[53]. Ibid.
[54]. Hallam, vol. i. p. 186.
[55]. “Le droit d’aînesse a causé, pendant l’existence du régime féodal, une multitude de guerres et de procès. Notre histoire nous présente, à chaque page, des cadets réduits à la mendicité, se livrant à toutes sortes de brigandages pour réparer les torts de la fortune; des aînés, refusant la légitime à leurs frères; des cadets, assassinant leur aîné pour lui succéder, etc.” (see article, ‘Droit d’aînesse,’ Dict. de l’Ancien Régime).
CHAPTER 4
Rakhwāli.
It was not unfrequent that application for protection was made to the nearest chief by the tenants of the fisc; a course eventually sanctioned by the Government, which could not refuse assent where it could not protect. Here, then, we revert to first principles; and ‘seignorial rights’ may be forfeited, when they cease to yield that which ought to have originated them, viz. benefit to the community. Personal service at stated periods, to aid in the agricultural[[4]] economy of the protector, was sometimes stipulated, when the husbandmen were to find implements and cattle,[[5]] and to attend whenever ordered. The protected calls the chief ‘patron’; and the condition may not unaptly be compared to that of personal commendation,[[6]] like salvamenta, founded on the disturbed state of society. But what originated thus was often continued and multiplied by avarice, and the spirit of rapine, which disgraced the Rajput of the last half century, though he had abundance of apologies for ‘scouring the country.’ But all salvamenta and other marks of vassalage, obtained during these times of desolation, were annulled in the settlement which took place between the Rana and his chiefs, in A.D. 1818[[7]] [177].
But the crown itself, by some singular proceeding, possesses, or did possess, according to the Patta Bahi, or Book of Grants, considerable salvamenta right, especially in the districts between the new and ancient capitals, in sums of from twenty to one hundred rupees in separate villages.
To such an extent has this rakhwali[[8]] been carried when protection was desired, that whole communities have ventured their liberty, and become, if not slaves, yet nearly approaching the condition of slaves, to the protector. But no common visitation ever leads to an evil of this magnitude. I mention the fact merely to show that it does exist; and we may infer that the chief, who has become the arbiter of the lives and fortunes of his followers, must have obtained this power by devoting all to their protection. The term thus originated, and probably now (with many others) written for the first time in English letters in this sense, is Basai.