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A lālamohara of King Rājendra reconfirming the exemption of the Magars from maryoaputāli, cākacakui etc. (VS 1879)

ID: DNA_0014_0028


Edited and translated by Rajan Khatiwoda in collaboration with Christof Zotter
Created: 2015-01-19; Last modified: 2017-07-07
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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, . 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 CCby-SA.

Abstract

This lālamohara of King Rājendra assures that Magara ethnic group of all over the country is exempted from pharnyānlo, bākasyo and gvāsyo, and further regulates that the members of this ethnic group should not be punished any more by enslavement in any other offence, but they should be punished by fine.Note that this document has been edited and translated in Fezas 1986: 173. The present study, by re-editing and -translating the document, shall attempt to correct few philological errors of the previous study and to present a more nuance understanding of the text.



Diplomatic edition

[1r]

श्रीदुर्गासहाय­़\

श्रीवुवाज्यु­

[royal seal]

1स्वस्ति­श्रीगिरिराजचक्रचूडामणिनरनारायणेत्यादिविविधविरु
2दावलीविराजमानमानोन्नतश्रीमन्महाराजाधिराजश्रीश्रीश्री
3महाराजराजेन्द्रविक्रमसाहहादुरसम्सेर्ज्जङ्गदेवानां­सदा­स
4मरविजयिनाम्­¯ ¯ ¯ ¯ ¯ ¯ ¯ ¯ ¯ ¯ ¯ ¯ ¯ ¯ ¯
5आगे­•भेरि­पूर्व­•मेचि­पश्चिम­•भर­मुलूकका­•मगरहरुके­¯ ¯ ¯
6वाट‌­अपुतालि­•चाक­•चकुइ­माफ­गरिवक्सनु­भयाको­रहे
7छ­•आज­हांमिवाट­फर्न्याउलो­व़ाक्स्यो­ग्वास्यो­समेत्‌­मा
8फ­गरि­•औ­•विराउं­माफिक्‌का­षतमा­दंड­सासना­गर्नु­•जी
9य­नमासनु­भनि­तिथि­वाँधि­•तावापत्र­गरिवक्स्यौँ­•इति­सं
10वत्‌­१८७९­शाल­द्वितीय‌­आश्विन­वदि­८­रोज­३­शुभम्¯ ¯

[1v]

मार्फत्­रणोद्योत­साह­

मार्फत्­प्राण­साह­

मार्फत­भक्तवीर­थापा­मार्फत्­भीमसेन­थापा­

मार्फत्­[...]­पाँडे­

मार्फत्­प्रसा[...]­मार्फत्­[...]सिंक[...]­

Translation

[1r]

May glorious Durgā help [us]

Venerable Father

[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, Rājendra Vikrama Śāha, the brave swordsman, the divine king always triumphant in war

Āge: To the Magaras throughout the kingdom; east from the [river] Bherī [and] west from the [river] Mecī. It becomes apparent that -[1]- (i.e., venerable father)2 had granted you an exemption from escheat [and] cākacakui.3 Today, [herewith] we issue a copper-plate having made the following regulation (thiti): "We exempte [you] also from pharnyāulo,4 vāksyo5 [and] gvāsyo,6 and in [other] punishable offences (birāu) [the authorities] shall punish [you] by fine, but [you] shall not be enslaved."

Tuesday, the 8th of the dark fortnight of the second Āśvina in the [Vikrama] ear year 1879 (1822 CE). Auspiciousness.

[1v]

MārphatRaṇodyota Sāha

MārphatPrāṇa Sāha

MārphatBhaktavīra Thāpā

MārphatBhīmasena Thāpā

Mārphat... Pā̃ḍe

MārphatPrasā...

Mārphat... siṃka ...


Commentary

Since the socio-cultural and caste classifications of the people of Nepal are highly complex due to the multitude of inter-mingled ethno-caste groups and diverse individual cultures,7 the caste system of the pre-modern Nepal renders as an interesting case for the study of cast theories and practises. Due to the fact that the caste system of Śāha and Rāṇā Nepal does not seem to follow the Brahmanical varṇa-system of dharmashastric practises, it is hard to reach a conclusion regarding the conceptual root behind the caste system of nineteenth century Nepal. In contradiction to the Brahmanical orthodox varṇa-system laid down in dharmashastric texts, the Mulukī Ain, for example, comprehends its own caste system to be partially based on dharmashastric ideas but more on customary practices. The present document indicates that the caste system of Nepal was not always bound to Brahmanical orthodox thought. It also shows that impurity was not a question of personal like or dislike but depended on social status deeply rooted in customary practice. The caste history of pre-modern Nepal shows rather a certain flexibility to redefine the caste status of certain categories of people. For example, in present document the Magara-caste group which previously was an Enslavable Alcohol-drinking caste group is upgraded as Non-enslavable Alcohol-drinker by issuing the lālamohara. This documents also indicates that the regulation of present document may have been incorporated later in the Mulukī Ain, which tells us that the documents issued before the Ain must have been one of the basis for the codification project of Jaṅga Bahādura Kuvãra Rāṇā.


Notes

1. Note that this document has been edited and translated in Fezas 1986: 173. The present study, by re-editing and -translating the document, shall attempt to correct few philological errors of the previous study and to present a more nuance understanding of the text. []

2. This refers to King Gīrvāṇayuddha Vikrama Śāha (r. 1799-1816). []

3. According to the Mulukī Ain, one of the understandings of the term cākacakui is an offence of committing adultery by a slave man or someone who belong to a caste who may be enslaved with a woman of certain Enslavable castes (e. g., Bhoṭyā, Cepāṅ, Jājhi, Danuvāra, Hāyu, Darai, Kumāla or the like). In such offence, the both guilty parties (in case they are not already slaves) are first enslaved as a punishment of committing adultery and then handed over to the local or central state agencies . For example, the section 6 of the article 86 of the Mulukī Ain regulates: “ If a slave commits adultery with a daughter or daughter-in-law of a Bhoṭyā, Cepāṅ, Mājhi, Danuvāra, Hāyu, Darai, Kumāla or the like who may belong to the castes whose member may be enslaved, the both persons who are in [defilement of] cākacakui shall fall under the ownership of the sarkāra—given the fact that the slave who committed adultery belongs to the owner of a gūṭhī-land, birtā-land, … or to a ijārā[dāra], ṭhekadāra or a dvāryā. An aḍḍā, adālata or a ṭhānā shall take them …” (cf. KM-MA 1854/86 §4 [N.A. VS 2022: 367f.]). []

4. According to J. Fezas (1986: 183), pharnyāulo or jharnyāulo may refer to the same as hāḍphorā: adultery committed within the consanguinity. []

5. This may refer to baksāunī: a fine collected from Magar beer-eaters in Salyan (see RSS 1970, 2(3), p. 100. []

6. Meaning unclear. []