First, the ordinances of conduct which the Nawab, the wise and learned Shaikh Abu ’l Fazil wrote, with the pen of accuracy, by orders of his Majesty, dwelling in heaven, in order that the governors of the countries occupied by his sovereignty, and the clerks, may pay attention to their execution.
This is “God is great;” this is the patent of the Ilahí faith: and the ordinances of conduct are a work of instruction, which sprung from the fountain of benevolence, and the mine of kindness of sovereignty, and according to which the regulators of the royal offices, the managers of the Khalifa’s court among his fortunate sons, the gentle-minded princes, the Omrahs, high in dignity, all men of rank, the collectors of revenues and the Kótwals may settle their practices; and in the arrangement of important affairs in great cities and in villages, and in all places maintain their authority.
The principal point is summarily this: that, in all transactions, they may endeavor to deserve the divine favor, by their usages and pious practices; and that, humbly suppliant in the court of God, without partial complacence to themselves and to others, they may execute the law in their proceedings. Another point is, that they may not too much like their private apartment; for this is the manner of the desert-choosing durvishes; that they may not accustom themselves to sit in the society of common people, nor to mix in large crowds; for this is the mode of market people; in short, that they may keep the medium between the two extremes, and never forsake the just temperance; that is, avoid equally excess in dissipation and retirement. Besides, they are enjoined to venerate those who are distinguished by devotion to the incomparable God; to take the habit of vigilance in the morning and evening, and particularly at midnight; and at all times, when they are free from the affairs of God’s creatures, to occupy themselves with perusing the books of the masters of purity and sanctity, and the books of moral philosophy, which is the medicine of spirituality and the essence of all sciences; such as Ikhlák Naseri, “the Ethics of Naśery;”[101] and manjíat wa mahelkat, “the Causes of Salvation and Perdition,” Ahyáyí âlúm ál dín, “the Revival of the Sciences of Faith;”[102] the Kimíáyi Sâadet, Alchymy of Felicity;”[103] and Masnaví, “the poetical compostion of the Máulavi of Rúm,”[104] so that having attained the highest degree of religious knowledge, they may not be liable to be moved from their station by the fictions of the masters of deceit and falsehood; as in this state of dependence the best sort of worship is, after all, the most important concern of creatures; that, without being influenced by friendship or enmity, without regard to relations or strangers, they may with an open forehead raise themselves to a dignified rank; further, that they may, to the extent of their power, confer benefits upon the religious mendicants, the miserable and indigent, particularly upon the pious recluse in a corner, and upon the saints, who, straitened in their expense and income, never open their lips for a demand; that, being in company with the pious hermits seeking God, they may beg their benediction; besides that, having weighed the faults, errors, and crimes of men in the balance of justice, they may assign to each his proper place, and by the balance of well-founded appreciation bestow retribution upon each; that by the judgment of sagacious men they may find out in the crowd him whose faults ought to be concealed and passed over, and him whose guilt is to be examined, proclaimed, and punished; for there are faults which deserve greatly to be repressed, and others which are to be treated with great indulgence; it is required that, to show the right way to the disobedient, they use advice and gentleness, harshness or mildness, according to the difference of rank and season; when advice remains without effect, then imprisoning, beating, maiming of members, and capital punishment may be inflicted, according to the diversity of cases; but in putting a man to death they ought not to be too rash, but rather employ an abundance of considerations:
“A head once severed cannot be refitted to the body.”
Whenever practicable, they ought to send the delinquent worthy of death to the King’s court, and there represent his case. If keeping him be likely to occasion an insurrection, or (sending him to the King’s court) become the cause of trouble, in this necessity he may be executed; but flaying alive, or throwing a man under the feet of an elephant, which is practised by violent kings, ought to be avoided. The treatment of every man is to be conformable to his rank and condition; because to a high-minded man a severe look is equivalent to death, whilst to an abject person, even flagellation is nothing. Besides, remission is to be made to any body who, by his genius, knowledge, and virtue should have acquired consideration, and when the magistrates observe in his conduct any thing unbecoming in their opinion, they ought to tell it to him in private. If one of the historians of the times relates something wrong, they are not to rebuke him severely for it; for a rebuke is a barrier upon the road of truth-speaking; and he upon whom the incomparable God has conferred the aptness of speaking truth, deserves to be accounted precious: for men are excessively weak, and those who are of a mean origin and depraved, have no inclination to speak truth, but choose to submit to every sort of abjectness. He who is of a good disposition is cautious that nothing in his speech may be disagreeable to the ears of his master, and that he may not incur disgrace. But the man of noble sentiments, who prefers his own loss to the advantage of others, possesses the science of the philosopher’s stone. Administrators ought not to be fond of flattery, as many affairs are left undone on account of flatterers; nor ought they, on the other hand, to ill treat those who are not flatterers, as a servant may also be obliged to say unpleasing things.
The judges should attend personally, as much as possible, to the examination of the plaintiff (verse of Sâdi):
“Throw not his complaint to the diván (tribunal),
As he may possibly have to complain of the divan itself.”
The plaintiffs ought to be examined in the order in which their names are inscribed on the list, in order that he who came first may not be subject to the inconvenience of waiting. The disposal of precedence or delay is not to rest with the first registrars of the court. If a person be accused of acting criminally, the judges ought not to precipitate his punishment; for there are many eloquent slanderers, and few well-intentioned speakers of what is right. During the period of anger, they ought not to let the bridle of reason slip out of their hands, but act with calmness and reflexion. It becomes them to grant privileges to some of their friends and servants, who are distinguished by great wisdom and devotedness. At the time of overbearing grief and affliction, when the wise abstain from speaking, let them not exceed either in words, silence, or imbecility. They should be sparing with their oaths, as much swearing raises a suspicion of lying. They ought not, to accustom themselves to offend an interlocutor by evil surmises or by bad names: for these are vile manners. Finally, it is their duty to show solicitude for the promotion of agriculture, the welfare of the cultivator, and the assistance of tenants; in order that, from year to year, the great cities, the villages, and towns may rise in prosperity, and acquire such facility of improvement that the whole land may be rendered fit for cultivation, and consequently the increase of population be carried to the utmost.