Caste and Race in India c10.89

c10.89

If a slave stole the property of a freeman he had to pay twice the amount as compensation, while if the theft was committed by a freeman he paid thrice. If it was the priest's property that was stolen ninefold compensation had to be paid.² If a man's servant killed a nobleman, whose wergeld was three hundred shillings, the owner had to surrender the servant and pay the price of three men; but if he killed a commoner, whose wergeld was only a hundred shillings, then the owner paid the price of only one man in addition to surrendering the homicide. If a priest killed a man—any freeman—he was ejected from the monastic order and his property confiscated.³ Fornication with a nobleman's serving maid was to be compensated for by double the sum of money that had to be paid in the case of the same offence being committed in respect of the serving maid of a commoner. If a man committed adultery with the wife of a servant, he had to pay compensation, while if he did the same with the wife of a freeman he had to procure a second wife in addition to compensation. If a betrothed woman of the commoner class was guilty of fornication, she was ordered to pay 60 shillings as compensation to the surety of the marriage; if she belonged to the higher class, this amount was to be greater in proportion to her wergeld. "If anyone rapes the slave of a commoner, he shall pay 5 shillings to the commoner, and a fine of 60 shillings. If a slave rapes a slave, castration shall be required as compensation." For illicit union a nobleman had to pay double the commoners' compensation.⁴ Breaking into the premises of a nobleman had to be atoned for by thrice or six times the fine that had to be paid for the same offence against a commoner. In the scale of compensation that a man had to pay for fighting in the house of another the same proportion had to be maintained between the two classes.⁵ A priest could clear himself of any charge by a simple declaration; a clerk had to place his hand on the altar accompanied by three men of his class, while a commoner was required to clear himself by the collective oath of himself and three of his own class.¹ "If a nobleman who holds land neglects military service, he shall pay 120 shillings and forfeit his land ; a nobleman who holds no land shall pay 60 shillings ; a commoner shall pay a fine of 30 shillings for neglecting military service."²