תמונות בעמוד
PDF
ePub

originator of a code of Armenian laws, which was then generally used in the courts of judicature of our country. History also tells us that another code of laws was in existence in Armenia, so far back as the year of Christ 1046, written or prepared under the auspices of the Armenian king, Johannes Bagratian. The latter has been in general use among the numerous Armenian population of Poland, where a transcript of it is preserved, with a Latin translation; but the text or original work is not to be found. As neither of these law-books has found its way to India, I am unable to say whether the volume you have sent me is a transcript of the one or the other, for the name of the author or legislator has unfortunately not been inserted therein. I am, however, inclined to think it to be a compilation from both, but cannot take it upon myself to say, whether it is one of established legal reputation in Armenia. It is greatly to be regretted that the code of Mechithar Ghosh has never been printed or published to this day. This, under existing circumstances, is certainly a very serious evil to the Armenians living under the jurisdiction of our Zillah courts.

The following is a translation of a portion of the Chapter on Inherit

ance:

[ocr errors]

Chapter CIV. Of the division of Property.

"Conformably to the rule of division, property must be equally divided in the following manner: that is to say, the whole of the property to be considered as one drachma, and the drachma as six oboli. If there be a son and a daughter in the family, the property must be thus divided: that is to say, two and a half oboli to the brother, two and a half oboli to the sister, and one obolus to the mother. But, if there be two sisters, and both of them married, the two sisters are to be looked upon in the light of one brother. Two and a half oboli to be given to the brother, two and a half oboli to the two sisters, and one obolus to the mother."

From this it will appear, that the wife or mother is entitled to onesixth of the property bequeathed by the father or husband. This custom or usage, so far as my information extends, does to this day obtain among the Armenians residing in the various parts of Persia and Turkey. It is difficult for me to ascertain whether the Armenians living under the rule of Russia,* are equally guided or influenced bythis usage.

A code of laws, bearing the affix of the imperial fiat, was concocted and published in 1836, for the guidance of the Armenians living in Ararat, one of the provinces of Armenia which is now under the sway of Russia. A copy of this code of

Herewith I return you the manuscript volume, with the contents of which I have already been made acquainted, by the kindness of its former owner. * Another copy of this work, though not so elegantly written, was in the possession of one of the Armenian priests of Calcutta; but in consequence of his death, it was, together with his other books, sent to his son at Ispahan in January last. Should you require an English translation of any other portion of the work, I shall feel most happy to furnish you with it.‡

CALCUTTA,

26th June, 1838.

Believe me to be,
Your's very truly,

JOHANNES AVDALL.

laws in manuscript having been sent to me from Madras, I instantly put it into the press, and published a sufficient number of copies thereof for the numerous Armenians living in different parts of British India. The contents of this code are, however, inapplicable and scarcely of any use or benefit to my expatriated countrymen, scattered throughout this portion of the globe. Driven as we are from our country by Moslem despotism and unrelenting persecution-bereft as we are of our national glory and independence-wandering as we are on the surface of the globe like the scattered children of Israel, but partially domiciled here, under the fostering and paternal care of the British Government, I trust I shall not be taxed with presumption in expressing a wish, that a string of laws, well adapted and suited to the circumstances and general condition of the Armenians settled in this country, framed and concocted by the wisdom of the Legislative Council, be passed and promulgated by the Supreme Government of British India, with the view of promoting and securing the welfare of the children of their adoption. In asking this boon, I rest assured that it will be conceded to us by the illustrious and philanthropic head of our government.

* The former owner of this law-book was the late Right Rev. Hárútheún Várdápiet Սրբազան Յարութիւն վարդապետ of the fraternity of the Armenian Convent of Julpha in Ispahan. In the year 1824, while residing at Sydabad with his brother, the late patriotic Manásácán Vardon, the Rev. gentleman was applied to in writing by Mr. G. C. Master, first judge of the Provincial Court for the division of Dacca, to state his opinion on a certain question of inheritance, arising from the will of a certain opulent Armenian inhabitant of that place. In complying with Mr. Master's request, this dignitary of the Armenian church availed himself of the contents of this very law-book. His opinion on the subject is justly and appro priately prefaced by these words-" All laws of justice, either civil or ecclesiastical, in all Christian nations, have their origin from the Holy Seriptures." The judges, I am credibly informed, were guided by his opinion in pronouncing their decisions. Hence, it is evident, that the book in question was considered by the judges as a sufficient authority. On the death of Háruthéun Várdápiet, the book alluded to became the property of his brother, Mr. Mánásácán Vardon, on whose demise it devolved on his eldest son, and is now in the possession of his youngest son, Mr. S. M. Vardon.

↑ The late Rev. Ter Marcar Ter Carapiet, Հանգուցեալ Սրբակրծն Տ Մարգար Տր կարապետեան formerly vicar of the Armenian church of Calcutta, of happy and blessed memory,

The utility of piecemeal extracts from these manuscript Armenian law-books, will be temporary and confined to a few only. As several of the Armenian residents in the Mofussil, have a large and extensive property in lands and talúks, would it not be advisable for them to adopt measures for printing at the Armenian press in Venice the code of Mechithar Ghosh, and the law-book of the Armenian king, Johannes Bagratian? Let them come forward and supply the sine quâ non, and the long-desired object will be speedily and satisfactorily consummated.

On Tabular Returns of the N. W. Frontier Trade with Afghanistan.

[Profiting by the scope and character of this Journal, and following the system of the Society after which it is named, the Editor has not hesitated in publishing the following Tables, and the remarks upon them, as containing most valuable notice of a subject interesting to all in India. The information compendiously given in the above, was the result of private perquisitions, made at the instance of the writer of this note: it may be relied on as strictly accurate, The allusion to disadvantages opposed to traders from Cabool is only made, in order to show how great must the contrary advantage be, and how strong the impulse to trade, when, (as the writer believes to be the case,) they have now been removed by recent arrangements.]

EXPORTS.

British Manufactures and Island Produce.

The statement (No. 1,) embracing the trade of the year 1840, (from January to December,) in British manufactures and Island produce cannot, it is to be regretted, be pronounced thoroughly accurate, inasmuch as it is derived from data which is presumed to be imperfect. However, the quantity of each staple therein exhibited as having been exported to Cabool across our North-west Frontier, during the period under review, is, there is every reason to believe, by no means exaggerated; on the contrary, it may be said to fall far short of what actually found its way to the Northern marts, via Delhi, which is the great entrepôt of the extensive commerce of our North-western Provinces and Central Asia.

The correctness of the staples of trade given in the statement can be vouched for, and it will be observed, that cloths form the chief. Of the several descriptions of linen the most prized and sought after, is long-cloth, (Luttah,) the unbleached being preferred to the bleached; the Cabool merchants having discovered that our method of bleaching rots the thread, and abstracts a year's wear at least from the cloth; besides it enables them the more readily to dye it blue, their favourite colour.

Of all the export staples, British linen is said to give the greatest return, yielding a nett profit of nearly 100 per cent. on the outlay,

and to meet with the most ready sale, the merchants from Khiva, Bokhara, Khorassan, Samarcand, Lodauk, &c. &c. buying it up with avidity.

Our broad cloths, too, are eagerly sought after, (sombre colours are preferred to gay,) and immense quantities are said to be exported from Bombay. It is only the coarser quality that is inquired after here. The same remark applies to Birmingham and Sheffield ware, cutlery, &c. which is very much admired and prized; especially when contrasted with the miserable wares of Russia, specimens of which, when contrasted with the rudest workmanship of the Delhi artificers, have shown the comparison to be greatly to the prejudice of the former.

The next article in point of importance is metal, (lead, copper &c. the former in pigs, and the latter in sheets,) and of this it need only be said, that the demand for the Northern marts is greater than the supply here, i. e. the surplus supply-the home consumption being enormous.

Island produce, of which the several kinds of spices compose the principal export staple, (black pepper is the chief item,) will always exercise a very important influence on the Cabool trade ; for, although not strictly coming under the term "necessary," the customs and habits of Asiatics render the consumption of Island produce, spices, beetlenuts, pigments, &c. a matter of course.

The trade, as will be seen in Island produce, has been tolerably brisk during the past year; but it would have been considerably more so, were it not for customs' restrictions.

Almost all articles of Island produce are subjected to port duties * Spices, beetlenuts, when imported seaward into Calcutta, and therelogwood, pepper, long pepper and its fore, agreeably to the liberal principle allowed by roots, (called piplamoor,) sandal-wood, Government, ought not again to be taxed any senna, camphor,ben- where within the Company's territories. This, jamin, red earth, red lead. however, is not, and cannot be done, inasmuch as most of the produce of the Islands is also liable to the payment of inland customs' duties; that is, they (vide margin*) are borne on the tariff, which regulates the levy of duty in the inland customs' houses.

A Cabool merchant, (to give an example,) purchases at Calcutta 10 maunds of black pepper, which he is told is sea-imported, and therefore not liable to further interference any where within the Company's territories. He brings this pepper to the North-west frontier line of customs unaccompanied by a rowannah, when, as a matter of course, it is seized. The owner urges that he purchased it at Calcutta as a sea-import, and the customs' officer demands proof, which is not forthcoming. The consequence is, that the goods are detained, and the case is reported to the Sudder office, which is often distant a hundred miles from the scene of action. The merchant defending the case urges the same plea, and the native appraiser, who cannot possibly know the difference, is asked his opinion as to whether the article is sea-imported, or country produce. In nine cases out of ten he declares it to be the latter, when the custom collector desirous of discriminating between zeal to Government and justice to the trader, determines upon sending samples of the goods to the custom master at Calcutta meanwhile, the merchant is told that his property must remain under attachment, or he must deposit a sufficient sum of money to meet a demand for single duty. This latter alternative he gladly accepts, considering any sacrifice better than further detention, which usually swells out to fifteen or twenty days.

The samples are, in due course, submitted to the English appraiser in Calcutta, who, possibly knowing nothing of country produce, or at least of the particular produce in question, pronounces the samples to be sea-imported; consequently, the inland custom collector resolves to release the pepper; but the owner is no where to be found, and his money remains in deposit for three months, when, according to the rules of the department, it reverts to Government.

Subsequently the owner on his return trip to the provinces calls to know the fate of his money, and he is told that although the pepper was proved to have been sea-imported, the duty was carried to credit, as he did not claim it within the prescribed period of three months. The above will shew, without further comments, how materially this branch of commerce is retarded, (and without help) by the frontier customs.*

* I have reason to believe, that this inconvenience is in course of remedy.

« הקודםהמשך »