Sebuah Perjalanan ke Lhasa dan Tibet Tengah/Bab 7
CHAPTER VII.
GOVERNMENT OF LHASA—CUSTOMS, FESTIVALS, ETC.
The Dalai lama's[1] position resembles that held until lately by the Pope in the Christian world. He is believed by the Northern Buddhists to be the Buddha’s Vice-regent incarnate on earth, and the spiritual protector of Tibet. He is known as Tug-je chenpo Shenrezig, or the Most merciful Avalokiteswara. He never dies, though at times, displeased with the sinfulness of the world, he retires to the paradise of Gadan,[2] leaving his mortal body on earth. The ancient records of Tibet say that he has only appeared on earth fourteen times in the eighteen centuries from the time of the Buddha’s death to the beginning of the fifteenth century.
In the year 1474 Gedun-gyatso was born, an embodiment of Gedun-dub, who was an incarnation of Shenrezig, and the founder of the famous lamasery of Tashilhunpo.[3] Gedun-gyatso was elected head lama of Tashilhunpo in 1512, which office he resigned to fill the same position in Dabung, the chief lamasery of Lhasa. He had built at this latter place the Gadan phodang of Dabung, which since then has been famed as the principal seat of Buddhist learning.[4] He was the first of the line of Dalai lamas.
His successor was Sonam-gyatso. He was invited to Mongolia by the famous conqueror Altan Khan, and on his arrival at the latter’s camp the Khan addressed him in Mongol by the name of Dalai lama, the Tibetan word gyatso, “ocean” being the equivalent of dalai in Mongol. Altan, knowing that the lama’s predecessor had also the word gyatso in his name, took it for a family name; and this mistake has been the origin of the name of Dalai lama since given to all the reincarnations of the Grand Lama.
In 1642 Kushi Khan conquered Tibet, and made over the sovereignty of the central portion of it to the fifth Dalai lama, Nagwang lozang-gyatso, and that of Tsang, or Ulterior Tibet, to the Grand Lama of Tashilhunpo, though he continued himself to be the de facto sovereign, appointing Sonam chuphel as Desi, or Governor, of Central, and another as administrator of Ulterior Tibet. The spiritual government remained, however, in the Dalai lama’s hands, and he conferred on Kushi Khan the title of Tandjin chos-gyi Gyalbo, "the most Catholic king."
In 1645 the Dalai lama erected the palace of Potala, Kushi Khan having his residence in the Gadan khangsar palace in Lhasa itself. Engrossed with extending and consolidating his newly acquired kingdom, he had, little by little, to transfer to the Dalai lama and the Desi most of his authority over Tibet. In 1654 Kushi Khan died, and the Desi Sonam chuphel followed him shortly to the grave. By this time so much of the temporal authority had devolved on the Dalai lama, that, from the time of the death of Kushi till his successor Dayan arrived in Lhasa in 1660—even though for a year (1658–1659) there was no Desi—the country enjoyed peace and prosperity under his rule.
During Dayan Khan’s reign, which only lasted eight years, a Mongol chief, Jaisang Teba, was Desi of Tibet, and the Desi who succeeded him was appointed by the Dalai lama himself.
The successor of Dayan was Ratna-talai Khan, but by this time the management of State affairs had entirely passed into the hands of the Grand Lama. In 1680 he appointed Sangye-gyatso Desi, and conferred on him such authority that, under the title of Governor-Treasurer (Sa-kyong-wai chyag-dso), he was in reality King of Tibet. He remodelled the Government, and introduced many useful reforms in every branch of the public service.
The Desi is commonly called "regent" (gyal-tsab), or "king" (gyalbo).[5] The office is now elective, but no layman may hold it; it is filled by a lama from one of the four great lings, Tangye ling, Kundu ling, Tse-chog ling, and Tsomo ling; though there have been cases, as, for instance, that of the Desi Shata (or Shadra), where lamas from other places have been selected.[6]
The council of ministers (Kalon) and the Prime Minister (Chyi-kyab khanpo[7]) select the regent, and their choice is confirmed by the oracles of Nachung chos-gyong and Lhamo sung chyong-ma; and, lastly, the nomination is ratified by the Emperor of China.
When the Dalai lama reaches his majority, fixed at eighteen years, the regent, in the presence of the Kalon, the chiefs and nobles, presents him with the seals of office of both spiritual and temporal affairs. Since the beginning of the present century no Dalai lama has reached majority, and the regency has been without interruption.[8]
The regent is assisted by a Chasag, whose appointment is also subject to confirmation by the Emperor of China. He wields great power, and sometimes exercises the functions of the regent himself. No petitions on any official business can reach the regent without passing through his hands. He is entrusted with the great seal, and when a paper has been prepared by the chief secretary, or Kadung, the Chasag affixes the seal to it. The word Chasag means "a strainer for tea," the dignitary so designated being the test and model of merit.[9]
The council of ministers, or Kalon shag lengya, is composed of four laymen and one monk, all of them appointed for life. Formerly there were only four Kalon, but of late the preponderating influence of the clergy has forced the Grand Lama to put in the council one of its members, and he takes the first seat in the council hall, or kashag, the Kalon kripa coming next to him. The council sits daily from nine to two, and transacts the political, judicial, and administrative work of the Government. It hears appeals from the Djongpon, or from the Court of the Timpon of Lhasa, known as "the black court" (Nagtsa-shar).[10] The ministers sit cross-legged on thick cushions placed on raised seats, with a bowl of tea on a little table in front of each of them, which is kept full by the Court Solpon. The secretaries and clerks occupy adjoining rooms. The ministers and all the officers of their court are provided with dinner at the expense of the State.
Estates (or Lonshi) are set apart for the maintenance of the ministers, who receive no other salary. They are not allowed the privilege of being carried in sedan chairs (pheb-chyam), the Amban, the Dalai, the Panchen lamas, and on certain occasions the regent, being alone permitted to use this conveyance. The Kalon dress in yellow tunics, and wear Mongol hats with a coral button on top.[11]
When the office of a Kalon becomes vacant, the regent, in consultation with the other Kalon, selects two or three generals (Dahpon), and sends their names to the oracles of Nachung and Lhamo sung-chyong-ma of Potala for them to pronounce upon. The person approved of by the oracles is appointed.
In literary style the ministers are called Chying-sang or Dun-na-dun, but colloquially they are known as Kalon or Shape, and the title of Sa-wang ("power of the land") is usually affixed to their names, as they are selected from among the wealthy and powerful nobles. When sitting in a judicial capacity they are known as Shalchepa, and Shulenpa when they perform the duties of advocate.
Formerly the wives of Gyalbo and Desi were addressed by the title of Lhacham, but nowadays it is only given to the wives of Kalon. Their sons are called Lha-sre, or "prince."
There are four secretaries, or Kadung, chosen from among the Dungkhor, and one chief clerk, or Kabshopa, attached to the Kalon’s court. Under these secretaries are 175 Dungkhor, or civil officers, under the immediate supervision of the Tsipon, or accounting officer.
The Dungkhor[12] are chosen from among the best scholars of the Yutog school, where the sons of nobles and the leading people are educated. They are taught accounting by serving five years in the Bureau of Accounts, or Tsi-khang, after which they are deputed to perform various duties, especially in connection with the treasury, and the most experienced among them are appointed Djongpon, or prefects.
The salaries of the Dungkhor are barely sufficient for their maintenance; but, as they belong for the most part to well-to-do families, this question is unimportant.[13] The Dungkhor have a peculiar way of dressing their hair, which distinguishes them from all other officers.
Those among the sons of the wealthy and prominent people of Lhasa who, having become members of the Church, desire to enter public life, are trained at the Tse labdra of Potala, after which they become Tse-dung, or monk officials. The number of these Tse-dung cannot exceed 175. In all places of trust and responsibility there are two officers, and sometimes more, one at least of whom is a Tse-dung. Thus, in the office of the treasurer of Potala there are two Tse-dung and one Dungkhor; in the Labrang treasury there are two Tse-dung and one Dungkhor, etc. The Tse-dung are appointed to these offices for a term of three years.
The Djongpon, or prefects, are entrusted within their respective Djong with civil and military powers; they try civil and criminal cases, and levy taxes, the latter duty being performed under Kargya, or, as we would say, Purwanas from the Court of Kalon. There are 53 Djong and 123 Sub-prefectures under Djongnyer.
There are two Djongpon to every Djong,[14] their authority being equal in all respects. In military matters they are subordinate to the generals and the Amban. They render yearly accounts to the Amban of the military stores in their district, and have also to show their proficiency in shooting, riding, and other athletic sports at the annual inspection of the troops made by the Amban and the Dahpon; and the former confers on them blue or crystal buttons, to be worn on their official hats.[15]
The establishment of a Djongpon comprises two Dungkhor and two storekeepers (Djong-nyer)—administering sub-districts—and a number of under-strappers. The heads of villages (or Tsopon), the headmen (or Mípon), the elders (or Gyanpo), all of whom are elected for a term of years, are also under his orders.
In every Djong there are two store-houses—the kar-gya, or reserve store, and the djong-dso, or repository of the Djong. The keys of the former are kept by the Kalon, and it is opened only once or twice a year. The Government sends annually a revenue officer to check the accounts of the Djongpon and tax-collectors (Khraldupa), and to take over the revenue collected by them. The Djongpon have, like the Kalon, their jagirs or djong-shi for their maintenance, in lieu of salary.
The following citation, taken from a work entitled 'Sherab dongbu,' or 'Bits of Wisdom,' may prove of interest:—
"Whenever petitions or requests are made, they should be carefully examined. Impartiality should be shown to all classes alike, to great and small, to lamas and to laymen. Uninfluenced by gratuities or the fear of criticism, the Djongpon should administer perfect justice. Questions of jurisdiction, of taxes due by the misser, and of forced labour, should be settled by the rules (tsa-tsig) of each Djong. The villages, houses, and inhabitants should be counted and inspected yearly, and the numbers compared with those of preceding years. He should have returned to their houses those who have left them, particularly misser who have been absent from their houses for not more than five years. Servants and labourers of the Djong should not be employed by him at his private work; the number of servants allowed him is fixed by the tsa-tsig. He should be kind to the misser, and not without a good cause have disputes with neighbouring Djongpon, as the Government’s interests would thereby suffer. He should not allow the public lands to be encroached upon, nor should tenants on them be taken away by landholders (gerpas).
"No women should be allowed to loiter about the Djong, and the Djongpon should carefully refrain from any flirtation. He should see to facilitating the courier service, and he should see that no one receives supplies for their journey unless they are bearers of passports (lam-yig). Frontier or foreign traders who cannot show a passport should be held, and any information he may obtain of affairs in other quarters should be transmitted to Lhasa."[16]
As previously mentioned, the Kalon and Djongpon exercise judicial functions. In the case of the Sera and Dabung lamaseries, the abbots decide all minor offences committed within the monastery limits, but the more serious charges are committed to the court of the regent and the Kalon. In all other lamaseries only offences against the common law are tried by the convent authorities.
It is customary for both parties in a suit to make presents to the judge. When the case has been examined, the judge fixes the costs (tim-teg) to be borne in equal portions by the plaintiffs and defendants. As a general rule, disputes are settled by the village elders; but few lawsuits occur on the whole, for the Tibetans are a peaceful, kind-hearted, law-abiding people, and very amenable to reason.
The Amban, or Imperial Resident of China in Tibet, is the head of the Tibetan army. His Chinese staff consists of an Assistant Amban, two Laoyeh, and a paymaster (pogpon).[17] There is also one Tibetan general, or Magpon, six Dahpon,[18] or division commanders, six Rupon commanding regiments, and a number of subordinate officers.
The Amban is the medium of all communications between the Tibetan Government and China. He settles all political differences between the various states of Tibet and the Lhasa Government; he confers titles and honours on native military officials; but he has, theoretically, no authority in the internal administration of the country. He ordinarily resides at Lhasa, and annually makes an inspection of the Nepalese frontier as far as Tingri djong. Sometimes the Assistant Amban performs this duty, and he then inspects the military stores and forces at the different Djong.
The political relations between Tibet and China are now so intimate that the Imperial Residency established at Lhasa in the first quarter of the last century has converted Tibet from a protected state into a dependency of China. The two Ambans are commanders of the militia, and arrogate to themselves the supreme political authority of the country. The appointment of two Ambans to watch the political interests of the country is probably based on the principle that the one acts as a spy on the other. This has, as in China, become a custom in Tibet.
The Ambans are the terror of the Tibetans, who abhor them from the depth of their hearts.[19] Whenever they leave the capital on pleasure excursions, or on inspection tours, provisions, conveyances, and all sorts of labour are forcibly exacted from the poor villagers, who are deprived of their ponies and yaks, which, owing to the merciless treatment of the Ambans' numerous retainers, die in numbers on the road. No compensation is given them for their losses, and no complaints are admitted by the courts of justice, presided over by the lamas, against this kind of oppression. Tsamba and sheep are also on these occasions taken away by force from the people, who, unable to bear the oppression, not unfrequently rise in a body against the Ambans' retainers, when matters are settled by the district Djongpon, who are generally the creatures of the Ambans. Nor is this all. Every Chinese or Manchu soldier or merchant who enters Tibet, whether in a public or private capacity, is provided with a pass from Peking, which facilitates his journey and brings him safe to his destination free of charge.[20] The same is the case with those who leave Tibet for China, the Ambans being the only officials qualified to grant passports. The happy traveller, armed with the Ambans' authority, takes every advantage of his pass, and never fails to use his whip freely when the villagers delay in complying with his requisitions.
One of the Ambans at least is required to pay a visit to the Tashi lama once a year, to confer with him on State affairs, when, as the representative of the Emperor of China, he is received with the highest marks of distinction. The Amban is required to make a low salutation with joined palms, and as he approaches the throne he presents a khatag to the lama. The Tashi lama, on his side, blesses him by touching his head with his open hand, and seats him on his right on a State cushion. After a short interchange of compliments the conversation turns on the health of the Emperor, the happiness of the people, and the prospects of the year’s crops. Interpreters who understand the Mongol, Manchu, and Chinese languages always accompany the Amban, and the Tashi lama has also his interpreters. When the Amban appears abroad he is carried in a yellow chair, and attended by a numerous retinue bearing the insignia of his high office.
Of the Dahpon, two are stationed at Lhasa, two at Shigatse, one at Gyantse, and one at Tingri djong. Three of the six Rüpon belong to Central Tibet, and three to Ulterior.
The regular army consists of 6000 men, 3000 being under arms, and the other 3000 at home on half-pay. Those in active service serve for three years at a monthly pay of two ounces of silver. After this they return to their homes, and enter the territorial army, or yul-mag, whence they may be at any moment recalled to active service. They are not usually uniformed, though some wear a black Chinese jacket. They are armed with matchlocks, bows and arrows, long spears, and slings (ordo).
Besides the regular army, the Government may, in case of need, call out all the forces of the country, when each family has to supply one man fully equipped and provisioned, and every landholder sends a man for every kang[21] of land he owns, and a follower to carry his provisions. The Kalon, Djongpon, Dahpon, and chief men furnish quotas of cavalry (or tamay), all those who have ponies being incorporated in this arm.
Besides the expense of maintaining the army—each Chinese private being paid fourteen rupees a month and thirty surs of tsamba, and every Tibetan 2¼ rupees a month—the Tibetan Government has to contribute 50,000 rupees to the Eesidency establishment, exclusive of the Amban's salary. The Tibetan Government, as well as the whole nation, groan under this excessive and useless expenditure; but the maintenance of this order of things is declared to be essential for the protection of the holy lamas against the encroachments of the English, Nepalese, and Kashmir Governments. Both the latter states are allies of Tibet, while the very name of the first is dreaded by the Government officers, especially the monk officers, as an invincible power, and as being the incarnation of the Lhamayins (giants) who fought against the gods.
It is universally believed in Tibet that after two hundred years the Tashi lama will retire to Shambala, the Utopian city of the Buddhists, and will not return to Tibet, and that in the mean time the whole world will succumb to the power of the Phylings (Russians and English). Neither the Emperor of China nor the combined legions of gods and demi-gods who reside round the golden mount of Rirab (Sumeru) will be able to arrest the progress of their arms or the miracles of their superior intellect. It is the policy of the Tibetans to keep them at a distance, not by open hostilities, but by temporizing and diplomacy. They were initiated into this policy by the Ambans, who are always busy in devising fresh plans for guaranteeing the safety of the country against all sorts of imaginary foreign aggressions.
The Nepalese are not now so much the object of this terror as they were a century ago, but are regarded as peaceful allies under the rule of the Emperor of China. Tibet pays no tribute to Nepal, nor does it entertain any agent at Katmandu, while Nepal maintains an agent at Lhasa to promote friendly relations, as also to protect her commercial interests with Tibet. It is to be remembered that the richest merchants and bankers of Lhasa are Nepalese Palpas.
During the late disturbances between the monks of the To-sam ling College and the Nyer-chang chenpo, the late Tashi lama did not consult the Amban, or invite the aid of his soldiers to quell the rebellion among the 1500 disaffected and unruly monks, but secretly apprised his subjects of the neighbouring villages of his intentions, and on the appointed day 10,000 armed men were assembled, carrying long spears, bucklers, matchlocks, and slings, who at once struck the rebel monks with terror. He has since that day been convinced of the sincere veneration and devoted loyalty of his people and of the perfect uselessness of the Amban's forces. This instance of tact in the Panchen rinpoche has raised him higher than ever in the estimation of the people, much to the discomfort of the jealous Amban. It is also pleasing to notice some signs of independence in the youthful Tashi, who is now the senior sovereign of Tibet, the Dalai lama being as yet an infant. The villagers and common folks, who suffer most from the Amban's tyranny, say that in course of time the present Tashi will prove a worthy successor of the great Tempai nyima[22] in faith as well as in strength of mind.
The principal sources of revenue of the Lhasa Government are the family-tax and the land-tax, the first being usually paid in coin, and the latter in kind. The family-tax may be paid at any time of the year.
Apart from the lands held by chiefs and nobles, there are, as already stated, altogether fifty-three Djong, or districts, under Djongpon, and a hundred and twenty-three sub-districts under Djongnyer. These constitute what are called shung shi, or State lands. Each djong contains, on an average, five hundred families of misser, or farmers. A misser family consists of one wife, with all her husbands, children, and servants. Each family, on an average, possesses two or three kang of arable soil. If one khal (50 lb.) yields nine or ten khal, it is considered a good harvest; six to eight is a tolerable crop, four to six a bad one. The Government revenue for each kang is, on an average, fifty srang (125 rupees), or about one hundred and fifty khal of grain. The Crown revenue, if taken entirely in kind, would therefore amount to 2,625,000 khal, which would be equivalent in money to 2,000,000 rupees. This is partially expended by the State for the Church, and in distributing alms to the whole body of lamas belonging to the monasteries of Potala, Sera, Dabung, Gadan, etc. In every Djong are kept registers, in which are entered the collections in previous years and the quality of the land under cultivation. The collector, after examining these, inspects the crops, and estimates the quantity of the yield, and by comparison with that of the five preceding years he fixes the tax for the current year. In very prosperous years the State takes two-fifths of the crop (the maximum allowed it).
Ulag consists in supplying to all those bearing a Government order for ulag, in which the number of animals, etc., is enumerated, beasts of burden — ponies, mules, yaks, and donkeys. If the misser have no ponies, they have to furnish yaks or donkeys instead. For stages along which neither yaks nor ponies can pass, porters must be supplied for carrying the traveller's goods. In default of these, the misser are required to pay a certain sum for carriage or conveyance. Misser, and all those who own more than one kang of land, must supply ulag and ta-u, consisting of either one coolie or pony, free of charge when the traveller produces his Government pass. The system of levying ulag is a kind of indirect taxation, accounts of which are kept by the village headmen. Some families supply a hundred ulag in a year, others only five or ten. If a misser fail to supply ulag once in a year, he is required to supply double the amount the following year. This duty is levied on all kinds of State lands and subjects, freeholds and private property granted to sacred personages alone being exempt from this hateful tax. Lands purchased from Government are also liable to it. Under the Lhasa Government there are about a hundred and twenty landlords, out of whom about twenty are very rich and powerful. The present regent. Lama Ta-tsag Rinpoche, of Kundu ling, has upwards of 3000 misser on his estates in Kharu and Tibet Proper. The ex-regent, whose estates lie in Kongpo, has about 5000 misser, and other great lamas and laymen about 1000 misser each. The greatest noble of Tibet, Phags-pa-sha, of Chab-mdo,[23] is lord over 10,000 misser.
When questions arise about newly reclaimed lands, the tax-collector, having no register (tsi-shi) to guide him, measures the field and superintends the harvesting, when he fixes the amount due to the State. He is forbidden fixing his assessments otherwise than by personal examination. The land-tax may be paid in three instalments—in November, December, and January, at which latter date it is remitted by the Djongpon to Lhasa or Tashilhunpo, as the case may be. The tax-gatherer has authority to remit a portion of the tax when the crops have failed for some reason or other; in fact, as a Tibetan author puts it, "as eggs are quietly taken from under a sitting-hen without disturbing the nest, so should the tax-gatherer collect the taxes without oppressing or disturbing the misser"[24]
The great monasteries at Lhasa and its neighbourhood, such as Sera, Dabung, Gadan, Samye, etc., have large freehold estates.
Besides these, there are more than three hundred landholders, called gerpa, who pay a nominal revenue to the Government, varying from ten to thirty doche (1250 to 3750 rupees), and who are also called upon to furnish ulag, ta-u, and other indirect taxes. Cows and jomo belonging to the Government and tended by dokpa are calculated to yield at the rate of five pounds of butter per head per year. In the provinces of Kong-po and Pema-kyod numerous pigs are reared, and rich families count their pigs by the thousands. The Lhasa Government levies a tax of one 'tanka' on every pig, and derives no inconsiderable revenue from these districts from this source. The tenants in each Djong contribute ten days' labour per head for the ploughing or harvesting of the State lands. This service is called the las-tal, or "labour-tax."
There is in Tibet no fixed rate of duties on merchandise, nor is there a regular import duty. Rich merchants who come from foreign countries are required to pay annually a tax of fifty srang to Government; large traders are charged twenty-five srang, and small traders three srang. Shopkeepers and pedlars pay five sho (114 rupee) annually, and itinerant Khamba hawkers who carry their own loads are charged half a tanka per quarter both in U and Tsang.
For crossing large bridges the charge is from one kha (one anna) to one tanka per head for a man, and a karma (two annas) to a sho (four annas) for ponies. For pasturing cattle on public lands there is a charge of from three to five sho yearly for every head. Besides these, there is a capitation tax of from two to three srang (712 rupees) on people owning no land but only homesteads. The revenue-collectors (Khraldupa) and their servants get conveyance, ponies, and yaks at every stage free of charge, and the villagers are bound to furnish them in addition with attendants, water, fuel, and lodgings. The revenue-collectors may accept for their own use all the khatag, butter, tea, and silver coin which the misser may see fit to offer them. They are also authorized, when on tour, to kill one out of every hundred sheep belonging to the misser for their own consumption.[25] In all other matters they are guided by the usages and laws of the country. No Government official, revenue officer, or Djongpon may oppress the poorest misser. If one of these peasants fails to pay his taxes in money, he may offer the equivalent in tea, butter, or blankets; but live stock, except when nothing else is available, are not to be accepted. The property in cattle belonging to the Lhasa Government exceeds 1,000,000 head. There is a superintendent of this Government stock, who, at the end of every year, submits an account of the live animals and the number died or killed during the year. In order to satisfy the authorities, he is required to produce the entire dried carcasses of the dead animals with their tails and horns. These superintendents are appointed annually, and as a consequence they take every opportunity of making their fortune at the expense of the State before the expiration of their term of service.
Letters are carried by messengers and special couriers called chib-zamba (or ta-zamba), meaning, literally, "horse-bridge." The couriers generally discharge their duty with admirable efficiency, and every one assists them with great promptness. All Government messengers are provided with the best and swiftest ponies, and at every halt are furnished with lodgings, water, firewood, and a man to cook their victuals. Couriers on foot usually travel from 20 to 25 miles a day, while those who ride do from 30 to 35 miles. The latter is the express rate, for which the Government generally gives an extra remuneration. Government couriers alone get ta-u, or ponies for travelling; private letters of officials are carried by them, while common people make their own arrangements for the conveyance of their letters, which are not, however, numerous.
The express couriers, or te-tsi, on the road between Lhasa and China are dressed in tight blue-coloured gowns, the tape fastenings of which are tied on their heads, and the knot sealed. They are required to subsist daily on five hen's eggs, five cups of plain tea, a pound of corn-flour, half a pound of rice, and a quarter-pound of lean meat.[26] They are forbidden to take much salt, and are strictly forbidden to eat onions, garlic, red pepper, butter, or milk. At midnight they are allowed to sleep in a sitting posture for three hours, after which they are awakened by the keeper of the stagehouse. It is said that these couriers are in the habit of taking certain medicines to give them the power of endurance against fatigue.[27] The letters are enclosed in a yellow bag, which the courier carries on his back, generally using some soft feathers to keep it from coming into contact with his person. They get relays of ponies at the end of every five lebor.[28] Arriving at a stage-house, they fire a gun as a notice to the keeper of the next postal stage to make ready a post-pony. At every such stage a relay of five ponies is usually kept ready. The courier is allowed to change his dress once a week.[29]
A special class of trained men are employed on this service. The distance between the Tibetan capital and Peking is divided into a hundred and twenty gya-tsug, or postal stages, of about 80 to 90 lebor each. This distance of nearly 10,000 lebor is required to be traversed in seventy-two days. Couriers are generally allowed a delay of five days, but when they exceed that they are punished. On occasions of very great importance and urgency the express rate to Peking is thirty-six days.[30] During the last affray between the junior Amban and the people of Shigatse the express took a month and a half to reach Peking.
As regards the administration of justice and the laws of Tibet, the following peculiarities may be noted: Both parties in a suit make written statements of their case, and these briefs are read in court.
The judge has the evidence, depositions, and his decision written down, three copies of the latter being given to the parties concerned. Then he states the law fee (tim tég) and. the engrossing fee (myug-rin), both of which vary with the importance of the case, and are borne by both parties to the suit.
The death punishment is only inflicted in certain cases of dacoity (chagpa), when those convicted are sewed in leather bags and thrown into a river.
Offences of a less heinous nature are dealt with by banishment to the borders, whipping, imprisonment, or fines.[31]
Nothing can be more horrible and loathsome than a Tibetan jail. There are some dungeons in an obscure village two days' journey up the river from Tashilhunpo, where life convicts are sent for confinement. The prisoner having been placed in a cell, the door is removed and the opening filled up with stone masonry, only one small aperture, about six inches in diameter, being left, through which the unhappy creature is supplied with his daily food. There are also a few small holes left open on the roof, through which the guards and the jailor empty every kind of filth into the cell. Some prisoners have lived for two years under this horrible treatment, while others, more fortunate, die in a few months.[32]
In cases of murder, there are four fines to be paid by the murderer: first, "blood-money" (tong jal); second, a sum for funeral ceremonies for the benefit of the slain; third, a fine to the State; and fourth, a peace offering to the family and friends of the murdered person. These fines vary from the weight of the body of the slain in gold, to five ounces of silver, or the equivalent in kind. Should these fines not be paid, the murderer is thrown into prison.
When the murderer is insane, or a minor, aged less than eight years, the relatives or friends are only required to pay the funeral expenses of the victim; the same rule applies if any one is killed by a horse, yak, or other animal, the owner paying the funeral expenses of the person killed.
When a husband kills his wife, or a master his servant, he is required to pay the usual fine to the State and the funeral expenses.
Thieves have to pay from a hundred to seven times the value of the goods stolen, according to the social standing of the person from whom they have stolen.
When the thief is a recidivist, his hands may be cut off if it is his fifth conviction, and he may be hamstrung if it is his seventh. For the ninth conviction his eyes can be put out.
If a thief is punished by the person from whom he is attempting to steal, the courts will not take cognizance of the case; but should the thief be killed, blood-money, to the amount of five ounces of silver, must be paid to his family.
Children aged less than thirteen are not punishable for theft, but their parents are remonstrated with. When a woman commits a theft, the fines and possible corporal punishment are borne in equal proportions by herself and her husband.
No corporal punishment can be inflicted on a pregnant woman, nor on those suffering from an illness, who have recently lost parents, or who are older than seventy.
He who harbours a thief is held to be a greater culprit than the thief himself. If a person witness a theft and do not give notice thereof, he is held equally guilty with the thief. Thefts by one member of a family on another member should be punished by the head of the family alone.
The theft of a lock, a key, or a watch-dog, is considered equivalent to robbing the objects they keep safe.
Rape on the person of a married woman of high degree is punishable by emasculation and fines. In case the woman belongs to the middle or lower classes, the culprit pays the husband a fine and gives the woman a suit of clothes.
If a man of low rank has intercourse with the unmarried daughter of a man of high standing, he must serve the father without wages for a term of years. If the offender is of high standing, he has only a fine to pay.
In all cases of assault and battery, fines, known as song jal, or "life money," are alone imposed, to which may be added the amount necessary for medical treatment for the wounded party. The amount of the fine is fixed by the size and depth of the wounds, the importance of the bone broken or the organ injured.
When judges or arbitrators are unable to reach a decision, they may permit the plaintiff to challenge the defendant to make a deposition on oath, or undergo an ordeal. In Khams and Amdo this practice is dying out, but it is still in vogue in Central Tibet. On account of the nature of these oaths and ordeals, the law exempts certain classes of men from taking them. Lamas, teachers, genyen (semi-priestly laymen), monks, and novices are not allowed to take oaths and pass through ordeals, nor are Tantriks (religious sorcerers) and other practitioners of mystic incantations, who are supposed to be able to counteract the fearful consequences of breaking an oath by means of their powerful spells. Destitute and famished people, to whom food and clothing are all in all, and men who will do anything they like, regardless of the consequences in a future existence, are not allowed to make a deposition on oath, nor are wives and mothers, who can easily be persuaded to swear in the interests of their husbands and children. Besides these, young boys, lunatics, and the dumb, who do not understand the difference between good and evil, happiness and misery, are equally exempt. All others, not included in the above list, who are honest, know the difference between good and evil, believe in the inevitable consequences of one's actions (karma), are held proper persons to take oaths and undergo ordeals.
The challenger is required to pay the defendant the " oath compensation," or "oath blood" (na-tra), which varies from a trifling amount to a very large sum, according to the nature of the case; but for one of considerable importance the usual compensation is fifty silver srang (125 rupees), and a yak; besides this "oath flesh" (na sha) is claimed.
The person challenged to take the oath first offers prayers to the all-knowing gods, the Buddhas and Bodhisattvas, to the gods of the land and to the goddesses called Srung-ma (protectresses), to the demi-gods of the land, and to the goblins and nymphs who live in the land, invoking them to bear witness to his solemn deposition. Then he speaks the following words: "What I depose is the truth, and nothing but the truth." He then seats himself naked on the skin of a cow or ox newly slain, smears himself with the blood of the animal, and places an image of Buddha, with some volumes of religious books, on his head. Next, after eating the raw heart of the ox, and drinking three mouthfuls of its steaming blood, he declares to the spectators, "There is certainly no guilt in me, and if there be any, may the guardians of the world and the gods make me cease to exist before the end of the current month." He then receives the oath compensation (na-tra) and the slain ox or "oath flesh" (na sha).
It is commonly believed among the Tibetans that, should one perjure himself, he either becomes insane, or dies vomiting blood, before the expiration of a hundred and seven days. When this does not befall him, other misfortunes happen, such as the loss of his wife or children, quarrels, feuds, or the loss or destruction of his property. Death is believed to be the most common consequence of perjury.
The undergoing of such an oath liberates the swearer from the penalty of death, and from paying fines in all cases of robbery and murder, as well as from civil liabilities, such as debts and disputes about land, even though it involves thousands of srang. On the other hand it is believed that if the challenger be guilty of false and malicious accusation, all the evils reserved for the perjured swearer will fall upon him.
In certain cases the guilt or innocence of parties is decided by the throwing of dice, the person being exculpated who gets the greatest number of points.
Important cases of murder, dacoity, and theft are also decided by ordeals, of which there are two kinds—picking out white and black pebbles from a bowl of boiling oil or muddy water, and handling a red-hot stone ball. In the presence of the prosecutor, the witnesses, the judge, or his representative, and many other spectators, the accused person invokes the gods and the demi-gods to bear witness to his statement, and declares that he tells the perfect truth. A copper or iron bowl filled with boiling oil or muddy water is then placed before him, in which two pebbles of the size of an egg, one white and the other black, each enveloped and tied up in a bag, are thrown. The swearer washes his hands first with water, and then with milk, and, having heard read a section of the Law written on a tablet with the blood of a cow slain for the occasion, plunges his hand in the boiling oil or water, and withdraws one of the pebbles. If he takes out the white one without scalding his hand, he is believed to be innocent; but if his hand is scalded, he is considered to be only partially innocent. If he brings out the black stone and gets his hand scalded besides, he is pronounced guilty.
The second form of ordeal is performed by heating a stone ball of the size of an ostrich's egg red hot, and then placing it in an iron vessel. The person taking the oath, having washed his hand in water and milk, seizes the ball and walks with it to a distance of seven, five, or three paces, according as his challenger is of the first, second, or third class of social rank. After this, his hand is enveloped in a white cotton bag, which, in the presence of the spectators, is tied up and sealed. At the end of the third, fifth, or seventh day, the bag is opened and the palm examined. If it is found unscalded, with only a pale yellowish line or stain upon it, the accused is declared innocent; if there appear a blister of the size of a pea, he is thought partly guilty; if three blisters of that size appear, he is considered half guilty; but if his hand be burned all over, he is held guilty of all the charges.
According to the laws of Tibet, the interest on money, grain, or any other commodity is twenty per cent., or one measure for five measures yearly. The courts in a few cases admit contracts at even a higher rate of interest; but those who claim more according to their contract deeds may be punished as usurers, though sometimes their claims are allowed. In urgent cases thirty-three per cent. have been known to have been agreed upon. All contracts are required to be made in writing, attested by witnesses, and duly signed and sealed. The interest must be paid at the end of the year. If the debtor abscond, the witnesses are called upon to make good the loss sustained by the lender; but if he die, or become insolvent, and the money be not realized, the witnesses are not held responsible. If, however, the money has been lent by the Government, by certain monasteries, or lamas, or by the paymaster of the army, the amount is realised from the relatives, witnesses, and neighbours of the debtor. At every military station, a certain amount of money is generally lent out by Government, on the interest of which the militia is paid by the quartermaster, who is one of the chief Government money-lenders. Usually when the person soliciting a loan is not known, or if doubts about his honesty are entertained, securities are required. Not so in Tibet, where the lenders have been known to use their power to collect debts from the heirs of debtors to the third generation. The more the debtor exceeds the fixed term for the payment of his debt the more urgent is the creditor in his demands. The court, when it sees that the creditor has extracted compound interest for many years from the debtor, can put a stop to the accumulation of further compound interest; but there is no fixed period mentioned in the law after which compound interest must cease to accumulate.[33]
In Tibet such articles as household utensils, implements of husbandry or war, drinking cups, borrowed articles, articles held in trust, landed estates of which the revenue is paid to the State, and images of gold, are never given in loan or mortgaged.
When a man has a single pony, one milch cow or jo, one plough, one span of bullocks or yaks, or one suit of clothing, nobody can ask for a loan of any of these articles without committing the offence of "impudence," for which he may be severely rebuked. Creditors, whether the Government or private persons, cannot seize upon any of these properties for debt. This is the Grand Charter of the Tibetans. Nor can any creditor by force seize the property of his debtor. If without the debtor's permission he removes one srang, he forfeits his entire claim on a loan of a hundred srang; if he remove two, on two hundred srang, and so on in the same proportion. Nobody, be he a public officer, landlord, master, or creditor, can, for any kind of pecuniary claim, exercise violence on the people. If, while being in possession of means to do so, a man of the people refuses to pay off his liabilities or debts, his creditors may employ mediators, or institute proceedings against him in a court of justice; but if, without resorting to these means, they beat him or use any kind of violence on him, they forfeit all claims upon him.
If after buying an article the purchaser wishes to return it on the same day, he must forfeit one-tenth of the price. If he return it on the following day he forfeits one-fifth; on the second, one-half; and if he keeps it beyond the third day it is not returnable. If a householder cheat a merchant lodger, he is required to pay compensation at the rate of five srang for every srang's worth stolen. If a trader deceive his customers by using false weights and measures, or by selling adulterated goods, imitation gems or jewels, or by circulating counterfeit coin, he must be immediately handed over to the police, and committed for trial. If the merchant convicted be a Tibetan subject, all his goods are confiscated, and he is sentenced to penal servitude for a certain number of years. If he be a subject of some foreign Government, such as China, Mongolia, Kashmir, or Nepal, such fine, as is prescribed by law, is exacted from him. His goods are seized, examined, taken stock of, and after being securely packed, are sent with the owner in charge of the police to his own Government, together with a document complaining of his conduct, and stating the amount of the fine exacted from him.
The jealousy of the Tibetans towards Europeans is supposed to date from 1791–92, when English soldiers were believed to have taken part in the war which followed the incursion of the Gorkhas into Tibet; and as the English Government, then in its infancy in India, took no steps to cultivate the friendship of the Tibetans, that feeling took a lasting hold on their minds. The shock which China, Nepal, Bhutan, and Sikkim have received from their reverses when at war with the British power, has also extended to the peace-loving Tibetans.
Throughout the nineteenth century the Tibetans have followed the Chinese policy of exclusiveness, not from fear of annexation, but because they had been shortly before nearly conquered, and were entirely under Chinese influence. This fear has been sedulously encouraged by an ex-minister of the Bajah of Sikkim, the Dewan Namgyal, who was expelled from that country for his treatment of Drs. Hooker and Campbell,[34] and subsequently obtained from the Grand Lama the post of frontier officer, to watch the "encroachments" of the Indian government. The attempts of Dr. Hooker, Mr. Edgar, and lastly of Sir Richard Temple, to enter Tibetan territory were described by him as instances of encroachment on the part of the Government of India, which he represented as devoting all its energies to the invasion of Tibet, and as having been foiled by his diplomatic skill and wisdom, aided by the zealous co-operation of the Djongpon of Khamba and Phari. On one occasion he even stated to the Lhasa officials, as a proof of his unshaken loyalty to the Grand Lama, that he had refused a pension of fifty rupees which had been offered to him by the Indian Government for supplying information respecting the state of affairs in Tibet! This functionary has, however, together with his coadjutor the Djongpon of Khamba, lately fallen into disgrace with the Grand Lama, and has also lost all influence at Tashilhunpo.
The exclusiveness of the Tibetan Government is to be chiefly attributed to the hostile and intriguing attitude of the frontier officials towards the British Government. Next to it is the fear of introducing small-pox and other dangerous diseases into Tibet, where the people, being ignorant of the proper treatment of this disease, die in great numbers from it. Death from small-pox is the most dreaded, since the victim is believed to be immediately sent to hell. Not the least important cause, however, is the fear of the extinction of Buddhism by the foreigners—a feeling which prevails in the minds of the dominant class, the clergy.
Besides jealousy of foreigners, there is another cause of great importance, being connected with the commercial interests of China. Peking is eight or ten months', and Silling (Hsi-ning) four months' journey from Lhasa, yet the Tibetans carry on a brisk trade with these and other noted cities of China in tea, silk, wooden furniture, and other commodities. The Government of Lhasa sends every year two or more caravans to purchase goods for the State from the commercial centres on the borders of China. An escort of 500 soldiers accompanies each caravan, for it is not unusual for mounted bands of robbers, from 200 to 300 strong, to attack the caravans. By the opening of the Darjiling railway, Calcutta, where most of the Chinese articles valued in Tibet may be easily and cheaply procured, will be brought within three weeks' journey of Lhasa.
The Tibetans thoroughly appreciate these facilities, and every Tibetan who has ever visited Darjiling warmly praises our Government for making the Jalep la road. The Chinese Government naturally fear that with the opening of free intercourse between Tibet and India, China will be a great loser so far as her commercial interests are concerned.