The people of Gorkha have introduced other capital punishments, hanging and flaying alive. Women, as in all Hindu governments, are never put to death; but the punishments inflicted on them are abundantly severe. The most common is the cutting off their noses. Even those of considerable rank are tortured, by being smoked in a small chamber with the suffocating fumes of burning capsicum, and by having their private parts stuffed with this acrid substance.
There were two kinds of fines; Prayaschitta for the neglect of ceremonies, and those inflicted as punishments for crimes. The latter went to the Raja, and do so still. The former went to the Dharm’adhikar, or chancellor; but having been enormously multiplied since the Gorkha government, their amount is divided into eight shares, of which the Raja takes one, the collector (Gomashtash) one, the Dharm’adhikar one, and one goes to each of five families of Brahmans, named Pangre, Pantha, Arjal, Khanal, and Agnidanda. These families divide their shares equally among their members, who have multiplied exceedingly. Besides the fine, all
delinquents in matters of ceremony are compelled to entertain a certain number of these five families; the two first fattening on the wicked of the country west from the Narayani; and the other three on those east from that river. The number to be fed is restricted by the sentence, and the criminal may select those to whom he gives the entertainment, in any manner he pleases, confining himself strictly to the families entitled to participate.
Colonel Kirkpatrick, when he visited the country, thought [104] that the government, on the whole, afforded considerable protection to foreign merchants, rendering them in all cases as strict and prompt justice, as the imperfect nature of its general polity will admit. This, perhaps, is not saying much, as in the subsequent page he mentions, that the trade between Nepal and Thibet, the principal one in the country, is subject to very enormous, and at all times arbitrary exactions. In fact, all other branches of commerce, so far as I could judge, were in a state of decay, owing partly to these exactions, and partly to the recovery of debts being now very much neglected in the courts of justice, which seems to be one of the causes of the increase of trials by ordeal. A poor creditor, in general, has no resource against a powerful debtor, except sitting Dherna on him; and unless the creditor be a Brahman, he may sit long enough before he attract any notice.
Since the government of Gorkha, there has been usually established a Subah in place of each Raja, and the affairs are generally conducted by these officers as formerly; so far at least as relates to form; but they are not allowed to inflict any of the five severe punishments, without special orders from the
Raja or court, to whom a report of the case is made. There are, however, great complaints of injustice, the Subahs having power to check all complaints. In the petty states the Raja durst not neglect justice, having no resource except in his subjects’ affection. Personal acts of extreme violence, in contests for power, were overlooked in the families of the chief; and no attention was paid to punish assassination, when committed on pretence of revenging injured honour.
The Subahs having no power of inflicting severe punishment, few of these officers have with them a Dharm’adhikar; but, where a person of this kind is allowed, he is appointed by the Dharm’adhikar of Kathmandu. At that city there are now four Bicharis, and these appoint an officer of the same kind for each Subah. Over the Bicharis of Kathmandu is a chief called Ditha, who does not try causes, but watches over the conduct of the court.
The Subah is an officer of revenue, justice, and police, and, in fact, always farms the whole royal revenue of his district. He sometimes collects the different branches of revenue, on his own account, by means of subordinate officers named Fouzdars, and sometimes farms them to Izaradars. The land revenue, under the Fouzdars, is collected by Chaudhuris or Desalis, and other petty officers above mentioned. None of these offices are in any degree hereditary, nor does there seem to be any regular system for their payment. Sometimes the allowances are made in land, sometimes by a per centage on the rent, and sometimes by monthly wages. The whole seems to be in a great measure left to the discretion of the Subah, but, under the name of Khurchah, both he, and every man in authority under him, takes from his inferiors as much as he can.
The Subah has under his authority some armed men, and
these are called Seapoys; but they are irregulars, like the Burkandaj, which are employed by the civil authority in Bengal.