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 THE PARSIS; 
 
 OR, 
 
 MODERN ZEKDUSTHIANS. 
 
THE PARSIS; 
 
 OR. 
 
 MODERN ZERDUSTHIANS. 
 
 £ Skctcl}. 
 
 BY 
 
 HENRY GEORGE BRIGGS, 
 
 Author of " The Cities of Gujantshtrrf.' 
 
 EDINBURGH : 
 OLIVER & BOYD, TWEEDDALE COURT. 
 
 LONDON: SIMPKIN, MARSHALL, & CO. 
 BOMBAY : ANDREW DUNLOP. 
 
 MDCCCLTI. 
 
Printed by Oliver & Boyd, 
 Tweeddale Court, High Street, Edinburgh. 
 
DEDICATED TO 
 
 ARTHUR ST JOHN RICHARDSON, ESQ., 
 
 (OF THE BOMBAY CIVIL SERVICE,) 
 
 ORIENTAL TRANSLATOR TO THE GOVERNMENT OF BOMBAY, 
 
 ]\ T TOKEN OF 
 
 RESPECT AND GRATITUDE. 
 
PREFACE. 
 
 Adopting a popular custom, this Preface 
 has been written. 
 
 Centuries ago, the knight who girt on 
 his paaoply of steel had to assign a reason 
 for so doing ; such, it appears, must also 
 be the case for assuming the steel-pen of 
 modern authorship. 
 
 I had been asked to furnish some infor- 
 mation in a collated form regarding the 
 Parsis, as all that could be obtained was 
 mixed up with theological discussion in Dr 
 Wilson's valuable works. In endeavouring 
 to meet the wishes of the party, I found 
 
viii PREFACE. 
 
 my manuscripts swell so alarmingly that I 
 determined upon having recourse to the 
 Press. This purpose is now accomplished. 
 
 I have had a delicate and trying duty 
 before me, with the mass of materials and 
 the variety of sources of information at my 
 control. Not one line of this publication 
 has been penned, however, with any un- 
 kind feeling ; and I would indeed be pained 
 to know that I had unconsciously given 
 offence. 
 
 As pertinent to the subject I might have 
 dedicated this volume to one of the Parsi 
 community, — to the venerable Sir Jem- 
 shedji Jijibhai, — or to the worthy Shet 
 Kauvasji Jehangir, (and " none worthier 
 than he,") — or to the highly respected Shet 
 Framji Nasarvanji, — but that I had deter- 
 mined not to lose the opportunity to notice 
 
PREFACE. ix 
 
 a name that to me must ever be associated 
 with obligations. 
 
 I have endeavoured to be both easy and 
 agreeable in the style; and have avoided 
 references in detail to works, few of which 
 may be found here, and many of which are 
 not even known by name to the generality 
 of readers. 
 
CONTENTS. 
 
 SECTION I. 
 
 Nature of Information already before the European Public 
 — Object of present Publication — Battle of Nahavand, 
 and Defeat of the Natives of Iran — Their Wanderings, 
 and Landing in India — Early European Travellers who 
 have said anything of them — Their present Numbers, 
 and how dispersed, ..... Page 1 
 
 SECTION II. 
 
 Personal Appearance — Disposition — Costume — Education 
 and Employment of Men and Women — Publications — 
 Mode of Living — Occupations — Diseases — Morals and 
 Crime, ........ 13 
 
 SECTION III. 
 
 Religion. — The Magi who followed the Star of Bethlehem 
 — Singular Inconsistencies in the Observance of certain 
 Forms — Liturgical Works — Temples — Priesthood — Nam- 
 ing of Infants, &c. — Ceremony upon Marriage and at 
 Death — Division among the Parsis — Days of the Month, 
 Szc. — Holidays, ...... 30 
 
xn CONTENTS. 
 
 SECTION IV. 
 The Panchayat, ...... Page 58 
 
 SECTION V. 
 
 Aptitude for Business and enterprising Spirit. — Partiality 
 to Europeans. — Visiters to Europe. — Bankers to Native 
 Chieftains, and of those engaged in a political Capacity, 82 
 
 Proper Names of Parsi Men and Women, . . 103 
 
 APPENDIX. 
 
 A. — Gujarati Publications, . . . . . 107 
 
 B. — Memorial from the Principal Parsis to the Governor 
 
 General and Legislative Council of India, dated 20th 
 
 November 1835, 108 
 
 Letter to the Governor of Bombay, dated 23d March 
 1836, 113 
 
 Letter from the Secretary to the Government of Bom- 
 bay, Judicial Department, No. 348, dated 28th Feb- 
 ruary 1837, 114 
 
 Letter from the Secretary to the Government of India, 
 Legislative Department, to the Acting Secretary to 
 the Government of Bombay, No. 8, dated 30th Jan- 
 uary 1837, with copy of Resolution, and Draft of 
 proposed Act, . . . . . 115 
 
 Letter to the Secretary to the Government of Bombay, 
 dated 6th April 1837, . . . . 119 
 
 Act IX. of 1837, 119 
 
CONTENTS. xni 
 
 Letter from Sir J. W. Awdry to Shet Bohmanji Hor- 
 mazji, . . . « . . - Page 121 
 
 Letter to the Government of Bombay, dated 21st Nov- 
 ember 1838, 126 
 
 Letter to the Governor General and the Legislative 
 Council of India, dated 21st November 1838, 127 
 
 Queries by Harry Borradaile, Esq., of the Bombay Civil 
 Service, and replies thereto by the principal Parsis 
 of Bombay, on the Bights of Inheritance prevalent 
 among their community, . . . . 132 
 
 C. — From Lord Fitzgerald and Vesey, President of the 
 Board of Control, to Sir W. Macnaghten, Bart., 
 Governor of Bombay, .... 145 
 
KEY TO THE BEADING OF NATIVE NAMES. 
 
 a as in donatist. 
 d — part, 
 e — rest, 
 i — filial. 
 u — rueful. 
 
THE PARSIS; 
 
 OE, 
 
 MODERN ZERDUSTHIANS. 
 
 SECTION I. 
 
 Nature of Information already before the European Public 
 — Object of present Publication — Battle of Nahavand, 
 and Defeat of the Natives of Iran — Their Wanderings, 
 and Landing in India — Early European Travellers who 
 have said anything of them — Their present Numbers, 
 and how dispersed. 
 
 The spiritual philosophy of the early occu- 
 pants of Iran, and the peculiar character- 
 istics of that philosophy and of its founder, 
 have not unsuccessfully engaged the at- 
 tention of the learned. The dynasties 
 that succeeded the glorious enterprise of 
 
 A 
 
THE PARSIS, 
 
 Kaiomarz, — their laws, their institutions, 
 and the economy of their rule, — their man- 
 ners, their pastimes, and their domestic 
 arrangements, — the strength of their army, 
 their instruments of offence and defence, their 
 mode of warfare, and their various achieve- 
 ments, — have been already so clearly and 
 so ably described as to defeat repetition, 
 unless it partake of plagiarism. The labours 
 of Schlegel, Anquetil clu Perron, the Abbe 
 Foucher, Rask, Stuhr, Bopp, Purgstall, 
 Westergaard, Burnouf, and other eminent 
 men on the continent of Europe, and, 
 among our own countrymen, Hyde, Dean 
 Prideaux, Gibbon, and Sir William Jones, 
 Forbes, Erskine, and Eomer, all three of the 
 Bombay Civil Service ; Dr Drummond, 
 the author of the first work on the Gujarati 
 dialect; Major Price, General Vans Ken- 
 nedy, and Dr Wilson, have done much to 
 clear many hitherto dubious points. Both 
 Sir John Malcolm and Sir Gore Ouselev, 
 in their political embassies, endeavoured to 
 obtain much valuable information, and 
 
OR MODERN ZERDUSTHIANS. 6 
 
 have elucidated several interesting data in 
 their respective works on Persia. Not a 
 little, too, has been done by Mr Bailie 
 Fraser, and other travellers in Persia, and 
 the publications of those who have visited 
 the banks of the Tigris and the Euphrates, 
 and have seen the ruins of the city of the 
 Khalifs, have all contributed important facts, 
 even when considered bv them of a trivial 
 character, so long as they were incidental. 
 A humbler task offers itself to the writer. 
 
 Observations have been occasionally 
 hazarded regarding individual members of 
 the community of Zerdusht, or regarding 
 such of their peculiar traits as were signifi- 
 cant to tourists — instance, Colonel Fitz- 
 clarence,* Captain Basil Hall, Miss Emma 
 Roberts, Mrs Postans, and a number of 
 contributors to the public press ; but the 
 desultory nature of these observations has 
 prevented that notice being paid to the 
 community, as a distinct community, that it 
 
 * Afterwards Earl of Minister. 
 
4 THE PARSIS, 
 
 deserved. The present sketch of the Parsis 
 of our day, and of the generation previous, 
 from information derived from members of 
 the tribe both in Gujarat and in Bombay, 
 will, it is hoped, serve to fill this gap. 
 
 For those who have not given the early 
 history of the Parsis even the most passing 
 attention, the writer will briefly run over a 
 few facts which id ay prove interesting, as 
 well as of service, in the perusal of the matter 
 to follow. With the dawn of the seventh 
 century the Arabs commenced their inroads 
 into Persia, and in the reign of Yezdijird, 
 the last of the Sassanian dvnastv, circum- 
 stances favoured the accomplishment of their 
 intentions. At the battle of Kadseah, the 
 a. d. 638. Persian army, under Eustam 
 a. ii. 17. Ferokhzad, was almost wholly 
 decimated, with the loss of the apron of 
 Kawa, the celebrated Daraphsh-e-Kawani, 
 the Imperial Standard which victories, re- 
 nown, and confidence, had enlarged and 
 decorated with costly gems. Nearly three 
 years afterwards, upon the recall of Saad 
 
OR MODERN ZERDUSTHIANS. 5 
 
 ben Wakas, the General of the forces of the 
 Khahfet, Yezdijfrd collected an army of 
 150,000 men, and, under Phirauzin, an 
 officer of tried valour, hazarded the fortunes 
 of his house and his people. Impelled by 
 the religious fanaticism of their race, the 
 Arabian army was largely recruited, and the 
 combatants seemed equally intent to venture 
 upon some decisive purpose. The army of 
 the Arabs was commanded by Noman ben 
 Makran Mazanni, and under the orders of 
 the Khalif Omar. The conflicting hosts 
 met at the site of the Persian encampment. 
 An obscure hamlet, called Nahavand, 
 situated forty-five miles to the south of 
 Hamadan, the ancient Ecbatana, and the 
 site of a cenotaph to the memory of that 
 Artaxerxes, the Ahasuerus of Biblical writ, 
 and his beautiful wife the Hebrew Esther, 
 became at once the scene of the last glorious 
 purposes and the annihilation of that mo- 
 narchy consolidated by Khai Khasru, the 
 Cyrus of the Greeks, whose dying words 
 have been so elegantly Anglicised in rhyme 
 
6 THE PARSIS, 
 
 by our Denham. For two months the re- 
 spective forces kept aloof, except in partial 
 sallies, or indifferent skirmishes ; for two 
 months they lay before each other, without 
 effecting any important purpose, when the 
 impatient spirit of Noman drew up his forces 
 in battle array, sounded the pious war-cry of 
 " Alia Akbar ! " and charged the Persian 
 host with irresistible fury. The conse- 
 quences were too fatal. The carnage of 
 Nahavand passed the empire, from the fol- 
 lowers of Zerdusht to those of Muhammad. 
 The wretched Yezdijhtl led a precarious 
 life, chiefly spent in wanderings, for the 
 next ten years, when he was murdered by a 
 
 a. p. 641. miller eight miles from Merv. 
 
 a. h. 21. Ui s General, Phirauzin, was 
 killed by a body of horsemen from the field 
 of Nahavand, who pursued the warrior into 
 the hills where he had taken flight, Such 
 as would not embrace the faith of the con- 
 querors either fled to the wild fastnesses of 
 the Khurasan mountains, or betook them- 
 selves to the still more desolate plains of their 
 
OR MODERN ZERDUSTHIANS. i 
 
 father-land. About half a century after- 
 wards a considerable number sought safety in 
 flight from the persecutions of the new lords 
 of their country. With this purpose they 
 proceeded first to the island of Hormazd, or 
 Ormus, in the Persian Gulf; after a stay of 
 fifteen years they made way to Diva or Diu, 
 at the South-eastern extremity of the Ka- 
 tiwad peninsula. Here the fugitives are 
 said to have remained some nineteen years, 
 and from thence to have gone on to Sanjan, 
 in Gujarat, where they debarked about a.d. 
 717. At Sanjan they settled for three hun- 
 dred years, and from there spread troops of 
 enterprising young men in the populous 
 cities adjacent. History is then silent of 
 their proceedings, until the beginning of the 
 sixteenth century, when they afforded their 
 support to the Hindu monarch of the 
 territory in which they dwelt against the 
 aggressions of Sultan Mahmud Begada. 
 The occasion rendered them careful of their 
 sacred fire, which was conveyed into the 
 Wasanda jungles, and upon the retreat of 
 
8 THE PARSIS, 
 
 the Muslim sovereign of Ahmedabad, this 
 venerated property was removed to Nausari, 
 at the expense of two opulent members of 
 the tribe. 
 
 With the presence of Europeans in the 
 country the peculiarities of the Parsis 
 gained them no ordinary notice, and the 
 vestige of a people almost lost to the world 
 won the credulity and exercised the ingenuity 
 of every marvel-seeking gossip in Chris- 
 tendom, and lent the traveller greater im- 
 portance than the assertions of his narrative. 
 Osorio, Faria e Souza, Pietro de la Valle, 
 Olearius, in his edition of the posthumous 
 papers of Mandleslo, — Sir Thomas Herbert, 
 Sir John Chardin, Thevenot, Kcempfer, — 
 all make mention of them. Hamilton, the 
 mariner, tells an excellent story of a Parsi, 
 who took him over the scene of a contest 
 between the Portuguese and our country- 
 men, and who showed the skulls of those that 
 fell on the occasion. Sir Nicholas Waite, 
 one of the early Governors of Bombay, had 
 a Parsi as his broker, who appears to have 
 
OR MODERN ZERDUSTHIANS. 9 
 
 been the quintessence of mischief. Ives 
 furnishes a sketch of a Dohna, or Tower of 
 Silence. Henry Lord, the first Chaplain to 
 the Surat Factory, published an account of 
 the Parsis and their faith in 1630. The 
 Rev. Mr Ovington, another Chaplain in the 
 East India Company's service, also said a 
 good deal about the Parsis some fifty years 
 subsequently. Dr Fryer, Carsten Niebuhr 
 — the great Arabian traveller, Careri — an 
 Italian Doctor of Civil Law, and many 
 others whose names are not so familiar to 
 the world of literature, also contributed their 
 quota of information. Independent of his- 
 torians, antiquaries, and travellers, transla- 
 tors of the works of the Parsis, like East- 
 wick, Atkinson, and several who have 
 versified their chronicles, the poets of 
 Europe, too, have drawn upon them for ima- 
 gery and delightful illustration, particularly 
 the idea of the adoration of Sol. Moore 
 has afforded the Fire Worshipper a conspic- 
 uous position in his " Lalla Rookh," and in 
 that gorgeous tale of chivalry, " Ivanhoe," 
 
10 THE PARSIS 
 
 Sir Walter Scott bestows a hymn to 
 Ahriman. 
 
 Of the present numerical strength of the 
 Parsis, there are about 5000 at Yazd and 
 Kirman, in Persia, according to M. Wes- 
 tergaard, of Copenhagen, who visited their 
 settlements in 1843 under a scientific mis- 
 sion from his monarch, the King of Den- 
 mark. From the Census of the island of 
 Bombay on the 1st May 1849, the follow- 
 ing returns are given : — 
 
 Males. Females. 
 
 Under 14 years of age . . 13,496 13,437 
 From 14 to 50 years . . 39,192 32,325 
 From 50 to 80 years . . 8,279 7,969 
 
 60,967 53,731 
 Or in all 114,698 souls: an average pro- 
 portion of females to males as 88 to 100, 
 or a relative proportion of females to males 
 under 14 years, as 99 to 100; under 51 years, 
 82 to 100 ; under 81, 90 to 100 ; or, in their 
 comparative ratio to the maximum or aggre- 
 gate, of youth 23*4 per cent., adults 62*3, 
 and the aged 14*1. The community at 
 
OR MODERN ZERDUSTHIANS. 1 1 
 
 Surat muster strong, though not in such 
 numbers as half a century ago : to include 
 all those in the various towns of Gujarat, as 
 Broach, Barocla, Khambaiyat, Ahmedabad, 
 and Daman, and at their religious strong- 
 holds, as Nausari, Gandevi, Udiwada, and 
 Balsar, with the few families scattered about 
 the Northern Konkan, there are about 20,000 
 adults. Of all the tribes now indigenous to 
 the soil of British Hindusthan, the Parsi 
 must command our warmest and most 
 lively sympathy. He has proved the best 
 suttler to our forces through Sindh, Belu- 
 chisthan, the country of the Afghans, the 
 Cis-Sutlej, and the newly-absorbed empire 
 of Labor. He is generally the mess-agent 
 at the different military stations of the Bom- 
 bay Army, and is also to be seen in parti- 
 cular localities of the Bengal and Madras 
 Presidencies. Impelled by the same spirit 
 of commercial adventure, he is to be met in 
 the several British Consular Ports of China, 
 but principally at Canton ; in some numbers 
 also at Macao and Hong-Kong, at Singapore, 
 
12 THE PARSIS, 
 
 Penang, Batavia, Rhio, Ceylon, and Aden. 
 Stray individuals have also settled in New 
 South Wales, Mauritius, and the Cape of 
 Good Hope; a few are at Madras and on 
 the Malabar Coast, and the number of those 
 at Calcutta has largely increased of late 
 years. 
 
OR MODERN ZERDUSTHIANS. 13 
 
 SECTION II. 
 
 Personal Appearance — Disposition — Costume — Education 
 and Employment of Men and Women — Publications — 
 Mode of Living — Occupations — Diseases — Morals and 
 Crime. 
 
 The physiognomy of the Parsi partakes 
 of the general type of features peculiar to 
 the western peninsula of Asia, as seen in 
 the Arab, the Persian, the Armenian, and 
 in those tribes and diversities of people 
 dwelling in the plains or highlands to the 
 east of the Mediterranean Sea. If one 
 class more than another approximate to 
 positive resemblance it is the Armenian, — 
 there is the same bold formation of counte- 
 nance, the fine aquiline nose with the well- 
 developed nostrils, large black eyes, a well- 
 turned chin, the unusual length of ears, the 
 sensual character of the lips, and the heavy 
 eyebrows. Parsis are taller, larger, and 
 heavier in physical formation, and more 
 
14 THE PARSIS, 
 
 athletic than the indigenous natives of 
 Hindusthan. Their women, when young, 
 are really handsome; but after the age of 
 sixteen they become gross in appearance, 
 and a few years make them corpulent and 
 waddling in their gait. The women bind a 
 luxuriant head of hair with a handkerchief, 
 denominated the peivan ; the men shave the 
 head like all Orientals, but wear a mous- 
 tache universally, whereas but a few adopt 
 whiskers, and the Mitbeds, or priesthood, 
 only cultivate beards, and permit the hair 
 of the head to be unshaven. Many of the 
 Parsis are as fair in complexion as 
 Europeans, without any of that ruddy tint 
 peculiar to the children of the north ; the 
 preponderating hue is that sallow which 
 long residents in Hindusthan, even Euro- 
 peans, eventually wear. That the emigra- 
 tes from Iran possessed a fine colour not a 
 doubt can be held — instance the descendants 
 of Arabian Jews, who have resided for cen- 
 turies in India. Upon the same principle it 
 may fairly be contended that the numberless 
 
OR MODERN ZERDTJSTHIANS. 15 
 
 dark or olive-hued Parsis arise from early 
 intermarriages or concubinal intercourse 
 with the natives of this country. 
 
 In disposition the Parsi is inclined to be 
 sprightly — nay, even jocose ; he is benevo- 
 lent; affords encouragement to mendicity 
 from the same charitable impulse rather than 
 to purchase any merit ; fond of entertaining 
 his friends, however indigent in means, or 
 humble in position ; a gourmand in point of 
 living, and an undoubted boyi vivant; alive 
 to every amusement, and keenly sensitive to 
 the promotion of every sensual enjoyment. 
 
 The costume of the Parsi is also peculiar 
 to himself. The kusti, or sacred cord, which 
 passes round his body, is enjoined by his 
 creed, and his sadrd, or shirt, is also a 
 matter arranged by spiritual dictum. The 
 other portions of his dress are most certainly 
 of Gujarati origin. His angrakhd is a long 
 cotton coat, extending to the knees, closely 
 tied in a bow at the throat and at the waist ; 
 the arms of the coat are, however, almost 
 twice in length those of his natural posses- 
 
16 THE P ARSIS, 
 
 sion, simply to permit their being closely 
 and prettily drawn in puckers. The pyjd- 
 md (loose drawers, supported at the waist by 
 a cord drawn through an open hem) is of 
 silk, with those who can afford to purchase 
 such material, and of cotton with the poorer 
 classes. The pagri, or turban, generally of 
 a dark chocolate or maroon colour, sprinkled 
 with sprigs, or other like small fanciful 
 design, is composed of several yards of 
 cloth arranged upon a mould, in consequence 
 called gdbho. It is always worn abroad, and 
 even within doors, except at meals, when 
 the skull-cap, used under the turban, is 
 allowed to remain on the head. It would 
 be disrespectful to uncover the head in the 
 presence of a superior, or even a friend ; but 
 this prejudice appears to be wearing away. 
 The Chinese have contrived to form a lighter 
 weight for the head, by starching single folds 
 of the outer materials, with a kid-leather 
 lining within, something after the fashion of 
 the European hat. 
 
 Before children are invested with the 
 
OK MODERN ZERDUSTHIANS. 17 
 
 sacred shirt and cord, their general holiday 
 attire is a silk or satin dress, composed of a 
 single piece, extending from the neck to the 
 ankles, with a slit at the throat to permit of 
 its being thrown with facility over the head. 
 Wherever the means occur, these little 
 dresses are handsomely embroidered with the 
 floss of silk, and not imfrequently with bul- 
 lion. The head-dress is a sort of hussar cap, 
 embroidered with either gold or silver lace, 
 in a manner peculiar to the country, fanciful, 
 and not inelegant. So great is this passion 
 for the decoration of their offspring, that 
 even gold ornaments of great value are often 
 arranged about their persons, in the form of 
 necklets, bracelets, anklets, noselets with 
 some valuable gem, and ear-rings also pro- 
 vided with pearls, emeralds, or other precious 
 gems. Very frequently Parsi lads, until of 
 the age of sixteen, wear rings either in one 
 or both of their ears. Though Parsis take 
 particular pride in extravagantly adorning 
 their children, the most fastidious European 
 eve would not take offence at their costume, 
 
 B 
 
18 THE PARSIS, 
 
 unless it be an apprehension of dread for the 
 cupidity which would desire the costly 
 ornaments that are shown to such advantage. 
 The poorest Pars! woman never ventures 
 out of her house without a silk sadi, the outer 
 dress of the sex, composed of several yards, 
 first received in folds about the waist, and 
 then thrown over the head, so that the outer 
 end of the sadi falls upon the right arm. 
 Precisely like the men, the women wear 
 the kusti, saclra, and drawers : without the 
 two former thev would not be Zerdusthians. 
 Parsi ladies are intrusted wholly with 
 the economy of the household, in which 
 the men are not allowed to interfere. They 
 are said to be thrifty, precise, and provi- 
 dent. They contrive to be perfectly con- 
 versant with the affairs of their relatives, so 
 as to provide for themselves in times of 
 danger and difficulty. Women of the tribe 
 residing at Surat are dexterous in embroi- 
 dery, particularly in floral designs in floss 
 to the hems of the sadi of their country- 
 women, and those of the pyjama. Of late 
 
OK MODERN ZERDUSTHIANS. 19 
 
 the Parsi ladies of Bombay have betaken 
 themselves to wool-work, and a variety of 
 European amusements and tastes, to fill up 
 their leisure hours. The principal advance 
 in civilisation is with the males, who are 
 constantly abroad. Their women, certainly, 
 are not now so confined to the house as was 
 the custom formerly : they are even permit- 
 ted to go abroad in open carriages, which 
 was quite unusual so late as fifteen years ago. 
 English hosiery has been in use among the 
 better classes of both sexes for some years, 
 and the men have a weakness in displaying 
 fine English shoes, according to the season 
 of the year. These innovations have been 
 gradual, but are sensibly apparent. 
 
 With respect to the education of their 
 females, it ought to be more generally known 
 that most of them can bothread and write the 
 Gujarati. The Students' Literary Society, 
 to its credit, has of late seen to the establish- 
 ment of schools and competent teachers for 
 the better instruction of the sex. A few 
 families among the wealthy have permitted 
 
20 THE PARSIS, 
 
 their daughters to acquire a knowledge of 
 English, and of those accomplishments 
 cultivated by Europeans. Foremost to 
 destroy the prejudice which had prevailed 
 against so highly benevolent a purpose, was 
 the late lamented Shet Framji Kauvasji, in 
 the education of his daughter, Phirozbai, 
 stated many years ago in evidence given 
 by the late Captain Cogan, of the Indian 
 Navy, before a Parliamentary Committee. 
 Then the Parsi Knight and Shet Manakji 
 Karshedji, names familiar to the public of 
 Western India, and others not so well 
 known who have done as much. Several 
 Parsi ladies are said to manage the houses 
 of agency conducted in the names of their 
 husbands, and several widows whollv con- 
 trol the mercantile establishments bequeath- 
 ed to them. The women of the Parsis are 
 loquacious beyond belief, and their vocabu- 
 lary of terms and compliments is, most as- 
 suredly, not the most choice. The men, 
 with all their intercourse among Europeans, 
 painful to add, are not much better. It is 
 
OR MODERN ZERDUSTHIANS. 21 
 
 to be hoped that another generation will 
 evince some taste on this score. 
 
 However narrow the pecuniary means of 
 a Parsi, he will contrive to obtain for his 
 sons a knowledge of the rudiments of Guja- 
 rat!, and, if he can endeavour it, education 
 in English follows. For this purpose the 
 Elphinstone Institution is a noble founda- 
 tion, and the Panchayat Charitable School 
 a valuable auxiliary. The Gujarat! in use 
 among the Parsis has been sadly corrupted 
 by a copious employment of Persian phrase- 
 ology, and as liberal an adoption of English 
 words. The spirit of improvement leads the 
 better educated youth to make English the 
 chief medium of communication. Many of 
 the Parsis speak and write English with 
 a facility scarcely credible for foreigners. 
 Ardeshir Behramji, the first Par si inter- 
 preter in the Supreme Court of Bombay, 
 published, in 1824, a Gujarat! grammar, to 
 facilitate the progress of English students in 
 acquiring that tongue. Sohorabshah Dosa- 
 bhai has published idiomatical exercises in 
 
22 THE P ARSIS, 
 
 Gujarati and English. Hirjibhai and Meher- 
 wanji, of the Lauji family, who visited Eng- 
 land, have furnished the public with a volume 
 in English as to their impressions of Eng- 
 land and its people. Naurosji Firdunji, one 
 of the present Interpreters in the Queen's 
 Court in Bombay, conducted for a length of 
 time a scientific magazine in Gujarati, called 
 the Vidhiya Sdugar. Some of the Parsis are 
 intimately conversant with Persian. Soho- 
 rabji, the youngest son of Sir Jemshedji 
 Jijibhai, lately issued a translation of a 
 Persian work into the Gujarati dialect. A 
 rising young merchant of Bombay, Shet 
 Dhanjibhai Framji, has devoted upwards of 
 eight years to the compilation of a work on 
 the Zend and Pehlevi dialects, which he 
 is about to publish. Munshi Dosabhai 
 Sohorabji has published idiom atieal exer- 
 cises in the Persian, Hindu sthani, and Gu- 
 jarati languages, with corresponding lessons 
 in English. Both he and his sons have 
 their time fully engaged with students who 
 desire to acquire the first three languages. 
 
OR MODERN ZERDUSTHIANS. 23 
 
 Of late years there have been several Parsis 
 as probationer apprentices in the govern- 
 ment hospitals, and some have been pro- 
 moted as dressers in the service. The estab- 
 lishment of the Grant Medical College 
 has led some respectable young men to 
 graduate there, and who now have a fair 
 practice among their countrymen. Half a 
 dozen newspapers,* published in the Gujarati 
 dialect, are circulated among the Pars! 
 community. Their alleged purpose is the 
 publicity of useful information, and to pro- 
 mote a desire for intellectual and sound 
 practical knowledge; but, it must be remark- 
 ed, that their standard of taste is low, that 
 they indulge in rancorous language, and 
 are given to personalities — in one instance 
 said to be carried on for years as a profit- 
 able speculation. 
 
 Parsis are notoriously given to good living. 
 The best of flesh, fish, and fowl are whipped 
 from a bazaar for their consumption : pork 
 
 * Appendix A. 
 
24 THE P ARSIS, 
 
 and beef are their aversion, but mutton hams 
 are imported by some of the gentry for their 
 use. Every description of European wine 
 is drunk. In the making up of their vict- 
 uals the Parsfs are rather gross, as they 
 use large quantities of clarified butter, com- 
 monly known as ghi. Confectionery of 
 every variety is largely partaken of, and 
 bread after the English fashion is eaten by 
 almost every member of the tribe. The 
 Parsi commences the day by eating a light 
 breakfast, often no more than a slice or two 
 of bread, and of several cups of tea, which 
 he drinks off with a handkerchief applied to 
 the piece of pottery. His dinner is between 
 twelve and two o'clock during the day, and 
 is served in polished plates of brass ; large 
 quantities of rice are then consumed with 
 curry, along with a variety of pungent in- 
 gredients, ground into what is called ehitni, 
 stews, &c. By tradesfolk, and the better 
 classes of the community, a cup or more of 
 tea is partaken of either at four or five 
 o'clock in the afternoon. The evening meal 
 
OR MODERN ZERDUSTHIANS. 25 
 
 occurs between eight and ten o'clock, when 
 licence is given not only to beverages of 
 variety and strength, but to the use of libi- 
 dinous speech. The tat is the great parting- 
 dose of the night, not unlike the English 
 stirrup-cup of yore, and the more recent 
 Scottish form of " auld-lang-syne." 
 
 The bent of the Parsi mind is purely com- 
 mercial. Many of their number have thus 
 acquired wealth, position, and renown from 
 the most obscure employment. The writer 
 has been enabled to trace more than one 
 who has commenced life as a cuisinier, or 
 the butler of a household. Many years ago, 
 it is said, there was a Parsi, who was so 
 thoroughly conversant with navigation as 
 to take the command of a vessel that plied 
 between Penang and Siam. Now there are 
 no soldiers, no sailors, porters, cobblers, tai- 
 lors, smiths, tinkers, bricklayers, nor tilers; 
 the occupations which principally engross 
 notice are as merchants, bankers, ship- 
 wrights, upholsterers, brokers, ship-chand- 
 lers, money-changers, tavern-keepers, school- 
 
26 THE P ARSIS, 
 
 masters, bakers, and confectioners ; shop- 
 keepers, army contractors, clerks or English 
 copyists, butlers in English families, coach- 
 makers, coachies, auctioneers, banddris or 
 drawers of the Iddi, turban-makers, watch- 
 makers or rather repairers of watches, 
 printers, weavers, agriculturists, cooks, apo- 
 thecaries, vendors of millinery, and a few are 
 attached to the Survey Department under 
 Government. 
 
 Independent of those diseases of a clima- 
 tarchic character, the liver complaint, dropsy, 
 scrofula, and elephantiasis, Parsis, from their 
 peculiar gross maimer of living, are subject 
 to sloughy ulcerous sores, which defeat the 
 skill of the medical faculty, and their coarse 
 skin renders surgical operation difficult and 
 trying. Cutaneous complaints are not un- 
 common among them, and rare instances 
 offer of albinos. 
 
 The morals of the very best of the Parsis 
 are not of the highest possible standard. 
 This arises from education, and their own 
 peculiar habits and manners, and which 
 
OR MODERN ZERDUSTHIANS. 27 
 
 only time and discipline can correct. 
 Those of their number who have mixed 
 among Europeans endeavour to be careful 
 in pledging their word in transactions of 
 any kind ; otherwise they have studied the 
 address and the courtesy of the European, 
 without acquiring that fine sense of honour, 
 and that genuine philanthropy, which mark 
 the gentleman from the far west. A mere 
 promise goes for the promise, without any 
 knowledge of the moral obligation which 
 accompanies ; hence, much of the contumely 
 that is thrown upon the Parsi community is 
 undeserved, simply for a want of knowing- 
 better. 
 
 It has also been urged that the Parsi is 
 libidinously disposed : this has been urged 
 generally, and to which, of course, excep- 
 tions will and must offer. He is also given to 
 gambling, and to many of those vices peculiar 
 even to the most civilized of the human race. 
 Comparatively, the records of Her Majesty's 
 Supreme Court of Judicature can cite fewer 
 instances of crimes against members of the 
 
28 THE PARSIS, 
 
 Zerdusthfan creed than any other class of the 
 population of Bombay. In fact, as a body, 
 the Parsis are not only peaceably disposed, 
 but favourably disposed to the British Go- 
 vernment, and to regard the laws of that Go- 
 vernment. Several Parsis have been trans- 
 ported to Singapore for different periods of 
 time, for felonies of various kinds. Nearly 
 half a century ago it is stated the first Parsi 
 was hanged under the English law. Not 
 many years ago a most ferocious murder was 
 committed in broad daylight by a Parsi 
 upon a fellow-countryman. In the noted 
 Coal-conspiracy case, Karshedji Meherwanji 
 Patel was imprisoned for two years, and 
 mulcted, in addition, in the sum of twenty 
 thousand rupees. Vagabonds will be found 
 among eveiy community, and the Parsis 
 rather offer an example of the small 
 amount of crime that may be committed 
 among the ethnic subjects of any Crown. 
 Parsis are not only averse to committing 
 suicide, but, until lately, entertained a preju- 
 dice against post-mortem examinations, which 
 
OE MODERN ZERDUSTHIANS. 29 
 
 the law most properly overruled. Yet, not 
 long ago, a Gujarati newspaper broadly 
 asserted that perjury was common to the 
 Parsis, and that formerly they were in the 
 habit of making away with women by 
 poison, and by other subtle agencies. 
 
30 THE PARSIS, 
 
 SECTION III. 
 
 Religion. — The Magi who followed the Star of Bethlehem 
 — Singular Inconsistencies in the Observance of certain 
 Forms — Liturgical Works — Temples — Priesthood — Nam- 
 ing of Infants, &c. — Ceremony upon Marriage and at 
 Death — Division among the P arsis — Days of the Month, 
 &c. — Holidays. 
 
 The speculative genius of the age may 
 decide whether the Jannes and Jambres 
 of Biblical writ are to be confounded with 
 the authors of that form of Bhudism now 
 prevalent in Western India as Jainaism, or 
 are to be recognised as of the same class 
 as the Magi who worshipped the starry host 
 of heaven, and, by this Sabian mode of faith, 
 pursued that star of the east which rose with 
 the birth of Jesus Christ, and induced them 
 to offer myrrh and frankincense at his 
 cradle, — the homage only due to royalty and 
 divinity, — ample recognition of Him who 
 came as a Prince and a Redeemer to the 
 
OR MODERN ZERDUSTHIANS. 31 
 
 fallen sons of men. That these Magi were 
 Persians, of that nation who are said to be 
 the progenitors of the modern Parsis, not a 
 doubt is now entertained by those capable 
 of expressing an opinion on the subject. 
 
 Whatever the wisdom or morality con- 
 tained in the sacred writing of the Parsis, 
 disguised in the obsolete characters of the 
 Zend and Pehlevi, polemical disputants have 
 ably argued so as to decide unfavourably to 
 the integral character of the faith. What- 
 ever the mission, personal efforts, and im- 
 puted morality of the author of their reli- 
 gious code, Zoroaster, or Zerdusht, — Gibbon, 
 the historian of the Decline and Fall of the 
 Roman Empire, at once the carping and 
 the credulous, has ably set at rest. Sir 
 William Jones, too, in his letter to M. An- 
 quetil du Perron, playfully, pungently, and 
 yet truly, exhibits the vague absurdities 
 attempted to be upheld in the Zend Avesta. 
 The only two Parsis who in recent times 
 have devoted any serious attention to their 
 spiritual works, have been the respective 
 
32 THE PARSIS, 
 
 heads of the Mubed sections of the Kadimis 
 and Rasamis — Mullah Firaz and Edal 
 Daru, both of whom have been dead some 
 years now. Mullah Firuz is prominently 
 named in Sir John Malcolm's work as 
 having visited Persia for the purpose of 
 recovering those ancient books of the com- 
 munity which may have got astray. Dr 
 Wilson, in an able work both for research 
 and controversial acumen, has entered 
 largely upon the merits of the Parsi religion ; 
 and critically treated all those volumes, 
 acknowledged by the tribe as appertaining 
 to their faith, or the peculiar observances 
 enjoined by it. The Parsis deny that they 
 are pyrolatrously disposed, yet the sacred 
 fire is preserved with grateful veneration 
 in their temples ; and the first flickerings of 
 a flame at eventide are watched and saluted 
 with some pious ejaculation. The Parsis 
 repudiate a worship of the elements, the 
 sun, the moon, and all the celestial orbs, 
 yet they own them as merciful accessaries 
 to the enjoyment of life, and, as such, worthy 
 
Oil MODERN ZERDUSTHIANS. 33 
 
 the praise and the blessings of mankind. 
 A fanciful philanthropy may indulge in 
 numberless caprices with the learned, but 
 will the ignorant so regard matters ? The 
 evidence of Basil Hall during his stay at 
 Bombay will be precisely the same with any 
 observer of the present day. Hundreds of 
 Zerdusthians may be seen on the Esplanade 
 of Bombay in the cool of the afternoon, 
 mumbling the Gujaratised Zend jargon of 
 devotion, without a knowledge of what they 
 utter, or the capacity to appreciate the 
 observance undergone. Whatever may be 
 urged by individual members of the com- 
 munity — as a body, the Parsis neither study 
 their faith, nor do they much regard its prac- 
 tice. A leaning to European manners, and, 
 happier still, a thirst for European know- 
 ledge, is rapidly wearing away ancient 
 prejudices, and paving a glorious course 
 for a coming generation. Since the cele- 
 brated fire in Bombay in 1802, when the 
 larger portion of the buildings in that por- 
 tion of the Fort occupied by natives was 
 
 c 
 
34 THE PARSIS, 
 
 destroyed, the Parsis have notoriously 
 assisted in quenching fire : not only in 
 Bombay, but this has been witnessed both 
 at Calcutta and in China — at the former, 
 from the testimony of Mr Bailie Fraser; 
 and at the latter, the writer has learned of 
 several credible eye-witnesses. Parsis are 
 said to entertain scruples, not only about 
 putting out a flame, or fire in any form, but 
 to use fire-weapons of any kind ; yet the 
 writer has seen one Parsi fire off a pistol, 
 and happens to be aware of another who 
 has been engaged in a duel, and carries to 
 this day the brand of his opponent's bullet. 
 Parsis are said not to take their women to 
 any locality where there is neither dtesh 
 behrdm or dokma, or where injdni has not 
 been performed ; yet they are to be found, 
 even in the province of Gujarat, scores of 
 miles away from either fire-temple or 
 tower of silence. A number of Parsis have 
 been buried at Macao without the city 
 walls, and have tombs after the Anglican 
 form, with inscriptions, bearing the names 
 
OR MODERN ZERDUSTHIANS. 35 
 
 and other particulars of the parties, both in 
 English and in Gujaratf. So many start- 
 ling inconsistencies occur among the Parsis 
 themselves regarding their own pristine 
 hallowed rites and tenets, that the progress 
 of innovation promises to eradicate them 
 wholly, rather than to encourage their con- 
 tinuance, even partially. One fanciful ex- 
 ception offers, — granting that the cow is not 
 worshipped, and knowing it to be the vestige 
 of one of the numerous Hindu customs 
 adopted by the Parsis. Even the credulity 
 of Sir William Jones affects fastidiousness 
 as to the use of Turine de bceuf, — yet the 
 elegant and dashing, the good, learned, 
 grave, delicate, and pious — all, equaUy, 
 rinse the mouth, and anoint the eyes and 
 tips of the ears with this material as a ma- 
 tutinal ceremony. No curious investigator 
 into the customs of the followers of Zer- 
 dusht will have omitted to notice the brass 
 lota, or pot, employed for this purpose after 
 the sun has risen. Strange as what has 
 been already observed may appear, the 
 
36 THE P ARSIS, 
 
 subject is deserving notice, and this the 
 writer will endeavour to do more gravely. 
 
 The Parsis were permitted a settlement 
 in Hindusthan upon an assurance of con- 
 forming to certain customs. Very soon — 
 whether arising from inclination, the indo- 
 lent acquiescence to usages engendered 
 by peculiarity of climate, or constant 
 intercourse with the natives of the new 
 country, the political necessity, or by way 
 of compliment to the lords of the land — they 
 adopted, along with the rights and tenets 
 of Zerdusht, the ceremonial services current 
 among Hindus at seasons of marriage and 
 death, independent of the courtesies of or- 
 dinary life, and the outer attire now worn. 
 The Parsis became as superstitious as the 
 people around them, and, like the Hebrews 
 of old, sought strange gods. They resort- 
 ed to the temples of Jaina and Brahmani- 
 cal worship, as well as the superstructures 
 of Muslim faith ; and in later times, also, 
 vowed for earthly aggrandizement at the 
 Church of the Christian. Even now it is 
 
OR MODERN ZERDUSTHIANS. 37 
 
 very little better. The Parsi community, 
 too, do not appear to have been ignorant of 
 these evils; and its Panchayat at Bom- 
 bay, in November 1819, issued a manifesto 
 of sundry pains and penalties upon women 
 — matters had gone this length — who should 
 be found frequenting the deras, or shrines, of 
 Mamba Devi, Bhulesvar, Maha Laksmi, 
 Valkesvar, or attend the Hull for throwing 
 cocoa nuts into the fire ; or permit their in- 
 fants, in the company or charge of other 
 individuals to proceed to any Hindu fane 
 for the purpose of making or performing 
 any vows or ceremonies, — extending this 
 prohibition equally to the haunts of Mu- 
 hammadan devotion, and to the celebra- 
 tion, even in their dwelling-houses, of the 
 Chathi, Kandal, and Hazirat ; and, more- 
 over, to the use of threads, charms, 
 amulets, or phylacteries, obtained of magi- 
 cians. Apparently with a view of giving 
 a more legitimate tone and character to 
 then* matrimonial and funeral services, the 
 Panchayat proceeded more gravely in their 
 
38 THE P ARSIS, 
 
 deliberations ; and one of its leading mem- 
 bers, aided by his colleagues, framed a code, 
 for the guidance of the Gabars, which was 
 formally submitted to the general assembly 
 of the sect, at a public meeting held at Shet 
 Dadabhai Nasarvanji's Ateshbehram, or 
 chief fire-temple, on the 18th of October 
 1823, when and where the code was for- 
 mally recognised. Yet, the Parsi will still 
 continue to form a vow, and present his 
 offering at the altar of Nossa Senora de 
 Monte, at Bandura, in Salset ; and it would 
 be an endless effort to proceed in illustra- 
 tion of this point. What, in Surat, for in- 
 stance, is more Hindu-like than the divest- 
 ing the face of hair upon a death in the 
 family? What more Muhammadan than 
 the superstitious vagaries by which he 
 permits himself to be beset — independent of 
 the evil spirits by which he is allowed to 
 be annoyed by Ahriman, the evil genius 
 of his destiny and his faith ? and repug- 
 nant as all this may appear to his ordi- 
 nary professions, what shall be urged for his 
 
OR MODERN ZERDUSTHIANS. 39 
 
 interest in the canine species? Parsis do not 
 hold that tenderness to animal life which the 
 Bhudists of this part of the Indian peninsula 
 entertain — yet the dog-riot, which occurred 
 at Bombay in 1832, was mainly occasioned 
 by the Parsis. Mr Henry Gray was vio- 
 lently assaulted by some members of their 
 community when driving into town in an 
 open carriage : provisions of any kind could 
 not be obtained by Europeans for two or 
 three days previously; and, ultimately, a de- 
 tachment of H. M.'s 2d Regiment of Foot, 
 or Queen's Royals, had to be called into the 
 Fort of Bombay from Colaba, to quell the 
 disturbance, when assuming a serious aspect. 
 Parsis do value the canine species, but 
 merely for the absolving character attributed 
 to their vision when meeting that of a dying- 
 mortal ! This sight is denominated char 
 chasham, or quadrupled gaze. Effectually 
 to accomplish such a purpose, curds are 
 planted ontheforehead immediately between 
 the eyebrows; and the brute, in licking 
 the curds, affords the dying creature his 
 
40 THE PARSIS, 
 
 purpose. Ridiculous as this may seem, and 
 scouted as it is by the respectable portion 
 of the community, it is nevertheless well 
 known throughout Gujarat. 
 
 The great work of the Zerdusthians is the 
 Zend Avesta, or Zend Word, which com- 
 prises the Vandiddd, said to be very loosely 
 translated by M. du Perron ; the Yaqna, 
 or Izashne, also translated into French by 
 M. Eugene Burnouf ; the Khurdah Avasta, 
 and several subsidiary sections appertaining 
 to the inferior offices enjoined by the faith. 
 Both the Yacna and Vandidad Sade, in the 
 Zend dialect but Gujarat 1 characters, have 
 been published in a lithographed form by 
 Framji Aspandiarji, under the direction of 
 Mullah Firuz, and other learned Andhiarus 
 of the Kaclimis ; it is accompanied by a Gu- 
 jarati translation, paraphrase, and comment, 
 according to the traditional interpretation of 
 the Zerdusthians. In this form the Vandi- 
 dad was presented to the public in 1842, 
 and the Yacna in the year following. An 
 English translation of M. Perron's labours 
 
OR MODERN ZERDUSTHTANS. 41 
 
 is about to be committed to the press by a 
 Parsi gentleman, with, emendations and 
 annotations. Dr Wilson has entered into 
 an erudite critique on this work. The Zer- 
 dusthians' history of their spiritual lawgiver 
 is contained in the Zertusht-Namah, a 
 traditional narrative in verse of Zertusht ; 
 which has been translated by Lieutenant 
 E. B. Eastwick, of the Bombay Army. 
 
 But, as has been already asserted, what- 
 ever the character and merits of this faith, — 
 sealed as it is to general acquaintance from 
 the peculiar characters — in other words, the 
 dead languages — in which they have been 
 written and continue to be preserved, they 
 exist rather as historical figments than as 
 records of their peculiar tenets and devo- 
 tional exercises. The subject has success- 
 fully engaged the attention of able men, 
 interested in an acquaintance with their 
 writings from the noblest and holiest of pur- 
 poses ; and no Parsi, whatever his preten- 
 sions, would attempt to dispute the opinion 
 Mr Erskine pronounced upon the intrinsic 
 
42 THE PARSIS, 
 
 merits of their spiritual philosophy, however 
 prejudiced their present impressions against 
 Dr Wilson. 
 
 The consecrated hall of worship of the 
 Zerdusthian,from familiarity of expression, is 
 now known as Agheri, a compound Gujarati 
 word signifying, literally, " fire-house." The 
 more correct terms, and those popular among 
 the sect, are Atesh-Behrdm, Atesh-Adhardn, 
 and Atesh-DMdagdlid. The first of these 
 appellations is equivalent in character to 
 the Episcopalian Cathedral. Behrdm and 
 Adhardn are the descriptions of sacred fire. 
 The first of these is deemed more holy, from 
 the one thousand and one sources from 
 which it is derived, and is said to exist 
 only in nine of their temples in India ; and 
 the second, which is more largely scattered, 
 has but seven sources. Sir Henry Pot- 
 tinger, in his travels through Beluchisthan, 
 makes mention of the Atesh-Kudu, said to 
 exist in some subterraneous fane in Persia. 
 
 The Parsis still remember, from tradi- 
 tional story, the circumstance of M. An- 
 
OR MODERN ZERDUSTHIANS. 43 
 
 quetil du Perron and his companion's stay 
 at Surat. They are the only Europeans 
 known and acknowledged to have entered 
 into their temples. The legend, for such it 
 now is, current among them is, that two 
 Mubeds from Persia resided among them 
 for some years. They wore the attire and 
 in every other way conformed to the usages 
 of Zerdusthians ; they were perfectly familiar 
 with their religious rites and liturgical ser- 
 vices. Only upon Perron's return to Eu- 
 rope, the Parsis became aware of these 
 foreigners having duped them. At Surat 
 the Parsis have two temples. At Nausari, 
 eighteen miles to the south-west of Surat, 
 Sir Jemshedji Jijibhai has recently had erect- 
 ed a massive construction, with stone con- 
 veyed from Bombay, independent of the one 
 built in 1765; at Gandave, twenty-seven 
 miles in the same direction from Surat, Shet 
 Jemshedji Wadiya has built one; at Ahmed- 
 abad, built by public subscription ; at Puna, 
 in the Dekhan, another foundation of the 
 benevolent Parsi knight; and at Calcutta, 
 
44 THE PARSIS, 
 
 one built by the late Shet Rustomji Kau- 
 vasjf, an opulent merchant, long connected 
 with the City of Palaces. The most an- 
 cient edifice of the community is at Udha- 
 wada, twenty-seven miles to the south-west 
 and by west of Surat, built by Anjuman of 
 Sanjan, A. d. 720, not long after the arrival 
 of the Zerdusthians on that coast of India. 
 At the seat of the Presidency of Bombay 
 the first temple was erected at the expense 
 of Dadabhai Nasarwanji, some time in 
 1781 ; it belongs to the Kadimis. The 
 more popular temple appertaining to the 
 Rasami division was consecrated at the cost 
 of the late Shet Hormasji Bahmanjf, of the 
 Wadiya family, in 1830. Both these come 
 under the denomination of Atash-Behram, 
 are in the Sunapur division of the island, 
 and occupy the right and left, almost op- 
 posite each other, of the road to Girgaum. 
 There are four inferior temples in the Fort, 
 and a good number of them in different 
 parts of Bombay, where any number of the 
 community may have settled. 
 
OR MODERN ZERDUSTHIANS. 45 
 
 The Levitical section of the Parsi com- 
 munity is said to remain as pure in blood, 
 and intact in constitution, as the first emi- 
 grants from the soil of their ancestors. They 
 are debarred marrying without the pale of 
 the section. A priest remains virtually a 
 priest for ever, and is only permitted 
 to ally himself among the families of the 
 priesthood. He is at liberty, however, to 
 engage in traffic or other employment, but 
 in doing so he is not allowed to perform any 
 of the sacerdotal offices. Excepting these, 
 all engaged upon the rites of their creed 
 wear a white turban, as distinctive of the 
 Mubed from the Behdfn. Mubed is the 
 general term, and tantamount in acceptation 
 to our word clergy ; the learned among 
 them, and those who hold spiritual dignity, 
 are denominated Dasturs, or Andhidrus, 
 almost significant to our Doctors and 
 Bishops ; Herbads are the inferior clergy, 
 and Nasar-sdlds are criers, and carriers of 
 the funeral bier. Yet so fastidious is the 
 prejudice of the tribe, that a Mubed will 
 
46 THE PARSIS, 
 
 avert his face from a Nasar-sala if he 
 should gain a sight of him, and abso- 
 lutely refuse all intercourse with him, unless 
 he has undergone the process of purification, 
 and then only will he condescend to salute 
 or to eat with him. According to the cir- 
 cumstances of the laity, every family sup- 
 ports from one to half-a-dozen such profes- 
 sional gentlemen, and upon particular occa- 
 sions the benevolence of their friends is 
 put to the test. The Parsis even acknow- 
 ledge, with some degree of sorrow, that the 
 Mubed section of their community no long- 
 er contains any men of ability, or who 
 promise talent ; and too frequently the 
 priest of a household, while made the confi- 
 dant of the women, is the butt and buffoon 
 of the men — though the necessary ceremo- 
 nies are performed with all that pleasure 
 entertained by a patient in swallowing the 
 nauseous draught prescribed by his physi- 
 cian. 
 
 The first occasion that a Mubed's offices 
 are put in requisition is upon the birth of a 
 
OR MODERN ZERDUSTHIANS. 47 
 
 child. The Parsi's denounce astrology, 
 and yet are fiercely superstitious ; they 
 despise the absurd customs engendered by 
 Brahminism, and yet conform to many of 
 them : one such now offers. The moment 
 birth is given to a child — say a male — his 
 horoscope is consulted ; the peculiar pla- 
 net under which his nativity has occurred, 
 and certain corresponding types are then 
 traced upon a tabular record, which fur- 
 nishes the first letter of the names to be 
 given him, whether 4 p or £ ph — Pestan or 
 Frama, and so on. The next occasion is upon 
 investiture with the sacred kusti, or cincture, 
 consisting of seventy-two interwoven fila- 
 ments required to circumvent the waist 
 three times ; and the sadra, or shirt, em- 
 blematic of that panoply which protects its 
 wearer from Ahriman, the Evil Principle. 
 The precise time this should take place is 
 when the child happens to be seven years, 
 seven months, and ten days old ; but in 
 wealthy families this ceremony is performed 
 much earlier, to permit of an infantile nuptial 
 
48 THE PARSIS, 
 
 covenant, and the ceremony is repeated at 
 the given time. Instances occur frequently 
 where the investiture is postponed in conse- 
 quence of the penurious circumstances of 
 the parents. In alluding to children, it 
 might be mentioned that a strange custom 
 prevails with the Parsis as to the necessity 
 for a woman giving birth to her child on 
 the ground-floor of a house ; and if she 
 should be taken with the pains of travail 
 at the topmost story of a house of several 
 stories, she is conveyed instantly below. For 
 forty days after giving birth, the female is 
 kept apart from the household. All the 
 trifling pageantry popular among Hindus 
 upon the marriage of children, and its never- 
 failing expense, also exists among Parsis. In 
 only two instances have Parsis permitted 
 their daughters marrying at the years of 
 puberty, and these have happened in the 
 families of Manakji Karshedji and Sir 
 Jemshedji Jijibhai, — the same gentlemen 
 who have been already named as having 
 bestowed upon their daughters an European 
 
OK MODERN ZERDUSTHIANS. 49 
 
 education. The matrimonial ceremony 
 consists in the bride and bridegroom being 
 seated close to each other with their right 
 hands clasped, the relatives holding a hand- 
 kerchief between them so as to prevent their 
 seeing each other ; and while the priest 
 performs the liturgical service for the occa- 
 sion, a thread is carried several times round 
 the chairs of the contracting parties. This is 
 the most important feature of the proceed- 
 ing, and occurs before any of the parade al- 
 ready noticed. Bigamy has been tolerated 
 among the Parsis, and no law exists for its 
 prevention. Pars! widows, unlike Hindus, 
 are permitted to re-marry. Sometimes a 
 black sddi is worn for a few months, but the 
 actual state of widowhood is only recognised 
 by the ornaments about the female's per- 
 son being destroyed at the time, an act 
 generally confined to the bracelets ; — orna- 
 ments not being resumed until a second 
 marriage. Upon the approaching death of 
 a member of the Pars! community, the body 
 is brought on the ground-floor : so soon as 
 
 D 
 
50 THE PAKSIS, 
 
 pulsation is lost its ablution occurs, and not 
 unfrequently the limbs are disjointed so far 
 as to render them loose, and readily detached. 
 The wrists are now tied by a ribbon, and not 
 unfrequently the ankles, — the body is then 
 wrapped in its nude condition in a clean 
 white cotton sheet, and placed upon an iron 
 skeleton-frame. The body is not allowed to 
 remain in the house any length of time ; and 
 the more scrupulous parties have it removed 
 by a side, in preference to the usual general 
 entrance. The carriers of the bier have 
 their hands, feet, and head bound in white 
 cloth. Two sets generally accompany, so 
 as to permit of changes at intervals on 
 the road to the dokma, or tower of silence. 
 The followers of a funeral procession pro- 
 ceed in couples, holding a handkerchief ( 
 between them ; they are otherwise in full- 
 dress, that is to say, — the jhdmd is worn 
 The cortege is always sur le pied. Upon the 
 body being introduced into the dokma by 
 the required orifice, and the performance of 
 the satom, or service for the dead, the friends 
 
 ■ 
 
OR MODERN ZERDUSTHIANS. 51 
 
 and mourners disperse ; while, according 
 to the garrulous, the nasar-salas remain 
 to watch the particular eye torn from its 
 socket by vultures, and other birds of car- 
 rion, who pounce upon the carcase, and 
 from this is ascertained the bliss or misery 
 endured by the spirit once animating it. 
 Both the dohnas of the tribe at Bombay 
 are upon Malabar Point; one has existed 
 for more than a century, and the more 
 modern erection was open to the public be- 
 fore its consecration some fifteen years ago. 
 Peculiar as is this custom to the Parsis, 
 like the Chinese, they entertain a grateful 
 veneration for the manes of their forefathers, 
 for whose happiness in the world of spirits 
 they have a large collection of prayers. 
 Withal, excepting the nasar-salds, neither 
 Mubed nor Behdin are permitted to ap- 
 proach a dohna within seventy-two feet, 
 when he would have to perform the cere- 
 monies enjoined for purification. 
 
 The great Kabisah (intercalary month) con- 
 troversy relative to the computation of their 
 
52 THE PARSIS, 
 
 year, or the era of Yezdijird, led to the exist- 
 ing division among the Parsis in the early 
 portion of the last century. The difference 
 appears to have originated in Persia, where 
 the Sul-i-Kadfm was then current, which 
 commenced a month earlier than with the 
 system popular among the Parsis in India. 
 The individual of their community who pro- 
 ceeded to Persia to ascertain the occasion 
 of this difference, happened to be of the 
 profession of a Churigar, or bracelet-maker ; 
 and, as he held the same view as the 
 Zerdusthians in Persia, those in India par- 
 taking of the like impression were denomi- 
 nated Churigariydn, or Kadimi, from the 
 era ; those retaining the original form of 
 chronology current among them, comprising 
 the major portion of the tribe, were, from 
 contrast, called Rasami, or " customary," 
 and Shaher-sdhi, signifying " city-like," or | 
 ironically as the "black-faced." Recently 
 it has been attempted to modify this last 
 sobriquet into Shdhanshdhi, or " King-of- 
 kings," — from a municipal to an imperial 
 
 * 
 
OR MODERN ZERDUSTHIANS. 53 
 
 character. This is the only real division 
 among the Parsis, and the holidays and 
 festivals of the Hasami and Kadimi in con- 
 sequence differ a month in every year. The 
 family of Dad' Shet and the Banajis are 
 the great supporters of the Kadhnis ; and 
 to this section also belonged the late Mullah 
 Firuz. 
 
 The Sifat-i-Sirozah furnishes the neces- 
 sary detail regarding the Roze-si-o-se, or 
 thirty days of each month, over which a 
 particular angel of bliss presides. The days 
 fall in the following order, and the parti- 
 cular office of these several spirits in heaven 
 is given in the Manahdjdth, a Persian word, 
 implying the " adoration of angels" : — 
 
 1. Hormazd. 9. Adar. 
 
 2. Beliman. 10. Abhan. 
 
 3. Ardebehisht. 11. Khurshid. 
 
 4. Sherivar. 12. Mah, or Moher. 
 
 5. Ispandharmad. 13. Thir. 
 
 6. Khurdad. 14. Gosh. 
 
 7. Amerdad. 15. Dhepmeher. 
 
 8. Dhepadar. 16. Meher. 
 
54 THE P ARSIS 
 
 17. Sarvosh or Serosh. 25. Arshavasang, or 
 
 18. Rashne. Ashasang. 
 
 19. Farvardin. 26. Asthad,orAshtad. 
 
 20. Behram. 27. Asman. 
 
 21. Ram. 28. Zamiadh. 
 
 22. Gavad. 29. Maharesphand. 
 
 23. Dhepdin. 30. Aniran. 
 
 24. Din. 
 
 From the foregoing, twelve names have been 
 appropriated for the months in the follow- 
 ing order : — 1, Farvardin ; 2, Ardebehisht ; 
 3, Khurdad ; 4, Thir ; 5, Amerdad ; 6, 
 Sherivar; 7, Meher; 8, Abhan; 9, Adar; 
 10, Dhe; 11, Behman; 12, Ispandharmad. 
 When the Main (month) and Roze (day) of 
 the first month come together — in other 
 words, the day Farvardin of the month Far- 
 vardin is regarded as a Jasne or Parab, and 
 hence its being significantly denominated 
 Farvardhiyan ; the same with Thir — hence 
 Thiriyan ; Meher, Meheriyan ; Abhan, 
 Abhanu ; Adar, Adam ; and Behman also 
 known as Goshpand. In the month of Far- 
 vardin and roze Adar occurs another Parab, 
 
OR MODERN ZERDUSTHIANS. 00 
 
 called Adar Farvardm. In all seven Parabs 
 or Jasne. With the months of Ardebe- 
 hisht and Khurdad they are known as 
 Humkare. Nothing occurs on the occasion 
 of Amerdad, Sherivar, and Ispandharmad. 
 Dhe has no roze whatever. To complete the 
 solar year, the remaining five days which 
 have neither month nor date, and hence de- 
 nominated Gdthd Gambdrs, are respectively 
 known in the following order : -Ahonuad, 
 Oshthoad, Sepenthoad, Vohoshathre, and 
 Vasthohasth. These also bear an especial 
 signification, as Hamas-peth-madhem, and 
 the last gdthd is also called Nduroz. During 
 these five days prayers are bountifully raised 
 by Zerdusthians for the spirits of the depart- 
 ed being released from their bonds to that 
 state of purity to enable them to meet and 
 protect their friends among the living. In- 
 dependent of these, five other Gambdrs 
 occur during the year, and they are call- 
 ed Medhio-zarm, Medhio-shahem, Pethe- 
 shahem, I-d-thuem, and Medhi-arem. The 
 following fasts and festivals are observed by 
 
56 THE PARSIS, 
 
 Zerdusthians : — Mukthdd, or Dosld, eleven 
 days before the new year, when great 
 ceremonies are performed for the souls of 
 the dead; Vachlimachi, the 360th day of 
 their year, and upon the following day falls 
 the first of the Gatha Gambars, Papati, or 
 New- Year's Day ; and Khordadshal. These 
 are wholly sacred seasons. But the espe- 
 cial occasion of enjoyment, when mirth, and 
 revelry, and riot are in full flow, is Sul- 
 ihani Nauroz, maintained in memory of 
 their glorious King Jamshed. The five 
 Gambars named occur in the following 
 order : — 
 
 MedMo-zarm. — In the month of Arde- 
 
 behisht, and on the day Khurshid. 
 Medhio-shahem. — In the month of Thfr, 
 
 and on the day Khurshid. 
 Pethe-shahem. — In the month of She- 
 
 rivar, and on the day Asthad. 
 I-a-thivem. — In the month of Meher, and 
 
 on the day Asthad. 
 Medhi-arem. — In the month of Dhe, and 
 on the day Meher. 
 
OR MODERN ZERDUSTHIANS. 57 
 
 The following occasions are allowed in 
 all public offices as holidays — they occur in 
 the order given, viz. : — Jamshed Nauroz, 
 one day ; Jasne Aban, one day ; Jasne 
 Adar, one day ; Jasne Farvardm, one 
 day; the five Gatha Gambars; Papati, or 
 New- Year's Day; Khordadshal, one day; 
 and Atash-behram Salgheri, or anniversary 
 of the great fire, one day, — in all, thirteen 
 days in the year. 
 
58 THE PARSIS, 
 
 SECTION IV. 
 
 The Panchayat. 
 
 In their exode from that land which 
 had seen at once their rise, their re- 
 nown, and their ruin, the Zerdnsthians, 
 while attempting to preserve their sacred 
 literature, wholly lost that code of domestic 
 legislature which had been their means of 
 guidance. Broken by reverses, or perhaps 
 pining in exile, the early Parsis who sought 
 refuge at the north-western coast of the 
 peninsula of Hindusthan were unequal 
 to the effort, or doubted the necessity of 
 preserving, what they at least knew of such 
 observances ; they became thus lost to their 
 descendants : but separated, as a tribe by 
 blood, and in peculiarity of faith, from the 
 surrounding people, so soon as they gathered 
 in force, they formed, from the worth, wealth, 
 and talent of their community, a Panel/a- 
 
 I 
 
 ! 
 
OR MODERN ZERDUSTHIANS. 59 
 
 yat, or assembly of five, which was afterwards 
 extended in number, towards protecting 
 their creed from innovations, and guarding 
 their peculiar traditions. This assembly 
 partook more of the character of the Jewish 
 Sanhedrim than the Venetian Council of 
 Ten ; it possessed to all intents and pur- 
 poses, with the voluntary consent of the 
 tribe, its due constitutional government, 
 without affecting the political relations of 
 the sovereign in whose country they dwelt, 
 and whose subjects they became. All the 
 great questions of the Parsis were to be 
 mooted only in an Agheri, and in that 
 Agheri only every individual was permitted 
 freely to tender his expressions thereon. 
 The meeting was convened by the Nasar- 
 sdld, or crier, under the injunctions of the 
 Panchayat, communicating at the same 
 time the nature of the propositions to be then 
 submitted. On such occasions, also, occurred 
 the elections of the members of the Pancha- 
 yat as casualties befell, or the necessity 
 demanded, but from two to four only of their 
 
60 THE PAKSIS, 
 
 number exercised the functional offices at- 
 tendant upon the appointment— in counsel- 
 ling, appeasing domestic feuds, and the 
 other arrangements consequent upon such 
 a position. Peace, unanimity of purpose, 
 and justice, appear to have been the inten- 
 tions of such an institution ; and they were 
 worthy the descendants of those who owned 
 the rule of Cyrus. Towards the close of the 
 last century, and owing to the increasing 
 number and respectability of the Parsi com- 
 munity, the Bombay Government selected 
 twelve of the Panchayat, with a view that 
 they should have the determination of all 
 causes of dispute among their own class. 
 Like the flickerings of a flame, which are 
 always brightest and boldest when near 
 extinction, so with the association under 
 notice. Hitherto it had gathered in con- 
 clave, proposed, abolished, provided, paci- 
 fied, and punished, as circumstances 
 deemed expedient, by mere viva voce ar- 
 rangement ; there was no digest of their 
 particular customs, and their observances; 
 
OR MODERN ZERDUSTHIANS. 61 
 
 and suddenly, affected by the imperative need 
 for such bandubastas, a great demonstration 
 was accomplished by the meeting at the 
 Agheri of Shet Dadabhai Nasarvanji, of 
 the whole of the Panchayat, on the 4th 
 March 1818. It was composed of twelve 
 Behdins, two Dasturs, and four Mubeds. 
 The subject which at the time engaged their 
 especial notice was the progress of bigamy 
 among their community, and the necessity 
 of arresting that progress ; and, with this 
 view, they had now resolved " that nobody 
 who has a wife living shall marry another." 
 For some five years afterwards this tribunal 
 continued to maintain the reputation it had 
 gained, for the wholesome and salutary effects 
 of its decisions ; and then, whether through 
 disagreements among its body, or the pre- 
 sence of party spirit, there was a relaxation 
 in the tone it had hitherto upheld, and a 
 number of irregularities were indolently 
 permitted. 
 
 Perhaps a more important obstacle op- 
 erated upon its character as a municipal 
 
62 THE PARSIS, 
 
 element. Upon the establishment of the 
 Recorder's Court at Bombay, it was pro- 
 vided by the Charter granted to it, that in 
 all actions and suits of Muhammadans and 
 Gentoos, — a very vague definition, and 
 which would have been equally applicable 
 to Parsis from the maimer in which it was 
 employed by the Portuguese, who coined it 
 as a general appellation for the Natives of 
 Hindusthan, but which was understood to 
 be strictly applied to Hindus, — that they 
 should be determined by their own laws 
 and usages. The absence of any direct 
 mention of the Parsis in the Charter led 
 litigants of their community interested in 
 estates to interpret — " that, as Parsis were 
 neither Hindus nor Muhammadans, the 
 inheritance and succession to lands, rents, 
 and goods, should be determined according 
 to English law." An appeal was made, in 
 consequence, to the Governor General and 
 Legislative Council, for an enactment "to 
 quiet the possession of estates already ac- 
 quired by Parsis in the way of succession, 
 
OR MODERN ZERDUSTHIANS. 63 
 
 and to fix the law by which the succession 
 to the estates of Parsis, either by inherit- 
 ance or testamentary disposition, is to be 
 regulated in future." This appeal was 
 numerously signed, under date the 20th 
 November 1835 : it was only transmitted 
 through the legitimate channel— the Go- 
 vernment of Bombay — on the 23d March 
 following; and while it met with the favour- 
 able notice of the Government of India, 
 it was not replied to before the 30th of 
 January 1837. A little better than two 
 months afterwards the Parsis of Bombay 
 expressed their acquiescence in the terms of 
 the proposed enactment, and it was promul- 
 gated by the Right Honourable the Go- 
 vernor General of India on the loth May 
 1 837, and as Act No. IX. of that year. Both 
 the correspondence and Act are furnished 
 in the Appendix.* Pushing their intentions 
 towards the recognition of certain prescribed 
 privileges peculiar to their community, the 
 
 * Vide B. 
 
64 THE PARSIS 
 
 Parsis again addressed the Supreme Go- 
 vernment on the 21st November 1838, 
 submitting, at the same time, a series of ques- 
 tions put by Mr Harry Borradaile, of the 
 Bombay Civil Service, at the time Judge 
 of Surat, — a gentleman who had bestowed 
 some attention to the ancient languages 
 and literature of the Zerdusthians, — and their 
 replies thereto, in compliance with such 
 customs arising from tradition, and recog- 
 nised by the more respectable members of 
 their community. It was not simply seek- 
 ing the establishment by the authorities of 
 their usages with respect to inheritance, but 
 the memorial insidiously employed thismeans 
 towards the recognition of the Panchayat 
 as the lawgivers, and the tribunal of punish- 
 ment and reward of their countrymen. The 
 appeal was tacitly permitted to lay aside, and 
 the Parsis never endeavoured to resuscitate 
 the subject — mainly from the unconcern 
 evinced by the authorities towards acknow- 
 ledging such an assembly as the Panchayat. 
 Long prior, however, to the Government 
 
OR MODERN ZERDUSTHIANS. 65 
 
 being memorialized relative to Parsi inherit- 
 ances, Sliet Bohmanji Hormasdjf Wadiya 
 placed himself in communication with Sir 
 John Wither Awdry, the Puisne Justice of 
 H. M.'s Supreme Court at Bombay, on the 
 subject of the paper got up in conjunction 
 with Mr Borradaile; Sir John very properly 
 observes, " that the difficulty of framing a 
 statute to that effect would be as little as can 
 ever be expected in such cases, as the whole 
 appears to be a very sensible and coherent 
 system." Mr Justice Awdry s letter also 
 forms part of the Appendix. Yet this sub- 
 ject of Parsi inheritance had been mooted 
 nearly some thirty years before in the Re- 
 corder's Court, and during the time of Sir 
 James Mackintosh. The case was that of 
 the well-known Ghistas family, which 
 involved large and valuable properties. 
 Upon the conflicting and abnegatory evi- 
 dence — " flatly contradicting each other," 
 is the expression of one of their own number 
 — of several respectable P arsis, the erudite 
 Recorder pronounced judgment, that ac- 
 
 E 
 
66 THE PAKSIS, 
 
 cording to the tenets and customs enjoined 
 by the Zerdusthian persuasion, bastards, 
 when even begot by strange women of other 
 nations, upon being invested with their 
 sacred badge, ceased to be considered ille- 
 gitimate ; and, under the circumstances, 
 permitted a natural son the right of heirship 
 to his father's estate. A singular coinci- 
 dence occurred at this time, which, viewed in 
 whatever light — whether as to their vanhy, 
 their pretensions, or their true customs — 
 reflects sorely on the Parsis. It is suffi- 
 ciently well told by Shet Framji Kauvasji, 
 who was the party to the conference, and his 
 own words are given as they are taken literally 
 from the translation of a note appended to the 
 notice served on the Panchayat by Naurosji 
 Jemshedji Vadiya of his resignation of the 
 seat at their council, and under elate the 8th 
 of June 1836— "Mr John Leckie, who 
 then was one of the sitting aldermen, sent 
 for me, and told me that the Court had, in 
 that case, allowed a Parsi illegitimate son 
 to inherit his father's estate ; consequently, 
 
OR MODERN ZERDUSTHIANS. 67 
 
 in ten or twenty years there would exist no 
 difference between the legitimate and illegi- 
 timate children, and that they all might be 
 termed bastards alike; and that though Parsi 
 gentlemen were well treated by Europeans, 
 and allowed chairs to sit on, they would not 
 hereafter be considered, under the above 
 circumstances, respectable enough to be 
 treated with even such common civilities ! 
 The case in question above-mentioned was 
 subsequently brought to a new trial before 
 Sir John Newbolt, and by rejecting former 
 contradictory evidences he declared it as his 
 opinion, and decreed it accordingly, that a 
 Parsi illegitimate son is entitled to a life 
 maintenance only, and nothing more, from 
 his father's estate." Nor is it ascertained 
 from the foregoing whether the force of 
 custom or the dread of losing European 
 notice operated to greater advantage in ren- 
 dering the evidence less conflict ory at a 
 fresh suit, and towards acquiring the verdict 
 then obtained. 
 
 But the Panchayat of 1818, in their 
 
68 THE PARSIS, 
 
 opening bandubast, or manifesto, make the 
 following declaration : — " After the death of 
 those members (former, or preceding mem- 
 bers), the people were in the habit of 
 bringing their complaints before the sons of 
 the said deceased members who were com- 
 petent to hear them, and they were in the 
 habit of hearing and deciding on the same. 
 Many of the last individuals have since died, 
 and the numbers of our people are every day 
 increasing in Bombay, and several among 
 them are transgressing our usages, and 
 misleading others ; therefore the whole 
 Panchayat have this day assembled 
 together, and resolved that twelve Beh- 
 dins, and six Dasturs and Mubeds, 
 making in all eighteen individuals, shall in 
 future be competent, in case of dispute 
 among our people, and on any complaint 
 being preferred, to hear the complaint, 
 and call the defendant before them, to 
 hear their respective witnesses ; and to 
 decide the same in a proper manner. 
 The names of the eighteen individuals 
 
OR MODERN ZERDUSTHIANS. 69 
 
 thus appointed to the Panchayat are as 
 follow : — 
 
 " Behdins. — Davar Framji Nanabhai, 
 
 Vadiyaji Naurosji Jemshedji, 
 Shet Karshedji Ardashirji, 
 Dhanjibhai Sohorabji (ready-money), 
 Vadiyaji Hormasdji Bohmanji, 
 Framji Kauvasji Banaji, 
 Sohorabji Vacha Ghandi, 
 Barjurji Dohorabji Dadi Barjornd, 
 Karshedji Manakji Saraf, 
 Dadabhai Kauvasji Saiyar, 
 Pestanji Bhikaji Pandena, and 
 Naurosji Meherji. 
 
 " Dasturs. — Dasturji Karshedji Jemshedji, of 
 Nausari, and Mullah Pherosji 
 Kauvasji. 
 
 " Mubeds. — Shet Meherwanji Naurosji, 
 Shet Rastumji Sapurji, 
 Panthitri Dohorabji Framji, and 
 Andhiaru Hormasji Dohordbji Las- 
 kari. 
 
 "These have been duly appointed: but 
 to obviate delay, which must take place in 
 gathering all of them together in ordinary 
 
70 THE P ARSIS, 
 
 cases of dispute among our people, or on a 
 complaint of a trifling nature being prefer- 
 red — and as Vadiyaji Jemshedji Bohmanji, 
 and Vera Frainji Nanabhai Davar were 
 hitherto deciding such ordinary disputes, it 
 is resolved that they shall continue to do 
 so according to the rules of the Pan- 
 chayat; adding to their number, in cases 
 where they should think proper, two or 
 four other individuals from those above- 
 named, and thus united afford redress to 
 the petitioners ; and their decision, when 
 accepted by the parties, shall be approved 
 of by the Panchayat. But if any of the 
 parties, after accepting such decision, decline 
 to act in compliance therewith, he shall be 
 punished by the Panchayat according to 
 the extent of his guilt, 
 
 " Further, if the party is dissatisfied with 
 the decision of the two or four individuals, 
 and should desire that the whole eighteen 
 should be convened, or that ten or twelve 
 from among them do so, to decide his case ; 
 or should he be desirous of having other 
 
OR MODERN ZERDUSTHIANS. 71 
 
 members added to the said eighteen above- 
 mentioned — in that event, six additional 
 members may be nominated and the case 
 proceeded with, and their verdict meet the 
 approval of the Panchayat ; and any party 
 refusing to abide by such decision, shall be 
 punished by the Panchayat to the full ex- 
 tent of his guilt. 
 
 " Further, should the complainant desire 
 that his case be referred for the decision of the 
 whole Panchayat, then a general Panchayat 
 of young and old shall assemble and decide 
 his case ; and in the event of the eighteen or 
 twenty-four individuals differing in opinion, 
 and if the general assembly there met divide 
 among themselves on the question, in such 
 cases it is ordained that the decision of a 
 majority of those gathered be considered as 
 final, and shall be admitted accordingly; and 
 any of the parties refusing to abide by the 
 same, shall be punished by the Panchayat 
 according to the circumstances of his case." 
 
 Concluding this important bandubast with 
 this paragraph : — " To the foregoing parti- 
 
72 THE PARSIS, 
 
 culars have we all agreed, after having had 
 the same previously read ; and after having 
 made ourselves acquainted with the same, 
 and which we have now duly confirmed. 
 Although this is signed by some, and not 
 by others, it is binding on all now living in 
 Bombay wearing ' the badge of ZerdushtJ 
 and those who may hereafter arrive and 
 settle here • and those who shall not conform 
 to the above rules, shall be punished by the 
 Panchayat as aforesaid." 
 
 The proceedings of this convention now 
 bore a solemn and systematic impress ; and 
 the circumstance of conveying to paper the 
 purposes of their deliberation led greater 
 regularity to prevail than might heretofore 
 have happened. An instance of many 
 occurs immediately after the proceedings 
 just noticed, — on the 2d July 1818, ex- 
 tracted from the minutes of that occasion: — 
 " That Andhiaru Hormasji Dohorabji, one 
 of the eighteen appointed by the Panchayat, 
 having gone abroad on commercial affairs, 
 without giving intimation thereof to the 
 
OR MODERN ZERDUSTHIANS. 73 
 
 Panchayat, the Panchayat congregated 
 this day have, therefore, unanimously re- 
 solved to appoint Dastur Edalji Dohorabji 
 Sahanjana in room of the said AndhiaruHor- 
 masji Dohorabji." Among other notabilia 
 of the kind on its records, occurs under 
 date the 15th of October 1823,— "That of 
 those who held seats in the Panchayat, 
 Naurosji Meherji, and Panthaki Darabdaru 
 Framji having departed this life, the as- 
 sembly this day convened have appointed 
 Jemshedji Jijibhai and Andhiaru Hormasdji 
 Dohorabji in their places." The Panchayat 
 now proceeded towards enforcing very hap- 
 py restrictions in the extravagance hitherto 
 displayed at marriages, and the expenses 
 incurred upon deaths ; defining the Asuddd, 
 " gift to the pious," doled out previously to 
 the clergy, and endeavouring to combat the 
 growing taste for bigamy. This last ap- 
 peared, and was felt, as the most heinous 
 offence ; but it grew out of a time-honoured 
 (with the Parsis) Hindu ceremonial of be- 
 trothing and marrying children, almost in 
 
74 THE PARSIS 
 
 infancy. The first notice taken of a breach 
 of the Panchayat's decree happened not 
 long after the great gathering of March 
 1818, and the delinquent was a wealthy 
 man, connected too by relationship with 
 one of the members of the Panchayat, 
 Jemshedji Behramji by name. He appears 
 to have effected his second marriage, and 
 during the lifetime of his first wife, at 
 Udapura, in the contiguity of Surat. No- 
 thing daunted by his purpose, he returned 
 to Bombay, when the Panchayat took an 
 early occasion of meeting, and expelled him 
 from the community of their tribe. Upon 
 ascertaining that his father still afforded 
 shelter to Jemshedji, the Panchayat, at a 
 further sitting, came to the resolution of 
 summoning the parent before their conclave; 
 and insisted upon the expulsion of the son, 
 at the cost of the father himself being ex- 
 communicated. Exasperated at this treat- 
 ment, Jemshedji employed opprobrious epi- 
 thets to the Panchayat, and assaulted its 
 officiating priest. A complaint was in 
 
OR MODERN ZERDUSTHIANS. 75 
 
 consequence preferred at the Police, and 
 Jemshedji, in expressing sorrow for his 
 outrageous deportment, promised to abide 
 by such punishment as the Panchayat should 
 award. The case came before that assem- 
 bly on the 10th April of that year, while sit- 
 ting in conclave at the Agheri of Dadi Shet : 
 when it was decreed, quite in compliance 
 it will be observed with Oriental custom, — 
 " That Jemshedji should hold his own shoe 
 in his hand, and with it beat himself over 
 his face five times in presence of the Pan- 
 chayat, to be congregated for the purpose of 
 witnessing it; and further, then and there 
 to place a pdtrd (a piece of rough cloth) 
 round his neck and ask pardon, and to bear 
 the expense of the lawyers, which the Pan- 
 chayat had to incur by going to law with 
 him." This sentence, very humiliating and 
 distressing as it must have been to Jem- 
 shedji, was carried into execution on the 
 16th of June next. On the 2d of July, 
 the Panchayat, in considering the contents 
 of several petitions presented them by Jem- 
 
76 THE P ARSIS, 
 
 sliedji Behramji, entreating forgiveness for 
 his offence, and restitution to the rights of 
 his countrymen, announced that Jemshedji 
 should humbly implore the pardon of the 
 Panchayat in public, where he should 
 make his appearance with a patkd round 
 his neck, and immediately after undergo 
 the humiliating process of purification, to- 
 wards re-admission into the society; that 
 he deposit the sum of two thousand rupees 
 with the Panchayat towards the mainte- 
 nance of his first wife, restoring to her at the 
 time all her jewellery and other property, 
 and that he discharge to the Panchayat the 
 Dhoti (or cloth) fine. Jemshedjfs second 
 wife was also obliged to go through the 
 ceremony of purification, and to pay as well 
 a Dhoti fine. 
 
 Another instance of Spartan determina- 
 tion of character transpired a few years after- 
 wards. The Panchayat had by proclama- 
 tion abrogated an extravagant fashion which 
 prevailed of circulating cooked dinners, 
 with confectionery and fruit, on peculiar 
 
OR MODERN ZERDUSTHIANS. 77 
 
 occasions following the death of a kinsman. 
 A sister of one of the gentlemen of the 
 Panchayat very soon after violated this 
 bandubast, and upon its gaining the ear 
 of one of his colleagues, he instantly order- 
 ed the seizure of the dishes, without regard 
 to the prominent situation of the town in 
 which the order would be executed, or the 
 umbrage it might give a distinguished 
 family. So soon as the seizure was effected, 
 a number of indigent Parsis were collected 
 at an Agheri, where they were treated upon 
 the feast, while the brass and silver plate 
 were confiscated. Intimation was then 
 made to the party whose relative had trans- 
 gressed the Panchayat's order, calling upon 
 him at the same time to discharge his own 
 important obligations to the assembly by 
 making an example of the delinquent. The 
 member of the Panchayat instantly ap- 
 plauded the conduct of his colleague in the 
 affair, consented to the meeting of the Pan- 
 chayat the very next day, when and where 
 he expressed his marked disapprobation of 
 
78 THE PARSIS, 
 
 the occurrence, and caused one of his 
 erring sister's sons to pay on her behalf 
 the Dhoti fine. 
 
 Alterations were, however, now in vogue ; 
 and a clever writer, a Parsi gentleman too, 
 Shet Manakji Karshedji, in summing the 
 proceedings of past and present members of 
 the Panchayat, (in a series of letters addressed 
 to a Bombay newspaper, under the signa- 
 ture of " Q. in the Corner") very tersely 
 observes : — " The former strove to maintain 
 the sacred principle of treating the poor and 
 rich alike, the latter were bent upon sacri- 
 ficing that inestimable principle ; the former 
 were for assembling the Panchayat, from 
 time to time, in the usual manner, in one of 
 their public places of worship, the latter could 
 not bear the idea of having their measures 
 openly canvassed by the public, and were 
 for having instead, private meetings in their 
 houses and offices ; the former were for 
 continuing to a class of Parsis, called Pas- 
 thdkiyds, the privilege which they enjoyed 
 for nearly half a century, of celebrating the 
 
OR MODERN ZERDUSTHIANS. 79 
 
 first day of particular gambars by giving a 
 feast to the whole community, while the latter 
 w T ere for conceding the privilege to one of 
 their friends ; the former were for excommu- 
 nicating any Parsi who kept intercourse with 
 any of the offenders then expelled from 
 among them, but the latter would, and did, 
 themselves eat and drink with those out- 
 casts, even in Bombay, although the rules 
 prohibited all from doing so ; in short, one 
 after another, each and every one of the rules 
 and regulations passed by the late Pancha- 
 yat for the better government of the Parsis, 
 have either directly or indirectly been suf- 
 fered to be violated and trampled upon by 
 these newly-made leaders ; but the last, 
 though not the least, cause of the division 
 between the said old and newly-made 
 leaders, was the encouragement given on 
 the part of the latter to the unhappy re- 
 establishment of the custom of bigamy 
 among the Parsis, and which the old mem- 
 bers strove hard to check and annihilate; 
 and for which offence a number of their 
 
80 THE P ARSIS 
 
 countrymen, from time to time, were ex- 
 communicated." Such were the objections 
 urged ten years ago by a member of the 
 community. 
 
 A Panchayat still exists, but rather in 
 character as a committee for the distribution 
 of funds collected for charitable purposes, — 
 the humiliating admission of "limited autho- 
 rity" in the memorial to Lord Auckland, 
 of the 21st November 1838, — than the 
 " efficient authority to control the vicious 
 and encourage the virtuous." To the letter of 
 the British Law do the Parsis now turn in 
 every instance where justice is sought, and 
 freedom from ancient and unseemly fetters 
 is thus shown ; to the spirit of the British 
 character they should now direct the minds 
 and energies of their offspring — thence 
 they themselves will derive more durable 
 happiness, present a noble rivalry as a race 
 to surrounding natives in properly applied 
 emulation, and bequeath that inheritance 
 for which generations to come will honour 
 them. That character does not consist so 
 
OR MODERN ZERDUSTHIANS. 81 
 
 much in enterprise, or enthusiasm, or the 
 honest pride of self-created wealth, or the 
 veneration of ancestry, to be found as fairly 
 developed in Parsis as in Englishmen; 
 but it is in those principles which will per- 
 mit them patiently to endure misfortune 
 — whether poverty, undeserved calumny, 
 or other calamity — and to tread the great 
 battle-field of life, even in the face of dis- 
 asters, with the discipline of the soldier, and 
 the well-sustained fortitude of the hero. 
 
 F 
 
82 THE PARSIS, 
 
 SECTION V. 
 
 Aptitude for Business and enterprising Spirit. — Partiality 
 to Europeans. — Visiters to Europe. — Bankers to Native 
 Chieftains, and of those engaged in a political Capacity. 
 
 In noticing the disposition of the Parsis, 
 the writer has urged their gaiety of manner, 
 their warmth of heart, their sociality of 
 spirit among themselves, and a leaning to 
 benevolence generally. In the business con- 
 cerns of life, again, Parsis are apt, shrewd, 
 industrious and persevering ; keenly alive 
 to their pecuniary interests, and prompt in 
 availing themselves of an advantage, what- 
 ever the hazard or detriment to the party 
 bargaining. To their unwarlike character 
 must be attributed that pursuit of traffic 
 which had engrossed their attention for 
 centuries since their landing in Hindu sthan ; 
 and, as has already been observed, the bent 
 of the mind is still " purely commercial." 
 
OR MODERN ZERDUSTHIANS. 83 
 
 It is only of late years that they have 
 betaken themselves to employment under 
 Government, and other avocations. Thirty 
 years ago there were but two Parsis em- 
 ployed as English copyists in a Government 
 office, and some half-a-dozen in counting- 
 houses : not only public offices, but banks, 
 merchants' and attorn ies offices, are now 
 literally crowded with them. The tendency 
 is wholly European, and this tendency both 
 time and circumstance are likely to improve. 
 While with that class who are not required 
 to earn their livelihood from their indepen- 
 dent means, not only do they profess a de- 
 light in English literature, but they subscribe 
 to and read the newspapers of the day, and 
 are members of literary societies. Another 
 age will offer no singular statistics if this 
 spirit of improvement should happen to 
 continue : another generation will be either 
 infidel, or adopt a faith more consonant 
 to reason, and more worthy of Him who is 
 adored. 
 
 Parsis were the first people in India 
 
84 THE PARSIS, 
 
 who made fermented liquors. The sack 
 which killed the celebrated pedestrian, Tom 
 Coiyate, at Swali, at the mouth of the river 
 Tapti, is no other than the mdurd, and the 
 beurd* is another variety of it. Arrack 
 has also been distilled bv the Parsis for 
 centuries ; this arrack was the ordinary 
 liquor of Europeans in India to the close 
 of the last century. To this dav, a Parsi 
 holds the contract from the Government of 
 Bombay for the supply of arrack, and 
 another the contract of the tobacco farm. 
 
 Other speculations have attracted atten- 
 tion. A Parsi contractor constructed, at 
 the expense of Lady Jemshedji Jijibhai, 
 the Causeway between Mahim and Ban- 
 dura ; and the same party, it has been stated, 
 holds the contract for completing the line of 
 railway from Persick Point to Kalian. 
 Parsis, some twenty years ago, owned 
 almost the whole of the splendid country 
 
 * The beurd, it ought to be remarked, is extracted from 
 the wet fruit of the Date Palm {Phoenix dactylifera), im- 
 ported from the Persian Gulf. 
 
OR MODERN ZERDUSTHIANS. 85 
 
 maritime fleet that used then to trade be- 
 tween Bombay and China; and not very 
 long ago, some three or four Parsi families 
 owned a very large proportion of the land- 
 ed property in the Island of Bombay. The 
 moment that the Local Government threw 
 open to the native public large plots of 
 land in the island of Salset upon tenures 
 worth the possessing, the Parsis were the 
 principal applicants. Carrying out the same 
 earnest, enterprising spirit, Shet Framji 
 Kauvasji introduced the culture of the 
 sugar-cane, mulberries, silk, and a variety 
 of other exotics to the soil and to its natives. 
 Others of the Parsi landed gentry of Salset 
 constructed wells and roads, and, where 
 desirable, introduced salt-pans. The bene- 
 volent measures of Sir Jemshedji Jijibhai 
 are world-wide. Dr Buist, in furnishing, 
 in the "Annals of India for 1848," a state- 
 ment in detail of the munificent acts of the 
 Parsi knight, which in twenty-six years cost 
 him " more than a quarter of a million 
 sterling," makes the following very perti- 
 
86 THE P ARSIS, 
 
 nent observation : — " History contains no 
 example of a merchant, yet in the enjoyment 
 of a green old age, still deeply engaged in 
 business, who has neither heritage nor 
 legacy left him, and whose fortune has 
 arisen from the earnings of his own enduring 
 enterprise and ability, with all his faculties 
 in the most perfect integrity, and with a 
 numerous nourishing and affectionate family 
 around him, conferring sums so enormous 
 as those enumerated, for purposes of phi- 
 lanthropy."* The Lauji family were brought 
 
 * The following stanzas, from the pen of the writer of 
 this brochure, appeared in the " Gentleman's Gazette" a 
 Bombay newspaper, on the 22d January 1849. They ac- 
 companied an Anglo- autograph signature of Sir Jemshedji 
 Jijibhai, the Parsi Knight of Bombay, forwarded to a 
 lady in England who was forming a collection of such 
 souvenirs : — 
 
 What if an Eastern name you trace 
 
 Upon the tablet that I send ? 
 That name you must but justly place 
 
 If with the good you would it blend. 
 
 Here 'mid the thousands of a race 
 " The human" 'tis unaptly styled; 
 
 How little of it human — grace 
 
 The man, the woman, or the child ! 
 
OR MODERN ZERDUSTHIANS. 87 
 
 to Bombay from Surat in 1756, in conse- 
 quence of their skill as master shipwrights ; 
 
 Cunning and wealth attract it young — 
 With growing years this Hindu clay 
 
 O'er dark corruption well hath flung 
 
 The strength of youth, its manhood's day ! 
 
 Among them rise a stranger band, 
 
 Expatriated from their home ; 
 Yet o'er this sterile, sunny land 
 
 Their enterprise and fame are known ! 
 
 Within this throng a name is shown 
 
 Familiar o'er the Indian seas — 
 Commerce and charity have borne 
 
 It far with each benignant breeze ! 
 
 That name is too a household name 
 
 Within the compass of our Isle ; 
 And well the Gabar's deeds may shame 
 
 Full many a generous wile — 
 
 Of Christian (with his glorious creed), 
 
 That cymbals forth his charity ; 
 And if the hand be stretched in need, 
 
 The world should know it readily. 
 
 Go ! view yon pile,* which lowly rears 
 
 Its graceful, elongated frame — 
 There, in that pile, the suff'rer shares 
 
 Comfort and care he ne'er could name ! 
 
 * The Sir Jemshedji Jijibhai Hospital will remain a monument of 
 benevolence and sincere human sympathy, only fairly appreciated 
 when its princely founder will have gone from his generation. 
 
88 THE PARSIS, 
 
 and members of the family continue to this 
 day in the East India Company's Dock- 
 yard in the like capacity, — drawing the 
 most lucrative salaries. 
 
 Free at his feet assistance flow — 
 
 To probe the wound, or heal the sore, 
 
 Arrest the fever's raging glow, 
 And kill the danger to its core. 
 
 Thence turn thy gaze, and dwell a while 
 
 Upon the multitudes that cling 
 Restless and busy — yet who smile 
 
 Around the wells whose gen'rous spring 
 
 Supplies the waters which they need ; 
 
 But in these sultry climes alone 
 We careful prize, as guarded heed 
 
 The crystal stream 'gainst drought well known. 
 
 " These wells you see," the drawers say, 
 " Were form'd by him who knows the poor ; 
 
 If these sustain in famine's day, 
 Never to them is closed his door !" 
 
 And those exploits sublimely great — 
 
 Philanthropy enshrines right well ; 
 Of which we read or proudly prate, 
 
 At his behest instinctive swell ! 
 
 The leper's home — the beggar's hall — 
 
 The kindly word in sorrow's strife — 
 The ready purse, assuaging all 
 
 The agony and curse of life. 
 
OR MODERN ZERDUSTHIANS. 89 
 
 The Parsis and English have maintained 
 a steady intercourse since the settlement of 
 the latter at Surat ; indeed, Parsis have 
 
 Oh ! such a name is worthy place 
 
 In higher record than the page 
 Which marks the ev'ry written trace 
 
 Of statesman, soldier, and of sage ! 
 
 The Rothschild of his exil'd race — 
 
 The Gresham of our Eastern isle — 
 The Wilberforce in deeds of grace ! 
 
 Vainly doth fancy thus beguile ? 
 
 Few are the good beneath the sun 
 We rightly prize when here with us ; 
 
 But like yon orb, the race when done, 
 We know the worth then lost to us. 
 
 How cold had been our very praise — 
 How oft unjust the wrongful thought — 
 
 Employ'd our prism to tell his rays, 
 
 When diffrent spheres had own'd our lot ! 
 
 Ah ! in those realms his faith doth own 
 
 Beyond the nether ken of earth ! 
 If virtues rare have brighter shone 
 
 Among their own high kindred birth — 
 
 There, nigh Divinity — the bless'd — 
 
 A glorious as a longer reign : 
 By equal spirits well caress'd, 
 
 I know how justly he'll sustain ! 
 
 9th November 1848. 
 
90 THE PARSIS, 
 
 ever shown a partiality for Europeans. A 
 good many families may still be seen in the 
 now ruined port of Daman, appertaining to 
 the Crown of Portugal. Numbers of Parsis 
 speak the garbled Portuguese, in use in 
 India, with ease and fluency ; particularly 
 those who have been any time resident 
 either at Macao in China, or in Daman. 
 Some are acquainted even with French : 
 the late Bhikaji Ratanji, a Parsi merchant, 
 resident for many years at the Mauritius, 
 was almost French in character, and wholly 
 so in habits and manner of living. Louis 
 Philippe, King of the French, presented the 
 late Shet Jehangir Nasarwanji Wadiya 
 with a gold medal, for the civilities paid his 
 subjects upon visiting Western India. The 
 late Shet Jijibhai Dadabhai also received 
 some nattering mark of the approbation of 
 the French Government. Shet Manackji 
 Karshedji met with a most distinguished 
 reception from the French monarch, on a 
 visit paid to the Court of the Tuilleries. 
 While at Paris, Manackji was made a Free- 
 
OR MODERN ZERDUSTHIANS. 91 
 
 mason by the French fraternity ; since then, 
 others of his community have been initiated 
 by the craft, in a lodge opened for the 
 express purpose of admitting the natives 
 of India. 
 
 When the Puritan chaplain of the Eng- 
 lish factory at Surat — Mr Henry Lord- 
 published his work on the strange sects of 
 the Parsis and Vanias, public attention was 
 certainly engrossed by a subject which led 
 to important disquisitions for nearly two 
 centuries afterwards. The writer cannot 
 trace, however, the visit of a Parsi to 
 Europe before the close of the last century ; 
 and this is only casually noticed in an 
 edition of Edmund Burke's Life and 
 Writings, Maniar, a Parsi, accompanied 
 by Haniman, a Hindu, appear to have then 
 visited England as the agents of Baji Eau 
 the Peshwa. They lived during the year 
 1781 at Beaconsneld, the residence of the 
 illustrious English statesman: they conform- 
 ed to their Indian mode of living, and 
 especially to Indian diet, Both Parsi and 
 
92 THE PARSIS 
 
 Hindu appear to have suffered severely 
 during the winter. They returned to India 
 in the course of the following year. The 
 Peshwas letter to Mr Burke has never 
 been traced, but the statesman's communi- 
 cation in reply favourably names both his In- 
 dian acquaintances. To both he applies the 
 expression caste. This Maniar, the Pars/, 
 belonged to the Mancharji Shet family, 
 of Surat, who possess a portrait of him 
 taken in oil-colours. The present members 
 of the family merely remember his voyage 
 to Europe ; his papers with reference to this 
 important voyage were destroyed by the 
 great fire, which consumed their own house, 
 along with numbers of others, some forty 
 years ago. Just half a century afterwards 
 from the time of Maniar's visit to London, 
 a number of spirited young Parsis, of the 
 most respectable families of their com- 
 munity, proceeded to London, bent upon 
 information. Of these young men, Shet 
 Manakji Karshedji seems to have been best 
 known to the European public, from the 
 
OR MODERN ZERDUSTHIANS. 93 
 
 notice taken of him by members of the haut 
 noblesse, of Britain.* Shet Ardeshir Kar- 
 shedji, of the Lauji family, devoted his stay 
 in England to the study of mechanical en- 
 gineering, and his companions to the recent 
 improvements in ship-building. The mem- 
 bers of the Court of Directors of the East 
 India Company paid these gentlemen every 
 personal attention, and promoted the pur- 
 poses of their visit, 
 
 Rare instances offer among the Parsis as 
 financiers to crowned heads, or holding 
 diplomatic position. The late Shet Boh- 
 manji Mancherji Bhaunagri acquired a 
 fortune from humble beginnings in the ter- 
 ritory of the Thakur of Bhaunagar ; his son 
 obtained a palki — a mark of honour among 
 native chieftains — from the Nawab of 
 Suchin, and was highly esteemed by both 
 Mr Williams and Mr Sutherland, who suc- 
 cessively held the high post of Resident at 
 Baroda. The failure of the great banking- 
 
 * Appendix C. 
 
94 THE PARSIS, 
 
 house of Vikaji Meherji at Bombay has 
 been attributed to an unsettled liability of 
 more than £400,000 sterling, claimed of 
 His Highness the Nizam's Government. 
 The opulent firm of Sir Jemshedji Jijibhai 
 has been for years, it is stated, the banking- 
 establishment of several Indian potentates. 
 The family of the daring native magistrate 
 under the Bombav Government — Ardeshir 
 Danjishah Khan Bahadur — were noticed 
 by the Mogul Emperors of Delhi, through 
 the talent shown by an ancestor in watch- 
 repairing, which led to the management of 
 Jao4nrs. A descendant of this artisan was 
 the agent of the Government of Bombay in 
 procuring the last phirmdn, or imperial 
 authority, which they solicited or ever 
 required. Another member of the same 
 family was killed in the performance of a 
 delicate but trying duty intrusted to him 
 by our political chief at Surat. Manakji 
 Meherwanji Wakhariya was agent for the 
 Bombay Government at Surat for some 
 time. Shet Karshedji Manakji was the 
 
OR MODERN ZERDUSTHIANS. 95 
 
 great Commissariat contractor to the Bom- 
 bay forces towards the close of the last 
 century, when the British were battling with 
 political annoyances with empty coffers. 
 
 The brilliant, yet unfortunate, career of 
 the most distinguished of their community 
 who undertook the task of Government, 
 deserves more than a hasty notice. During 
 the period (extending from the year 1801 to 
 1809) of Colonel Close's political embassy 
 at Puna, at the Court of the Peshwa, — " he 
 was," according to Grant Duff, the historian 
 of the Maharatas, " in the habit of receiving 
 native visiters through an agent, a Parsi, 
 named Khasruji, familiarly styled the 
 Mudi : a person of comprehensive judg- 
 ment, and of great address, who soon 
 obtained considerable influence over his 
 master. Sadashiu Bhau Mankesir, or 
 Mankesvar, (the accredited authority of the 
 Government of Puna, in correspondence with 
 the British Ambassador,) and the Mudi soon 
 formed a compact ; and having united with 
 them Biyaji Naik, a Hajra, or personal 
 
96 THE P ARSIS 
 
 servant of the Peshwa, by whom Biyaji 
 was much trusted as a spy, they contrived 
 to persuade Bajirau (the Peshwa) that by 
 gaining Khasruji to his interests, he might 
 command the services of the British Presi- 
 dency : a proposal well suited to the mind 
 of Bajirau, by whom no means were spared 
 to attain an end so desirable. The trium- 
 virate, in all probability, participated in the 
 spoils ; and all intercourse, public as well as 
 private, went on so agreeably by the agency 
 of those persons, that there was no cause 
 of dissatisfaction. Any subject likely to 
 occasion unpleasant discussion was either 
 postponed, or so arranged, that before being 
 brought forward on either side, it was 
 smooth of its asperities : so that little diffi- 
 culty remained in the adjustment. The 
 services of Colonel Close during this year 
 (1810) were called for, on a very important 
 occasion, to Hidarabad, and he never re- 
 turned to his situation at Puna. Mr Henry 
 Russell succeeded to the temporary charge 
 of that residencv, until the return of 
 
OR MODERN ZERDUSTHIANS. 97 
 
 Mr Elphinstone from a mission to Kabul, 
 and the same harmony continued to prevail. 
 Khasruji, though a servant of the British 
 Presidency, had been permitted to accept 
 the high office of Sarsubedar (Deputy Lord- 
 lieutenant of the Karnatik) under the Pesh- 
 wa's Government, and he appointed as his 
 deputy, a Brahmin named Bapu Sane. Mr 
 Elphinstone's personal interference in all the 
 affairs of his bureau, with the additional cir- 
 cumstance of a misunderstanding between 
 Mankesir and Khasruji, led the latter to 
 avail himself of such influence as he possessed 
 to bias the mind of the Peshwa against our 
 political resident, whom he alleged enter- 
 tained the same views as General Wellesley 
 (the late Duke of Wellington), against 
 whom Baji Ran had an unwarrantable dis- 
 like. Though many endeavours were made, 
 by resuscitating old and mixed inquiries, 
 towards Khasruji being reinstated in his 
 former position at the residency, the Pesh- 
 wa "had soon reason to acknowledge the 
 impartiality of the resident, on the subject 
 
 G 
 
98 THE P ARSIS, 
 
 from which his chief prejudice against him 
 had arisen." From a love of political in- 
 trigue, which argued that those who acted 
 for him might as often oppose him, he 
 nominated Khasruji to the office already 
 named. The Parsi's antagonist in the good 
 will of the Peshwa took occasion not long 
 after to acquaint his chief with certain mal- 
 practices of Khasruji in his government ; 
 but as he was a servant of the British, sun- 
 dry charges were presented against him to 
 the political resident by three of the crea- 
 tures of the Peshwa and Mankesir. So 
 soon, however, as his recall was effected, 
 the Peshwa personally interfered to prevent 
 further investigation, and the matter was 
 burked with his personal presence in the 
 vicinity of Puna. Mr Elphinstone subse- 
 quently urged the incompatibility of Khas- 
 ruji being the governor of a Maharata 
 province, and his confidential employment 
 with his mission ; and required that a pre- 
 ference should be given for his future engage- 
 ments ; — he quitted the Peshwa s service 
 
OR MODERN ZERDUSTHIANS. 99 
 
 for the British. But the continued ill- 
 deportment of Khasruji Mudi, " which from 
 the first had not escaped the resident's 
 observation, became such as to render it 
 necessary to remove him from Puna : in 
 order to prevent, as far as possible, the bad 
 effects of the dangerous opinions which he 
 inculcated. His past services entitled him 
 to all due consideration from the British 
 Government ; and it would have been both 
 difficult and ill-judged to have proved the 
 circumstances by which he had forfeited his 
 claim to its reward. A liberal provision 
 was, therefore, made for him in his native 
 province, Gujarat ; but, about the eve of his 
 intended departure (18 14) he died by poison. 
 Whether it was administered by others, or 
 taken wilfully or accidentally by himself, 
 could never be discovered, although the case 
 under went a long and strict investigation. 
 If he knew more secrets, with respect to 
 foreign intrigues, than Baji Ran and Trhn- 
 bakji Dangha (the Peshwas premier) 
 thought fit to trust to any third person 
 
100 THE PARSIS, 
 
 beyond their own power, his death may be 
 imputed to their machinations ; but it was 
 the general opinion of the people at Puna, 
 that he had poisoned himself through a fear 
 of the loss of reputation, when, by removal 
 from power and office, his corrupt practices 
 might become public. It is, however, re- 
 markable, that in succession to this general 
 report, the Peshwa, who had before quashed 
 the proceedings against him, now became 
 his accuser ; and Bapu Sauni, the deputy of 
 the deceased, was called upon by Baji Eau 
 to account for the defalcation, bribery, and 
 corruption of his master. During the pro- 
 ceedings, Bapu Sauni died suddenly — of 
 fright, it was said, at what he might expect 
 if proved delinquency threw him into the 
 power of Trimbakji Dangha." 
 
 Much may be added regarding the ec- 
 centricities of particular families, but that 
 tenderness to the feelings of their surviving 
 relatives and friends forbids it. The follow- 
 ing is so well known, that the writer does 
 not hesitate in giving it : — The celebrated 
 
OR MODERN ZERDUSTHIANS. 101 
 
 Enti (signifying " the proud ") family of 
 Sural, had bequeathed to them a quarter of 
 a million sterling, acquired in commercial 
 speculations by their father. The family 
 disagreed among themselves as to its appor- 
 tionment, and the matter was referred to the 
 Zilla Court; the money, of the old Surat 
 currency, in the meanwhile being very care- 
 fully stored. After twenty years' litigation, 
 the treasure-vaults were opened ; and, upon 
 payment of legal charges, and allowing for 
 depreciation in value of the old coin, some- 
 thing like seven lakhs of rupees were divided 
 among the surviving members. 
 
 Mention might also have been made of 
 the different families now holding position 
 among the community, only that the writer 
 did not undertake to render the present 
 publication a reference for pedigrees. But 
 one family among the Parsis, by their own 
 report, can trace anything like an ancestry, 
 — that of the Dad! Shet, — and even they 
 not beyond five generations. 
 
PEOPER NAMES 
 
 OK 
 
 THE PARSIS OF BOMBAY. 
 
 Men. 
 
 Terminations in shah. — Behram, Bohman, Dhin, 
 Dhanji, Dara, Man char, Pheros, Sohorab, — 
 as BehramsA«/i, &c. 
 
 Terminations in bhcii. — Dada, Dhosa, Dhanji, 
 Hirji, Jiji, Nana. 
 
 Irregular Terminations. — Ardeshir, Jehangir, 
 Kaikhasru. 
 
 Terminations in^Y. — Auder, Aspandhiyar, Bapu, 
 Barjor, Behram, Bezan, Bhika, Bohman, 
 Dorab, Dhan, Edal, Fram, Fromaz, Fardun, 
 Gusthad, Hir, Hormasd, Jemshed, Jamas, 
 Jiva, Jivan, Kauvas, Karshed, Khaikobad, 
 Kuvar, Lim, Manak, Mancha, Meher, Me- 
 herwan, Nasarvan or Nashirvan, Nauroz, 
 Pestan, Palan, Ratan, Rustam, Shapur, So- 
 horab, Tamul, Venka, Vika. 
 
104 PROPER NAMES. 
 
 Women. 
 
 Terminations in bed in India, and bhcinu in 
 Persia. — (The significations of most of the 
 names are given.) — Suna {Gold), Rupa 
 {Silver), Mothi {Pearl), Hira {Diamond), 
 Phiroz {Turquoise), Miti {Siveet), Gul {Rose), 
 Malik {Ruby), Shirin {Delightful), Jar (Gold- 
 Thread), Ratan {Emerald), A van {Air), 
 Kuvar {Royal), Dhan {Wealth), Chandan 
 {Moonlight), Khursad {Sun), Bhikai, Dhan- 
 byi, Navaz, Vilar, and Sakar-Vahu {Sugar- 
 like) ; Dhin and Meher (names of two of 
 their angelic host). 
 
APPENDIX. 
 
107 
 
 A. 
 
 GUJAKATI PUBLICATIONS. 
 
 The Bombay Samdchdr (News), Sunday and 
 Thursday. 
 
 The Jdm-i-Jdmshid (Goblet of Jamshid), 
 Wednesday and Saturday. 
 
 The Chdbuk (Whip or Lash), and Bombay 
 Harhdru (Courier), Monday and Friday. 
 
 The Samdchdr Darpan (News), daily. 
 
 The Rdsht-i-Goftr (Truth-teller), Sunday. 
 
 The CMtr-Dnydn Darpan (Illustrated Know- 
 ledge), Tuesday and Friday. 
 
 The Parsee Reformer, Wednesday and Satur- 
 day. 
 
108 APPENDIX. 
 
 B. 
 
 To the Honourable the Governok General, 
 and Legislative Council of India, 
 Calcutta. 
 
 The humble Petition of the under- 
 signed principal Parsees, Inhabitants 
 of Bombay, and Subjects of His Bri- 
 tannic Majesty, 
 
 Most respectfully showeth, — That the Parsees, 
 from the time of the arrival of their ancestors 
 in India, have been a distinct race ; and although 
 they may have adopted in some degree the dress 
 and usages of the Natives of India, with whom 
 they have intermingled, they have, as far as cir- 
 cumstances would permit, observed the forms of 
 worship which were preserved by their ancestors, 
 and such customs and regulations as have come 
 down by tradition to the living generation. They 
 are at the present time as distinct from Hindoos, 
 Mahomedans, and Christians, as the Parsees who 
 first found their way to India. 
 
 2. Your petitioners further have to state, that 
 not having had any regular code of law which 
 had prevailed in ancient times for their guidance 
 respecting the succession to property after the 
 death of persons of their religion, the Parsees 
 
APPENDIX. 109 
 
 have generally divided the property, immovable 
 and movable, of a deceased person, who has 
 died without making a Will, according to certain 
 usages, which have prevailed amongst the most 
 wealthy and respectable families, and in some 
 instances corresponding with the mode of distri- 
 bution or division which has obtained amongst 
 the Hindoos in this part of India. 
 
 3. These usages have so long been submitted 
 to, and have been followed in so many instances, 
 from generation to generation, that they have by 
 many persons been considered to have the force 
 of law. 
 
 4. It has also been the custom of the Parsees 
 for many years past to make Wills in the English 
 and in the Guzratty languages, and when the 
 Wills have been made by a person of sound mind, 
 and free from fraud, their validity has always been 
 admitted, although not formally prepared or 
 witnessed, according to the rules said to exist in 
 England when the Wills of landed proprietors 
 are executed. 
 
 5. Such Wills, from the time of the establish- 
 ment of the Mayor's Court at Bombay, have 
 been proved, and no instance is remembered by 
 your petitioners in which the Will of a Parsee, 
 dividing landed property, has been set aside, 
 because it was not executed in the presence of 
 three witnesses. 
 
 6. Until a very recent period, no questions 
 have been raised respecting the rights of Parsees 
 
110 APPENDIX. 
 
 to divide their landed property by Wills such as 
 have been described, or to divide houses, oarts, 
 lands, and pieces of ground, between the widows 
 and children of Parsees who have not left Wills 
 according to the usages before alluded to ; and 
 no distinction has existed from the nature of im- 
 movable and movable property ; for, as with 
 Hindoos and Mahomedans, both kinds have been 
 valued and disposed of alike. 
 
 7. This was the state of things, your petitioners 
 humbly represent, when the Recorders Court 
 was established; and when, for the first time, 
 it was declared at Bombay, that in all actions 
 and suits against the inhabitants of Bombay, 
 their inheritance and succession to lands, rents, 
 and goods, and all contracts and dealings be- 
 tween party and party, should be determined, 
 in the case of Mahomedans, by the laws and 
 usages of Mahomedans ; and in the case of Gen- 
 toos, by the laws and usages of Gentoos ; and 
 when only one of the parties shall be a Maho- 
 medan, or Gentoo, by the laws and usages of 
 the defendant, 
 
 8. The Parsees were at that period as distinct 
 from all classes, who were then governed by 
 English law, as either Mahomedans or Gentoos ; 
 but they appear to have been left unnoticed by 
 the legislature, no doubt because the charter of 
 the Court at Bombay was made like the charter 
 of the Courts at Madras and Calcutta, where 
 few Parsees resided. 
 
APPENDIX. Ill 
 
 9. The inconvenience, however, was not felt 
 while Parsees agreed among themselves, and kept 
 themselves, and their family disputes and differ- 
 ences, from being taken into the Recorder's and 
 Supreme Court ; but persons who are interested 
 in promoting litigation have of late prevailed on 
 Parsees to institute suits and actions in the 
 Supreme Court, and to contend that as Parsees 
 are neither Hindoos nor Mahomeclans, the in- 
 heritance and succession to lands, rents, and 
 goods, should be determined according to Eng- 
 lish law ; that land in Bombay is freehold pro- 
 perty, and that the eldest son, as heir-at-law, is 
 entitled to inherit houses and land to the exclu- 
 sion of his brothers ; and that all Wills not exe- 
 cuted according to English law are null and 
 void. 
 
 10. If the Supreme Court should determine 
 in favour of the claims last enumerated, the great- 
 est ruin and mischief would be occasioned ; the 
 present title to two-thirds of the land on the 
 Island of Bombay would be disturbed ; Parsees 
 who noAv hold possession of valuable property, 
 either in virtue of arrangements with their 
 brothers and other relations, or by descents from 
 them, and persons who have purchased from 
 younger sons of Parsees, may all be involved in 
 litigation, and ruinous consequences must ensue. 
 
 11. Your petitioners therefore most respect- 
 fully solicit that you will be pleased, in conjunc- 
 tion with your Legislative Council, to pass a 
 
112 APPENDIX. 
 
 regulation, conforming and making valid all that 
 has been done respecting the partition in the sale 
 and purchase of landed properties, of whatever 
 nature, where no fraud has prevailed ; and fur- 
 ther declaring that all persons lawfully claiming 
 under them, who have been in the undisturbed 
 possession of lands, houses, oarts, or other im- 
 movable property within the Island of Bombay 
 during the period of twenty-five years now last 
 past, in virtue of any Will, or of any partition, 
 or division, or other family arrangement, or of 
 any arbitration or award acquiesced in or car- 
 ried into effect, or of any agreement lawfully 
 entered into, shall be guaranteed in the pos- 
 session of such property, and not be liable to 
 be dispossessed thereof by any action, suit, or 
 other proceedings. 
 
 12. That this is the object of your petitioners : 
 but they submit to the wisdom of the Legislative 
 Council as to the best mode of preventing litiga- 
 tion, which may seek to disturb just and honest 
 transactions which have been entered into by 
 Parsees, and by other persons who have pur- 
 chased property from them, under the belief that 
 such transactions were lawful, and according to 
 the usages which had long prevailed among 
 Parsees at Bombay. 
 
 13. That if this application cannot be com- 
 plied with on the representation of your peti- 
 tioners, they entreat the Legislative Council 
 that they will, with the least practicable delay, 
 
APPENDIX. 113 
 
 cause inquiry to be made at Bombay respect- 
 ing the usages and customs that have hitherto 
 prevailed among Parsees at Bombay, in respect 
 of the making of Wills, and the partition of 
 property ; to the end that some legislative pro- 
 visions may be made to conform all that has 
 been done in virtue of such Wills, and in con- 
 formity with such usages and customs, and 
 without fraud ; and to protect those who may 
 now be in the quiet possession of immovable 
 property from future litigation. 
 
 14. Should your Honourable Government, 
 in its wisdom, deem it expedient to consult the 
 Honourable the Judges of His Majesty's Supreme 
 Court of Bombay on this most important subject, 
 we feel convinced their Lordships will bestow 
 every consideration upon it, and suggest what 
 they may deem necessary and expedient for the 
 fulfilment of the urgent request we have thus most 
 respectfully submitted to your consideration. 
 
 And your petitioners, as in duty bound, will 
 ever pray. 
 
 NOWROJEE JAMSETJEE, 
 
 And others. 
 Bombay, 20th November 1835. 
 
 To the Right Honourable Sir Robert 
 
 Grant, G. C. H., Governor and 
 
 President in Council, &c. &c. &c. 
 
 Right Hon. Sir, — We have the honour to 
 
 enclose herewith a Petition addressed by the 
 
 IT 
 
114 APPENDIX. 
 
 body of our nation to the Legislative Council of 
 India ; which we have most respectfully to re- 
 quest your excellency will be pleased to forward, 
 with such recommendation as in your wisdom 
 it may merit. 
 
 We have the honour to be, 
 Right Honourable Sir, 
 
 Your most obedient Servants, 
 
 NOWROJEE JAMSETJEE, 
 Bombay, 23d March 1836. And others. 
 
 No. 348 of 1837. 
 Bombay Castle, 28th February 1837. 
 
 Judicial Department. 
 Gentlemen, — With reference to my letter, 
 dated the 23d of August last, No. 1461, I am 
 directed to transmit, for your information, the 
 accompanying copy of a letter from the Secretary 
 to the Government of India, dated the 30th ult., 
 with enclosures; and to inform you, that the 
 Right Honourable the Governor in Council will 
 be happy to learn your sentiments regarding the 
 proposed enactment, and to take into considera- 
 tion any objections which the Parsee community 
 generally may have to urge against its provisions. 
 I have the honour to be, Gentlemen, 
 Your most obedient Servant, 
 
 J. P. Willougiiby, 
 Secretary to Government. 
 
 To Nowrojee Jamsetjee, Esq., and others, 
 
 Parsee Inhabitants of Bombay. 
 
APPENDIX. 115 
 
 No. 8. 
 
 To E. H. Townsend, Esq., 
 
 Acting Secretary to the Government of Bombay. 
 
 Legislative. 
 
 Sir, — With reference to your letter, No. 999, 
 dated the 6th June last, with its enclosures, I am 
 directed to forward to you, for submission to the 
 Right Honourable the Governor in Council, the 
 accompanying copy of a Resolution, and draft 
 of proposed Act, having for its object to quiet 
 the possession of estates already acquired by 
 Parsees in the way of succession, whether ac- 
 cording to the English Law of Inheritance, which 
 might hitherto have been judicially applied to 
 the case of such estates, or in pursuance of 
 usages or family partitions acted on or acquiesced 
 in by the parties whose interests were concerned; 
 and to fix the law by which the succession to 
 the estates of Parsees, either by inheritance 
 or testamentary disposition, is to be regulated 
 in future. 
 
 2. The draft will, of course, be published in 
 the Official Gazette of the Presidency of Bombay; 
 and I am desired to request, that any representa- 
 tion which may be offered on the subject may be 
 submitted for the consideration of His Lordship 
 in Council, accompanied by the sentiments of 
 
116 APPENDIX. 
 
 the Right Honourable the Governor in Council, 
 with reference to such representation. 
 I have the honour to be, &c, 
 
 (Signed) W. H. Macnaghten, 
 
 Secretary to the Government of India. 
 
 Fort William, SOth January 1837. 
 
 (Copy.) 
 Fort William, Legislative Department. 
 
 The 30th January 1837. 
 
 Resolution. — It has been brought to the 
 notice of the Governor General in Council, that 
 landed property of great value, within the juris- 
 diction of the King's Courts, is now held by 
 Parsees, to whom it has descended in conformity 
 with Parsee usages, but not in conformity with 
 the English Law of Inheritance. 
 
 2. The national usages of the Parsees are not, 
 like the Hindoo and Mahomedan rules of inheri- 
 tance, marriage, and succession, recognised by 
 law ; nevertheless, it appears to His Lordship in 
 Council, that Parsees, who are in possession of 
 land which they have inherited according to their 
 national usages, and with the acquiescence of all 
 interested parties, ought not to be disturbed in 
 that possession. This appears to His Lordship 
 in Council to be one of those cases in which the 
 strict enforcement of the law would defeat the 
 end for which laws are made, would render 
 property insecure, and would shake the confi- 
 
APPENDIX. 117 
 
 dence of the people in the institutions under 
 which they live. 
 
 3. His Lordship in Council is disposed to 
 enact, that real property within the jurisdiction 
 of the King's Courts shall, as regards its trans- 
 mission by the will of a Parsee testator, or on the 
 death of a Parsee intestate, be taken to be, and to 
 have always been, of the nature of chattels real. 
 
 4. This enactment will be restricted by two 
 provisos : one of those provisos secures in their 
 possession all who hold such property by what 
 has hitherto been a strictly legal title ; the other 
 is intended to give legal validity to those family 
 arrangements which Parsees have heretofore 
 made according to their national customs, in 
 cases in which no objection has been made to 
 those arrangements. 
 
 5. In order that time may be given to Parsees 
 who reside at a distance from Calcutta to express 
 their wishes, His Lordship in Council has deter- 
 mined to leave a longer interval than ordinary 
 between the first publication, and the final re- 
 consideration of the Act which has been pre- 
 pared on this subject. 
 
 The following draft of that Act is herewith 
 published for general information : — 
 
 Act No. of 1837. 
 
 1. It is hereby enacted, that from the day 
 of all immovable property, situate within 
 
 the jurisdiction of any of the Courts established 
 
118 APPENDIX. 
 
 by His Majesty's Charter, shall, as far as regards 
 the transmission of such property on the death 
 and intestacy of any Parsee having a beneficial 
 interest in the same, or by the last Will of any 
 such Parsee, be taken to be, and to have been, of 
 the nature of chattels real, and not of freehold. 
 
 2. Provided always, that in any suit-at-law, 
 or in equity, which shall be brought for the 
 recovery of such immovable property as is afore- 
 said, no advantage shall be taken of any defect 
 of title, arising out of the transmission of such 
 property upon the death and intestacy of any 
 Parsee having a beneficial interest in the same, 
 or by the last Will of any such Parsee, if such 
 transmission took place before the said 
 day of ; and if such transmission were 
 
 either according to the rules which regulate the 
 transmission of freehold property, or else took 
 place with the acquiescence of all persons to 
 whom any interest in that property would, ac- 
 cording to the rules which regulate the trans- 
 mission of chattels real, have accrued upon the 
 death of such Parsee. 
 
 Ordered, that the said draft be reconsidered 
 at the first meeting of the Legislative Council 
 of India after the 9th day of May next. 
 
 (Signed) W. H. Macnaghten, 
 
 Secretary to the Government of India. 
 
 (True copy) 
 
 J. P. WlLLOUGHBY, 
 
 Secretary to Government. 
 
APPENDIX. 119 
 
 To J. P. Willoughby, Esq., 
 
 Secretary to Government, &c. &c. Bombay. 
 
 Sir, — In reply to your letter, No. 348 of 1837, 
 handing us a copy of a letter from the Secretary 
 to the Government of India, with enclosures, 
 we have to request that you will be pleased to 
 convey our best thanks to the Right Honour- 
 able the Governor in Council, for the important 
 information thus afforded to us ; and also to 
 state that the proposed enactment entirely and 
 most completely meets the views and wishes of 
 the Parsee community ; and that we have no 
 objections whatever to urge against it. We trust 
 we may also be permitted to request that the 
 Riafat Honourable the Governor in Council will 
 be pleased to convey to the Government of India 
 the expressions of our warmest gratitude for the 
 readiness with which it has met our views, in 
 the framing and promulgation of an enactment, 
 which will be of the most important service to 
 the whole Parsee community of India. 
 
 We have the honour to be, Sir, 
 Your most obedient and very humble Servants, 
 
 NOWROJEE JAMSETJEE, 
 
 And others. 
 Bombay, 6th April 1837. 
 
 Legislative Department. 
 
 Fort William, the 15th May 1837. 
 The following Act, passed by the Right Hon- 
 
120 APPENDIX. 
 
 ourable the Governor General of India in Coun- 
 cil, on the 15th May 1837, is hereby promul- 
 gated for general information : — 
 
 Act No. IX. of 1837. 
 
 I. It is hereby enacted, that from the 1st day 
 of June 1837, all immovable property, situate 
 within the jurisdiction of any of the Courts 
 established by His Majesty's Charter, shall, as 
 far as regards the transmission of such property 
 on the death and intestacy of any Parsee having 
 a beneficial interest in the same, or by last Will 
 of any such Parsee, be taken to be, and to have 
 been, of the nature of chattels real, and not of 
 freehold. 
 
 II. Provided always, that in any suit-at-law, 
 or in equity, which shall be brought for the 
 recovery of such immovable property as is afore- 
 said, no advantage shall be taken of any defect 
 of title arising out of the transmission of such pro- 
 perty upon the death and intestacy of any Parsee 
 having a beneficial interest in the same, or by the 
 last Will of any such Parsee, if such transmission 
 took place before the said 1st day of June 1837; 
 and if such transmission were, either according to 
 the rules which regulate the transmission of free- 
 hold property, or else took place with the acquies- 
 cence of all persons to whom any interest in that 
 property would, according to the rules which 
 
APPENDIX. 121 
 
 regulate the transmission of chattels real, have 
 accrued upon the death of such Parsee. 
 
 W. H. Macnaghten, 
 Secretary to Government of India. 
 
 From the Honourable Sir John Wither Awdry, 
 Knight, Puisne Judge of the Supreme Court 
 of Bombay, to Bomanjee Hormusjee, Esq. 
 
 Belair, 25th April 1837. 
 
 My dear Sir, 
 
 I have much pleasure in returning to you 
 the questions and answers relating to the usages 
 of the Parsees : they seem to me to contain the 
 groundwork of every practicable and civilized 
 statute for the distribution of their property. 
 
 It is true that the law of England does not 
 generally allow married women the possession 
 of separate property without the intervention 
 of trustees ; but as their right to it with such 
 intervention is fully recognised, there can be no 
 objection in principle to its being allowed to 
 those with whose manner it is accordant. It 
 will, however, require attention to the framing 
 a law, which will protect them in the enjoyment 
 of it. It does not appear that it is intended that 
 it should be in the power of a married woman 
 to dispose of her inheritance, except by Will. 
 If, however, so intended, it should be expressly 
 
122 APPENDIX. 
 
 provided for, and the means by which it could 
 be ascertained whether a proposed conveyance 
 of her property is her own free act, and not 
 under any compulsion from her husband, must 
 be considered. The modes provided in England 
 for this purpose, in cases where the law em- 
 powers her to part with her inheritance, involve, 
 as their most important ingredient, her exa- 
 mination, in the absence of her husband, by 
 some trustworthy public officer, in order to 
 ascertain whether she understands the nature 
 of the act she is about to do, and does it by her 
 own free will. The same observation, as to the 
 necessity of considering how she is to be pro- 
 tected from the danger of undue influence in 
 making her last Will, is even more important, 
 because the difficulty of arriving at the truth 
 is greater after her death. For the same rea- 
 son, also, there is much greater danger of forgery. 
 In England, a power to leave property by Will 
 is often given to a woman by her marriage 
 settlement, and the plan commonly adopted to 
 authenticate such a Will is the provision that 
 it shall be attested by disinterested witnesses. 
 It will be observed that this matter requires 
 the more attention here, as the Parsee women, 
 though enjoying very high consideration, are 
 not in general able to write, which English 
 women of any substance always are ; and, con- 
 sequently, one great check upon forgery or deceit 
 as to the nature and effect of a Will is wanting. 
 
APPENDIX. 123 
 
 As the securing a wife's disposal of her property 
 from the consent of her husband is justly consi- 
 dered by the Parsee community very important, 
 I have thrown out these few observations to 
 draw your attention to the means of enforcing it. 
 I quite concur in your wish that the Pun- 
 chayet may be placed on a footing which will 
 enable that body still to command the respect 
 of your nation, — that it should be invested with 
 some definite authority in ecclesiastical and ma- 
 trimonial questions. As the subject is a very 
 delicate one, I will only advert to one point, 
 Avhich is connected with the subject of inherit- 
 ance. I hope that it will be empowered to 
 decide in such mode as the Civil Courts can 
 recognise, on the validity of all marriages be- 
 tween Parsees. An enactment, that on these 
 points the usages of Parsees should have the 
 force of law, would I think be desirable ; but, 
 on questions of property, I do not think such 
 an enactment could have any other effect than 
 that of letting in all that uncertainty which it 
 is the object of passing a law on the subject 
 of inheritance to prevent. The provision that 
 illeoitimate children should be entitled to main- 
 tenance I conceive to be just and wise; but I 
 should recommend attention to be paid to the 
 question — what summary mode of asserting and 
 proving the right to it can be devised? — as it 
 may otherwise have the effect of involving fam- 
 ilies in vexatious litigation. 
 
124 APPENDIX. 
 
 On one very important point, I regret to 
 think that my observations will not be satis- 
 factory to you, though your anxiety on the 
 subject is natural, and, perhaps, under your 
 circumstances, praiseworthy. I do not think 
 that the Legislature can or ought to give effect 
 to your wishes, that a Parsee who changes his 
 religion should forfeit his right to inheritance ; 
 because — 
 
 1st, Though doubtless such must always have 
 been the wish of the Parsee community, no such 
 usage can in Bombay ever have had any legal 
 operation. From its nature, it evidently never 
 can have prevailed by the consent of all persons 
 interested, for the person chiefly interested must 
 always have been averse to it. Nor can it have 
 been enforced by Courts of Justice, for no Act 
 of Parliament has ever enacted anything which 
 would warrant their doing so. Being, then (in 
 Bombay at least), a new enactment, and not an 
 existing usage, it would be 
 
 2d, Completely at variance with that spirit 
 of toleration to which provisions for the separate 
 enjoyment by the Parsees of a system of pro- 
 perty framed in accordance with their wishes 
 are due, and which requires that a man's reli- 
 gion should not obstruct his enjoyment of the 
 right of property. 
 
 3d, It is unnecessary ; for the owner of the 
 property may disinherit him by Will. 
 
APPENDIX. 125 
 
 I will conclude, as I have begun, by express- 
 ing my conviction, that if the Parsees are really 
 agreed on the proposed scheme of inheritance, 
 the difficulty of framing a Statute to that effect 
 (though greater than would be anticipated by 
 persons unused to legislation) would be as little 
 as can ever be expected in such cases, as the 
 whole appears to be a very sensible and coherent 
 system. I would, however, on questions 2, 3, 
 wish to draw attention to the expression in 
 2 — " her daughters and her grand-daughters" — 
 ought it not rather to be, as in 3, the daughters 
 and their issue ; but, if not, in what proportions 
 will they take ? If, for instance, a Avoman dies, 
 leaving a daughter and two grand-daughters, 
 the daughters of a son, and other daughters of 
 daughters, will each person take equally, or 
 will the grand-daughters take no more than 
 what would be their mother's share — and what 
 will the daughters of a son take ? This will 
 lead to confusion, unless it is either very par- 
 ticularly laid down, or else the simple rule is 
 adopted, that the heirs of a deceased child shall 
 share amongst them in the usual proportion 
 their parent's portion. With every wish that 
 the proposed enactment may be conducive to 
 the welfare of the Parsee people, 
 
 I remain, my dear Sir, 
 Yours very faithfully, 
 
 J. W. Awdry. 
 
126 APPENDIX. 
 
 To the Honourable James Farish, Esq., 
 
 Governor and President in Council, &c, Bombay. 
 
 Honourable Sir, 
 
 We have the honour to enclose herewith a 
 letter, which we have addressed to the Right 
 Honourable the Governor General and the Le- 
 gislative Council of India, which we beg most 
 respectfully to request you will forward to that 
 high authority : but, before handing it to the 
 Government of India, with, we trust, the fa- 
 vourable recommendation of your Honourable 
 Board, we would beg to solicit that you will 
 be pleased to communicate with the Honourable 
 the Judges of the Supreme Court, in order that 
 we may benefit by the great experience and 
 judgment of the present Chief Justice, the Hon- 
 ourable Sir Herbert Compton, who, in a pre- 
 eminent degree, is qualified to offer an opinion 
 upon the subject matter of our communication, 
 and his able coadjutor, the Honourable Sir John 
 Awdry. 
 
 2. We have no doubt that the Right Honour- 
 able the Governor General, and the Legislative 
 Council of India, will be induced to concede 
 the most considerate attention to the appeal we 
 have made ; and we congratulate ourselves upon 
 Mr Borradaile having been appointed to a seat 
 in the Law Commission, as that gentleman pos- 
 sesses an intimate acquaintance with all our 
 peculiar customs and usages, and, from expe- 
 
APPENDIX. 127 
 
 rience, can best speak to the necessity that exists 
 
 for those customs and usages being recognised 
 
 and confirmed by a legislative enactment. 
 
 We have the honour to be, 
 
 Honourable Sir, 
 
 Your most obedient and humble Servants, 
 
 Framjee Nusserwanjee, 
 
 And others. 
 Bombay, 2lst November 1838. 
 
 To the Right Honourable Lord Auckland, 
 
 Governor General of India, &c. &c. 
 
 May it please your Lordship, 
 
 We have the honour herewith, with great re- 
 spect, to hand up for your Lordship's considera- 
 tion a series of questions and answers, embracing 
 the rights of inheritance that are acknowledged 
 by the Parsee nation, and upon which it is 
 the anxious desire of all who have the interests 
 and welfare of our people at heart, that a Re- 
 gulation should be framed by your Lordship, 
 and the Legislative Council of India. 
 
 2. These questions were submitted by Harry 
 Borradaile, Esq., the Registrar of the Adawlut 
 Court of Surat, a gentleman intimately acquaint- 
 ed with all the peculiar rights and customs of 
 the Parsee people. In framing the answers 
 which are here subjoined, we beg to assure your 
 Lordship that we have given the most patient 
 
128 APPENDIX. 
 
 and reflective consideration to the subject ; that 
 we have consulted all the accessible testimony, 
 both oral and written, and that we have dis- 
 carded from our minds every feeling that might 
 bias or pervert the true meaning and intention 
 of our ancient and most revered laws. We 
 trust we may also venture to submit to your 
 Lordship that we consider the happiness, the 
 welfare, the respectability, and the internal peace 
 of our caste, to be intimately and inseparably 
 associated with the passing of such a Regulation 
 as we here presume to crave from the wisdom 
 of your Lordship and the Legislative Council 
 of India. 
 
 3. We deem it at once advisable to state, for 
 the information of your Lordship, that objections 
 have been made to some parts of our answers, 
 — more especially to those in which the rights of 
 inheritance have been conceded to the female 
 branches of families ; but these objections, we 
 regret to say, have originated in interested 
 motives, and it is for this reason that we have 
 so carefully guarded, in our answers to question 
 No. 1, against a husband exercising any control 
 over property that his wife may have brought 
 from her father's house. We know this is contrary 
 to the law of England, but in our case it is abso- 
 lutely necessary, for the prevention of domestic 
 contention, and the thousand numberless evils 
 that would arise to females were it otherwise. 
 However desirable unanimity might be on such a 
 
APPENDIX. 129 
 
 question, we could not consent to obtain it by 
 sacrificing the rights of those who, from their 
 weakness, more forcibly call upon our protec- 
 tion. Your Lordship, we feel confident, will 
 judge between us with impartiality, and we 
 fearlessly commit the interests of all concerned 
 to your justice and benevolence. 
 
 4. If, as we hope, your Lordship and the 
 Legislative Council of India may be graciously 
 pleased to pass a Regulation in conformity with 
 our desires, the next point to be considered is 
 the enforcement of such Regulation. The Pan- 
 chayet, we regret to inform your Lordship, is 
 now almost powerless, either for good or evil ; 
 and unless that body is made respected by the 
 Act of Government, the most serious conse- 
 quences must ensue to the best interests of our 
 caste. So long as the caste continued limited 
 in number, and willing to obey the decisions of 
 the Panchayet, the want of recognised authority 
 in that body did not appear so forcibly as it 
 now does to the feelings and understandings of 
 those interested in the welfare and prosperity 
 of the Parsee nation. Of late, however, a new 
 spirit has sprung up, and each man claims a 
 right of acting as he may think fit, and very 
 often in defiance of the decisions of the Pan- 
 chayet, and in wilful opposition both to the 
 spirit and letter of our laws and usages. To 
 be useful, and of avail, both the law, and those 
 who administer it, must be respected — and re- 
 
130 APPENDIX. 
 
 spect in ignorant minds seldom exists without 
 some portion of fear. The lower orders of 
 Parsees see that the Panchayet has no power 
 to punish, and therefore do not respect its au- 
 thority or its decisions, and as it has hitherto 
 been our pride, and almost the wonder of sur- 
 rounding people, that so large a body as the 
 Parsees now comprise should be self-governed, 
 we are led thus most urgently to pray that 
 your Lordship will invest the Panchayet with 
 an efficient authority to control the vicious and 
 encourage the virtuous. Even with the limited 
 authority that the Panchayet now possess, it is 
 the source of much good. One instance will be 
 sufficient to exemplify this to your Lordship, 
 and that is, that the Parsee poor are entirely 
 supported by the funds of which that body is 
 the guardian and distributor. As bearing upon 
 this grateful subject, we trust we may be per- 
 mitted to bring to the notice of your Lordship 
 an extract from the published report of the 
 Bombay District Benevolent Society, which 
 appeared in the Bombay Courier of the 27th 
 August 1836, — a Society patronized by the 
 Bombay Government, and some of the most 
 influential of its officers. The passage we allude 
 to is as follows : — " The public at large owe a 
 debt of gratitude to the Parsees of Bombay ; for 
 not one beggar of that caste has ever applied to 
 this Society for relief, nor is a Parsee pauper 
 ever to be seen in our streets." 
 
APPENDIX. 131 
 
 5. In the constitution of the Panchayet, in 
 the selection of its members, and in the rules 
 for its guidance, we are the first who would wish 
 and pray for the most unceasing vigilance and 
 control of the Local Government. We seek for 
 no individual power or aggrandizement : the 
 welfare, the happiness, the respectability of our 
 caste, and the inviolability of our religion and 
 peculiar customs, is all that we are desirous to 
 promote. The strongest feeling entertained by 
 a Parsee is that of veneration for his religion, 
 and next to that may be ranked the extreme 
 susceptibility that even the poorest and least 
 instructed feel, as to any encroachment or in- 
 terference with their customs and domestic man- 
 ners. The enlightened Government of which 
 your Lordship is the head, we full well know, 
 will never sanction anything that could in any 
 way hurt the feelings or prejudices of our caste ; 
 and our only anxiety is, by securing to our- 
 selves a recognised authority for our self-gov- 
 ernance, to make our people more respected, 
 and more worthy of the continued favour and 
 protection of the enlightened Government of 
 British India. 
 
 6. In conclusion, we have also most respect- 
 fully to request that your Lordship and the 
 Legislative Council of India will, by this pro- 
 posed Regulation, recognise and confirm all 
 usages, rights and customs, that have prevailed, 
 and still prevail, among the Parsee people, which 
 
132 APPENDIX. 
 
 will most materially tend to set at rest all 
 doubts which may have arisen from the pre- 
 sent imperfect and undefined state of our laws 
 and regulations, and also best carry out the 
 benevolent intentions of His Majesty's Mini- 
 sters and the United Parliament of England, 
 as set forth in the 53d Section of the New 
 Charter Act. 
 
 We have the honour to subscribe ourselves, 
 
 My Lord, 
 Your Lordship's most obedient, 
 Most humble Servants, 
 
 NOWROJEE JAMSETJEE, 
 
 And others. 
 Bombay, 21st November 1838. 
 
 Answers to a series of Questions put by H. Bor- 
 radaile, Esq., relative to the Rights of Inher- 
 itance prevailing among the Par sees. 
 
 Question 1st. — If a man dies without making 
 a Will, to whom, and in what proportion, does 
 his property descend ? 
 
 Answer. — His son becomes his heir by right. 
 If there is not a son, then his daughter and 
 widow are his heirs, to each of whom a moiety 
 of the property left belongs. The daughter's 
 portion remains under the control of the mo- 
 ther until she becomes of full age, viz. eighteen 
 years, and, after that, it is at her own disposal. 
 
APPENDIX. 133 
 
 If there are neither sons nor daughters, then 
 the widow is the true heir to all the property 
 left. If the deceased leaves both a son, a 
 daughter, and a widow, then the son becomes 
 the heir, and it is his duty to collect all his 
 father's property, and discharge all his just 
 debts, within thirteen months of his decease ; 
 and whatever balance may then remain is to be 
 divided as follows : — 
 
 1. To the deceased's sons, as many as there may 
 
 be, belong twelve annas out of every six- 
 teen annas left by the deceased, both of 
 movable and immovable property, and 
 which twelve annas are divided in equal 
 proportions among all the sons : thus, if 
 there are two sons, then to each appertain 
 six annas ; and if three sons, four annas 
 each, and so on. 
 
 2. To the widow belongs a portion of two annas, 
 
 which she may dispose of, with whatever 
 other property she possesses, by her last 
 Will and Testament, either during her hus- 
 band's life, or after his death. If she dies 
 without making a Will, then to her daugh- 
 ters, as many as there may be, revert 
 twelve annas of all the property she may 
 leave, in like manner as the father's property 
 reverts to the sons. If those daughters die 
 and leave children, then to those children 
 belong their mother's portion of their grand- 
 mother's property, and as many daughters 
 
134 APPENDIX. 
 
 as there may be among those children, to 
 them belong twelve annas, and to the sons 
 four annas. 
 3. To the daughters of the deceased belong the 
 remaining two annas of his estate, which 
 their mother shall receive and hold, until 
 they become of the full age of eighteen 
 years, when she will divide it in equal pro- 
 portions. The claim of the daughters is 
 against the mother, as she, in the first in- 
 stance, shall receive their proportion of her 
 deceased husband's estate, and only pay it 
 to them when they become of the age of 
 eighteen years. Upon the daughters' por- 
 tions those daughters' husbands have no 
 claims whatever; neither are their signa- 
 tures required. In the event of both father 
 and mother being dead, then the daughters 
 shall receive their own and their mother's 
 portion, altogether four annas, from their 
 brothers ; and on those daughters becom- 
 ing of the age of eighteen years, all of them, 
 and all the sons, shall receive and divide 
 the same among themselves, in the manner 
 before stated. In the event of there being 
 neither daughters, nor daughters' issue, 
 alive, then all the property of the deceased 
 woman reverts to her sons. 
 Question 2d. — Is there any difference between 
 the male and female rights of inheritance? — If 
 a wife possesses, besides immovable property, 
 
APPENDIX. 135 
 
 other goods and effects, brought from her father's 
 house, who is the heir thereof? 
 
 Answer. — The difference has already been 
 pointed out, as the male heir's inheritance is 
 twelve annas, and the female's only four annas. 
 If a woman, besides immovable property, has 
 brought from her father's house any goods or 
 other property, or has collected the same in her 
 husband's house during his life, the same shall 
 be disposed of as directed by her last Will and 
 Testament. But if she dies intestate, then her 
 daughters and their issue are her heirs, to them 
 belonging twelve annas, and to her sons four 
 annas. If there are neither daughters, nor the 
 issue of daughters, living, then the whole reverts 
 to her sons, and their issue; and when there 
 is no heir living, either immediate or remote, 
 then, whatever the deceased woman may have 
 brought from her father's house shall be 
 returned to him, or to his heirs, either male or 
 female. 
 
 Question 3c/. — If a man dies, leaving a daugh- 
 ter, an adopted son, a widow, and other rela- 
 tives, then to whom does the inheritance of his 
 property belong ? 
 
 Answer. — According to the deceased's last 
 Will, so shall his property be divided; but if 
 he dies intestate, then his daughter and widow 
 become his joint heirs, each taking one -half of 
 the property left. If the daughter dies, then to 
 
136 APPENDIX. 
 
 her issue the said half shall descend ; and if the 
 widow dies, then the whole estate belongs to the 
 daughter of the deceased, and her issue. The 
 adopted son has no right or claim whatever, 
 except by Will, unless in cases where the adop- 
 tion has been formally made in writing, with 
 the consent of all the nearest of kin, (and all he 
 can demand is a present, according to the cir- 
 cumstances and means of him who adopted 
 him,) which shall be decided, (if any dispute 
 rises,) by the Panchayet. 
 
 Question Ath. — If a man has a grandson, and 
 he enters into a second marriage, but has no 
 issue by his second marriage, then who is his 
 heir — his widow, or his grandson ? 
 
 Answer. — The grandson is his lawful heir ; 
 but to a wife of a second marriage, as of a first, 
 appertain the two annas, as before stated. 
 
 Question 5th. — Is there any difference in the 
 rights of inheritance between a layman's and an 
 Andiaroo's wife? 
 
 Answer. — No, none whatever. 
 
 Question Qth. — If a wife becomes her husband's 
 heir, can the relatives of her said husband take 
 any objections to her expending the wealth be- 
 queathed to her? 
 
 Answer. — No objections can be taken, unless 
 where there are children under age, and then 
 the relatives, if they see the woman squandering 
 away the wealth, may interfere, and can bring 
 
APPENDIX. 137 
 
 objections, so as to save as much as possible of 
 the property left. 
 
 Question 7th. — Does any difference exist be- 
 tween the rights of inheritance of a wife, by a 
 first and second marriage, or the issue of a first 
 and second marriage ? 
 
 Answer. — No, none whatever. The rights of 
 wives and children by first and second mar- 
 riages are exactly the same. 
 
 Question &th. — If a man has children by a 
 woman, not of the Parsee nation, or even by a 
 Parsee woman illegally, and if he afterwards 
 marries a Parsee woman, and has children by 
 her, or has adopted a son, and he dies without 
 making a Will, then in what manner is property 
 divided ? 
 
 Answer. — He who has children by a woman 
 of another nation, or by a Parsee woman ille- 
 gally, to those children belongs that which he 
 may give by his last Will ; and in cases where 
 such men may die intestate, then to such chil- 
 dren no right of inheritance belongs. Food and 
 clothes shall be given to them by the deceased's 
 heirs during their life, according to the wealth 
 the deceased father may have left.* If the true 
 wife has issue, then that issue is the heir. But 
 
 * As it is apprehended that the very ascertaining the 
 amount of property which is to regulate the provision for 
 natural children will in many cases lead to expensive litiga- 
 tion, and perhaps the ruin of respectable families, it is suggest- 
 ed, as the best mode of obviating this evil, that the Panchayet 
 
138 APPENDIX. 
 
 if she lias no children, and has not appointed 
 the adopted son heir to her property by Will, 
 such adopted son has no further claim than be- 
 fore set forth, according to the circumstances 
 and property of the parties. In the event of 
 there being no children, nor the issue of chil- 
 dren, then the property belongs to the nearest 
 next of kin of the deceased. 
 
 Question dth. — If a man dies and leaves a 
 Will, appointing an heir, who from absence can- 
 not perform the ceremonies due to the memory 
 of the deceased, can any other person, who, being 
 on the spot, performs those ceremonies, dispute 
 the rights of him who has been appointed heir 
 by the last Will and Testament of a deceased ? 
 
 Answer. — No, they cannot. The heir ap- 
 pointed by the last Will must always be con- 
 sidered the true and lawful heir, whoever may 
 perform the religious ceremonies. 
 
 Question 10th. — If a man during life discards 
 his own son, and puts him out from his house, 
 and ultimately dies intestate, then does that son 
 by right take a portion of his father's property 
 or not ? 
 
 Answer. — No son can be debarred from sharing 
 in his father's property, except where he is dis- 
 inherited by such father's last Will ; and, there- 
 
 in cases of dispute) should be empowered to award the 
 amount of maintenance to be given, and that their award 
 should be final, and without appeal. 
 
APPENDIX. 139 
 
 fore, as the question is put, the son is clearly 
 entitled to share in the property left by his 
 father. 
 
 Question 11th. — If a man has two or three sons, 
 one of which sons, by his own industry, has 
 earned money, can the other brothers claim a 
 portion thereof, — and, if they cannot, can the 
 father do so ? 
 
 Answer. — If a son earns money in a different 
 trade or calling, and away from his father's house, 
 then such wealth belongs exclusively to himself. 
 But if in his father's business, and in his father's 
 house, although he may have laboured much 
 more than others, such wealth must be considered 
 as his father's, and therefore all the other brothers 
 are entitled to share equally after the father's 
 death. On the death of a father, leaving two or 
 more sons, one only of whom may be of age, it 
 is not lawful for him to carry on the trade of 
 the father until his brothers become of the age 
 of eighteen years, and enter into a deed of co- 
 partnership with him. 
 
 Question V2th. — When a division of property 
 is made among people of your nation, what 
 customs or rules regulate such division, — and is 
 there any difference in the division of movable 
 and immovable property ? 
 
 Answer. — When the inheritance comes to be 
 divided, then all the movable and immovable 
 property is considered as alike, and the division 
 made according to what has been before set forth. 
 
140 APPENDIX. 
 
 Question 13th. — If three or four brothers are 
 living jointly, and one of those brothers dies, 
 leaving a widow, but no children, does such 
 widow become the heir of the deceased's portion 
 of the joint estate ? 
 
 Answer. — The widow becomes the heir of the 
 deceased's portion. But when a son has been 
 adopted, with the mutual consent of all the 
 parties, viz. the deceased, his widow, and bro- 
 thers, by a written instrument,* and that adopted 
 son afterwards takes the name of the deceased, 
 then to him, of the portion, shall devolve twelve 
 annas and to the widow four annas. If, how- 
 ever, the said widow again marries, then that 
 portion does not belong to her, but the whole 
 sixteen annas revert to the adopted son and heir. 
 
 Question lUh. — If a man, having children by 
 a woman of another nation, brings those chil- 
 dren into his house during life, or they come in 
 after his demise, have they any claim or right 
 to share in the property left by their father ? 
 
 Answer. — Whatever is left them by Will they 
 may enjoy, but they have no right of inheritance 
 whatever ; maintenance is given them according 
 to the property of the father. 
 
 * The instrument by which a son may be adopted may 
 be as simple as possible in form, but it should be imperative 
 that it be signed by the adopter, his wife, and brothers, or 
 nearest next of kin, and witnessed by three disinterested 
 persons ; and contain a clause, leaving it at the option of 
 the adopted to cancel the same during life. 
 
APPENDIX. 141 
 
 Question 15th. — Can a man disinherit his son, 
 — And in what way ? 
 
 Answer. — By his last Will and Testament a 
 man can disinherit his son, but in no other way. 
 
 Question 16th. — How far does the force of a 
 last Will extend in denying the right of inherit- 
 ance to the lawful heir? And is there any 
 difference between movable and immovable pro- 
 perty ; and, in making a last Will, is a man's 
 and woman's power equal ? 
 
 Answer. — A last Will imperatively decides 
 the question of inheritance. There is no dif- 
 ference between the rights to movable and im- 
 movable property ; and the power of making a 
 Will is equal, as regards a man and a woman. 
 If, however, a man holds a jagheer given by 
 way of indulgence, or in repayment of services 
 performed by his family, and which jagheer by 
 its condition is to descend from father to son 
 in that family, no last Will, however made, can 
 alienate such jagheer; the heirs and represen- 
 tatives of the family being fully entitled to all 
 it may produce. 
 
 Question 11th. — If a man, by his last Will, 
 not only cuts off his children, but also all his 
 other relatives, and leaves all his property to 
 some other person, is such Will considered valid, 
 and is the inheritance of his children entirely 
 annulled ? 
 
 Answer. — Yes, provided that it can be proved 
 that he was of sound mind when he made his 
 
142 APPENDIX. 
 
 Will. But there are cases in which such Wills 
 would be disputed, and set aside; as, for instance, 
 where a man has been living with a woman of 
 another nation, and has not conformed to the 
 customs of his own people, and is ultimately 
 cajoled into making a Will, leaving all to such 
 woman, or to people of another nation, and, with- 
 out fault on their side, setting aside entirely his 
 natural and lawful heirs ; then such Will would 
 be annulled, and the property revert to his pro- 
 per heirs. The same rule also applies in the 
 case of a woman. If a Parsee (man or woman) 
 becomes, converted to the Christian, Hindoo, or 
 Mahomedan faith, he forfeits all right and title 
 to participation of property, or other benefits 
 that might have accrued to him had he remained 
 true to his own faith ; and he is no longer looked 
 upon or recognised as a Parsee. This forfeiture 
 of all rights on the part of parents does not 
 apply to the children who may remain true to 
 their faith, and to them shall descend the por- 
 tions of their parents. 
 
 Question 18th. — When a man dies without any 
 children, and leaves a Will, making his wife his 
 heir, with a stipulation that she shall adopt a son, 
 which she afterwards does, and settles a portion 
 of the property on such adopted son by writing, 
 has such adopted son any claim upon the whole 
 property, and can such woman leave to any 
 other person, by her last Will, such portion of 
 the property as she retained for herself? 
 
APPENDIX. 143 
 
 Answer. — The adopted son has no claim upon 
 the man's property, except to the extent of that 
 which has been given him : that part reserved 
 by the woman for herself she may dispose of by 
 Will as she pleases ; and, if she dies without 
 making a Will, then it reverts to her legal heirs 
 and representatives, but not to the adopted son. 
 
 Question l§th. — At the time of marriage, 
 besides the jewels and joys given to the girl by 
 the father and mother-in-law, is it the custom 
 for his own father and mother to make similar 
 presents ; and, if so, can the husband exercise 
 a control over such property ? After the wife's 
 death, who inherits such personal property ? 
 
 Answer. — Whatever presents of joys and jewels 
 may be received from the father and mother-in- 
 law, over such have the husband and wife a joint 
 control and authority, and at her death they 
 revert by right to her husband and his heirs. 
 But such things as she may bring from her own 
 father's or mother's house, consisting of joys or 
 jewels, are her own sole property, over which 
 the husband can exercise no control or authority 
 whatever ; and she can, by her last Will, distri- 
 bute the same as she may think fit.* In the 
 
 * As women are very liable to be unduly influenced and 
 controlled in the bequeatlnnent of their own property, and as 
 it is much desired to secure to them the full and free exercise 
 of their right, it is suggested that every Will by a woman 
 leaving property must be witnessed by three disinterested 
 persons. 
 
144 APPENDIX. 
 
 event of her dying intestate, and there being 
 no children, then all such property as she may 
 have brought from her father's or her grand- 
 father's, or her nearest relation's house, reverts 
 to such party. If she leave children, but no 
 Will, then the daughters shall receive three- 
 quarters, and the sons one-quarter of such pro- 
 perty, as regards joys and jewels received from 
 the husband's relatives ; if the woman in life 
 is desirous of making a Will for the bequeath- 
 ment of such property, she may do so, with her 
 husband's consent, but not otherwise. 
 
 Bombay, ISth August 1836. 
 
APPENDIX. '145 
 
 C. 
 
 India Board, the 2dth November 1841. 
 
 Sir, — I have been requested to introduce to 
 you a Parsee gentleman,' who will have the 
 honour of presenting this letter. It has not 
 been without hesitation that I address one with 
 whom I have not the pleasure of personal ac- 
 quaintance, and of whom I can have no know- 
 ledge but from his reputation and distinguished 
 services. 
 
 I presume, however, and hope that you will 
 consider the official situation in which I have 
 the honour to stand to the Governor of Bombay 
 sufficient excuse. 
 
 The bearer of this introduction, Manackjee 
 Cursetjee, will not have been unknown to you 
 by name, and is a member of the Literary 
 Society in your Presidency. 
 
 He was noticed on his arrival in England by 
 the President of the Board of Control, and by 
 the other members of the late ministry. He has 
 since been known to Sir Robert Peel and my- 
 self, through the medium of Lord Clare, who 
 was acquainted with him during his residence in 
 the East. 
 
 Sir Robert Peel has expressed a wish that I 
 should not leave you in ignorance of the favour- 
 able impression which Manackjee Cursetjee has 
 
 K 
 
146 ' APPENDIX. 
 
 produced on those to whom he has been pre- 
 sented in England, with respect to his general 
 acquirements, as well as the information which 
 he has afforded to those who have conversed 
 with him on the state of India. 
 
 He has given me, what I consider, important 
 materials on the subjects upon which I inquired. 
 
 It has given me much satisfaction to find 
 that one of your predecessors has appointed a 
 native of ability in the public service, and I 
 doubt not that the Government at home will 
 rejoice with me to find that opportunities are 
 taken for promoting the natives of India, and 
 thus raising them in their own estimation, when 
 individuals among them are found qualified to 
 have a similar distinction. 
 
 I have the honour to be, 
 Sir, 
 Your very obedient and faithful Servant, 
 Fitzgerald and Vesey. 
 
 To Sir W. Macnaghten, Bart., 
 
 Governor of Bombay. 
 
 THE END. 
 
 Printed by Oliver & Boyd, 
 Tweeddale Court, High Street, Edinburgh 
 
DATE DUE 
 
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 Princeton Theological Seminary-Speer Library 
 
 1 1012 00036 5314