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No. 10.—BLOODSHED
In the old law it is written that for any drop of blood shed the price varies from
one to one-quarter zho.* A man may even be beheaded for wounding a superior.
For wounding his own servant a man is not fined, but he must tend the wounded
man. Should two men fight and one wound the other, he who first drew his knife is
fined, and he who is wounded must be tended by the other till his wounds be well.
The fines are payable in money or kind. Should a man wound another without any
fight, he is fined according to the law of murder.
If in a fight a limb or an eye is injured, the compensation to be given is fixed
by Government.
No. 11.—FOR THOSE WHO ARE FALSE AND AVARICIOUS THE FOLLOWING OATHS ARE REQUIRED
If it is thought a man is not telling the truth, an oath should be administered. At
the time of taking an oath powerful gods should be invoked, and those who
administer the oath must be present. It is written in ancient law that the bird of
Paradise should not be killed, the poisonous snake should not be thrown down, the
raven should not be stoned, and the small turquoise should not be defiled. Thus pure
Lamas and monks should not be sworn.
Magicians, shameless persons, women, fools, the dumb, and children should
not be sworn.
Men should be employed who know both parties and are intelligent and
truthful. Those willing to take an oath should be of equal rank. When all are present,
the case should first be settled, if possible, by arbitration. If this fails, the ordeal either
by hot stones or boiling oil is resorted to. That by oil: The oil must be supplied by
Government and must be pure. It is boiled in a pan at least 3 inches deep. In the oil
a black stone and a white stone are placed of equal size and weight. He who has to
take the oath must first wash his hands in water, in milk, and in a widow’s urine. His
hand is then bound in a cloth and sealed. This is done a day or two before the
ordeal in order to give him a chance of confessing. The vessel with the boiling oil is
then placed so that the stones cannot be seen, and he has to take one out. If he
takes out the white one without any burn, he wins his case. He who gets the black
stone is sure to be burnt and loses his case. Should he who gets the white stone be
slightly burnt, it means he has partially spoken the truth and wins half his case.
That by hot stone: The stone is made hot by the blacksmith, taken out of the
fire with tongs, and placed on a brass dish. The man’s hands are washed as before,
examined to see what marks there are on it produced by labour, and the hot stone
placed in the palm. With the stone he must walk 4 to 7 paces. His hand is then
bound up and left for 3 to 7 days. On examination if there are no marks, or if there is
a long mark called rdo-lam, he wins his case. He also wins his case if the stone bursts
* The word ‘zho’ means a drachm, or as a coin two-thirds of a rupee.
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