortgaged and for how many rupees it was mortgaged and submit [the result] to us. Act according to orders sent by us [thereafter].

Savāla 31: If it is determined that irrigated land has been kept [from being leased out] by land inspectors on the pretext that it is crown land, then have [such land] measured by land measurers and assign it to soldiers.

Savāla 32: Write down accurately and submit to us the levies (salāmī) raised from property owners by land inspectors when confirming [the holdings of] irrigated land. Act according to orders send by us [thereafter].

Savāla 33: If a complaint is lodged that [payment] has stopped to a moneylender in possession of a deed of loan, [the debtor] protecting [what he considers] a rightful claim to the small amount of money, or that [the creditor] has oppressed [him] the debtor, taking interest at more than ten per cent, then apply justice and settle the case. Deduct any amount more than ten percent exacted [as interest] from the principal amount and have [the offender] give it back [to the debtor]. Deposit one fourth [of the same amount] [with] us.

Savāla 34: Write down [for each territorial unit] separately how much of the land confiscated in the years [VS 18]61 and [VS 18]62 was confiscated from each thuma, each city and each village.17 Accurately record who enjoyed bālī revenue these 2 years [and] into whose stomachs it went, investigate and record the military companies (kaṃpanī) to which the bālī revenue that was to be enjoyed [by them] in the year [18]63 went, and who has received [the right to consume] bālī revenue besides the military. Submit [this information] to us. Impose a fine double the amount of [the bālī] upon those who consumed [it] without being authorized [by us].

Savāla 35: If a Brāhmaṇa or a Chetrī has consumed liquor, expel him from [his] caste (jāta) and confiscate [his] property. If someone from a sacred thread–wearing caste other than these 2 caste classes has consumed liquor, then impose heavy punishment on him and expel him from [his] caste.

Savāla 36: Punish those who up to now have appropriated land which had been assigned as jāgira land during the time of the kings of Nepāla (i.e. Malla rulers) and who have not paid the potā tax [on it] after it became our territory, stating that it was a birtā land grant [to them]. Confiscate the land and assign it to the military (kampanī).

Savāla 37: If someone comes to complain that an amālī etc. from a śrestā or adālata within any part of the kingdom committed injustice, hear out [both parties], obtain a confession from the offender and settle the case. Deposit the penalty and the winning fee (jitāurī) with us.

Savāla 38: Calculate what money has been embezzled for cancelling unpaid labour (jhārā) that was due to the king and deposit it with us.

Savāla 39: If government land which during the reign of a Nepāla king was given as an emolument (jāgira) or for daily supplies of food (mānācāmala) [to officials] or else [designated] for himself as the king's crown land (serā), [but which], after [the region] became the territory (ambala) of our kingdom, was falsely claimed to be a sunābirtā and was appropriated by paying the potā tax, file a case [against the claimant], obtain a confession from him and seize the land. Punish him as well. Get our approval before doing so.

Savāla 40: Seek out what belongs to the royal court that has been taken away without our orders, obtain confessions and deposit [what is recovered] with us.

Sunday, the 3rd of the dark fortnight of Vaiśākha in the [Vikrama] era year 1863 (6 April 1806).18 Auspiciousness.

[1v]

44

114

11719

Through Bhīmasena Thāpā

Through Serabahādura Śāha20

Through Prāṇa Śāha

Through Raṇadhvaja Thāpā21

Through Bahādura Bhaṃḍārī22

Through Bālanarasiṃha Kuvara

Through Raṇajīta Pā̃ḍe23

Through Narasiṃha24

Glossary

Bibliography