Tibetan rulers' documents
Tibetan rulers certificates are in the Tibetan written language drafted documents with which a transaction is performed or witnessed and on behalf of a ruler were issued.
This group of documents includes the granting and confirmation of certain privileges ( tax exemption , grazing rights , land ownership, etc.) for individuals, families, religious institutions (e.g. monasteries) and regional social groups (e.g. noble families, residents of a certain place , certain group of ranchers) by the respective ruler . They are therefore referred to as “Tibetan rulers 'documents” (Tib .: bka' shog , she bam , gtan tshig ) after their author .
The other group of Tibetan documents concerns contracts between private individuals, social groups (e.g. residents of different villages, groups of ranchers) and religious institutions (monasteries). They are called “Tibetan private documents” (Tib .: gan rgya , khra ma ).
The Tibetan court settlement (Tib .: dpyad mtshams ) occupies a middle position between these two types of documents , in which the contending parties agree on a certain legal issue through the mediation of a representative of the ruler (government member) and record this settlement in writing in a document and attest by sealing.
Tibetan documents must be strictly distinguished from Tibetan laws (Tib .: khrims yig ), which primarily contain compensation payments in the event of theft, robbery and manslaughter (right to compensation) and criminal provisions for crimes against the state and religious institutions, and from Tibetan ordinances (Tib .: rtsa tshig ), which contain codes of conduct for certain parts of Tibet and groups of officials.
A special group of documents form regulations on behavior in monasteries (Tib .: bca'yig ), which mostly go back to high clergy, but were occasionally also issued by secular rulers.
The sum of all of the above legal provisions is known as Tibetan law .
All of the issues dealt with here relate to the legal situation in Tibet before 1960.
After that, legal relationships were completely redefined by the terror of the Chinese Cultural Revolution and the reorganization within the People's Republic of China.
General meaning of certificates of rulership
Rulers' deeds about exemption from taxes and duties, the transfer of land, the regulation of property and service relationships and the granting of regular allowances by the ruler himself or his central and local administrative authorities were of outstanding importance in the social life of the Tibetans. No feudal lord or monastery could be sure of his lands or privileges unless the legality of ownership could be proven by ruler's deeds.
In addition to their importance for the social and legal history of Tibet, Tibetan rulers' deeds are of particular value as historical sources. Rulers' deeds often contain a detailed narrative , a formula or a part of a deed that describes the historical circumstances in which certain privileges were granted.
Distribution area of Tibetan rulers
During the time of the Tibetan Empire (7th – 9th centuries) and when Tibet belonged to the dominion of the Yuan dynasty (13th – 14th centuries), the Tibetan highlands were ruled by a central administration, which also issued its own documents .
In the other periods of its history the highlands of Tibet had split up into different domains, whose rulers had rulers' deeds drawn up with their own chancelleries in order to create an internal legal order. In addition to the region that has been ruled from Lhasa since the time of the 5th Dalai Lama, the former kingdoms of Ladakh , Sikkim , Mustang and Guge deserve special mention . Even within the region dominated by Lhasa, the area of Sakya was given sufficient autonomy, so that its rulers still had rulers drafted until modern times.
The rulers' deeds of all these areas show great similarities in their structure and use of formulas, so that one can speak of a uniform document landscape as far as the Tibetan highlands are concerned.
Types of rulers' deeds
Rulers' deeds were distinguished in particular in the chancellery of the ruler of the central Tibetan government (Tib .: yig tshang ) according to their legal meaning.
Documents with which the ruler created fundamentally new legal relationships were called she bam . Such certificates included the award of special privileges for extraordinary merits. A she-bam certificate could not be obtained by submitting an application to the ruler. As a rule, it arose from the free will of the ruler to reward certain officials for special merits. She-bam certificates were usually written on silk and were given special care.
Ordinary rulers 'deeds were called bka' shog ("letter of order") or gtan tshig ("constant utterance"). They were usually preceded by a petition. Often such documents were requested and issued when changing the office of the ruler to confirm existing legal relationships (Tib .: rgyab gnon bka 'shog ),
The regularly necessary confirmations of existing legal relationships by the new ruler could also be expressed by means of simple confirmation notes on the documents presented, authenticated with an imprint of a seal. They were noted under the text or on the edge of the submitted rulers' deeds. Such mostly very short notes were also referred to as bka 'shog .
The compulsory filing of documents to confirm the privileges by the new ruler also carried a certain risk. On the one hand, the submitted documents could be completely retained by the ruler, which amounted to a withdrawal of privileges. On the other hand, restrictions on the privileges granted could also be expressed through the confirmation.
The so-called 'Go-mchan documents (“notes at the beginning”) were a special type of ruler 's deed . Here, the ruler's legal disposition was noted directly over a petition submitted, which mostly related to legal disputes. The ruler's decree usually began with the sentence: “If what has been said below is really true.” The legal value of this document was low, as it could easily be undermined by a counter petition alone.
Inner structure of Tibetan rulers
Rulers' deeds were drawn up according to textually defined formulation requirements, which, however, have undergone considerable changes in the course of the history of Tibet. In the Yig tshang office of the Dalai Lama there was a form book for this purpose, which was called bka´ gtags ´phrin yig . As a rule, however, the clerks based themselves on the text of the previous documents. In other words, the form book was rarely consulted.
In the case of Tibetan rulers, we can distinguish the following structural elements, called internal features:
- Invocation of supernatural powers ( Invocatio )
- Legitimation formula
- Mention of the name and / or title of the author ( intitulatio )
- Mention of the group of people who should take note of the issued certificate (Promulgatio)
- Mention of the person or group of people (beneficiaries) to whom privileges are granted by the certificate ( Inscriptio ).
- Description of the circumstances and merits of the beneficiaries that led to the granting of the privileges ( narration ).
- Presentation of the privileges granted to the beneficiary (Dispositio).
- Threats of punishment in the event that the persons named in the promulgation do not follow the ruler's instructions ( penal formula )
- Mention of the persons on the basis of whose input the certificate was issued (Petitio).
- Mention of the place and time of the issue with an imprint of the author's seal ( final report ). As a means of authentication, impressions of the author's seal were generally attached. In rare cases there are also prints of the author's hand.
Invocatio
Invocationes can only be found in the documents of Mongolian emperors of the Yuan dynasty, the princes of the imperial family and the imperial widow.
Here are two examples.
Certificate of Qubilai Khan from 1264:
From the power of the eternal heaven, based on the glory of great merit
Documented letter of appeal from the Emperor Budashiri to the 3rd Karmapa:
Based on the blessing of the three treasures
Legitimation formula
Such a formula can be found in the documents from the time of the Yuan Dynasty and expresses the general authorization of the author to issue the document by the emperor.
This formula always has the wording.
By order of the emperor
Similar formulas can be found e.g. B. also in documents of the Mongolian kings, who led the government business of Tibet under the 5th Dalai Lama, and in various documents of Tibetan rulers, which were issued in the 18th and 19th centuries. In such documents, the legitimation formula is always part of the initiation. Examples:
Dala'i rgyal-po's document from 1698:
Speak of the one called Da-la'i rgyal-po by order of the Dalai Lama
Document from Miwang Pholhane Sönam Tobgye from 1744:
Speech of the Mi yi dbang po, who is entrusted by the command of the heavenly appointed Mañjughosha, the exalted great ruler, to uphold the laws according to the two kinds of rules of conduct
Initulatio
The naming of the author of a document can be omitted for less important Tibetan rulers' deeds. Here are two particularly interesting examples of this formula:
1st document of the 5th Dalai Lama from 1648:
Talk of those who were born in a sex equal to the Sala tree, who do not orientate themselves to others with regard to the protection and dissemination of the teachings of the Buddha, who is famous everywhere with the title of a second Buddha, the Ngawang Lobsang Gyatsho ...
2. Deed from King Tshewang Namgyel of Ladakh from 1760:
Direction of the one who was given power to rule over men from the sphere of heaven in this vast, large area, of Tshe-dbang rnam-par rgyal-ba sa-skyong don-yod rdo-rje
Promulgation
When naming those who have to obey the orders in the document, Tibetan rulers often address all living beings in the world like world rulers.
Two examples of promulgation:
1st document of the 6th Dalai Lama from 1696:
sent generally to the living beings of the world and in particular to the monastic communities, kings and members of royal families, major and minor captains, ... to the living in the area of mCho khri-shor rgyal-mo and in the lower and upper part of sMar-khams etc. District officers, administrative officials and executives, etc., so summarized to all high-ranking and common living beings from China, Tibet and Mongolia
2. Deed from King Tshewang Namgyel of Ladakh from 1760:
sent generally to the living beings of this region living in their own domain, be they monks and lay people, high-ranking, common or middle-class, and in particular to the castle bailiffs (mkhar-dpon), Blon-po, administrators (gnyer-pa), grong-dpon, Stable master (chibs-dpon), rDo-kha-chi, Zhal-skyin, the local elders and the people of Ting-sgang and Mang-rgu together with the government officials traveling up and down
Inscriptio
The names of people or social groups who are favored by the ruler's charter are often given at the beginning of the narrative. Here are two examples too: 1st document from the 6th Dalai Lama from 1696:
For the monasteries and monks who are possessed by the incarnations Nagwang Tenpa Gyeltshen and Rinchen Chungne, the heads of the (monastery) Badha Gön in Denma, who wear the headdress of the yellow cap
2. Deed from King Tshewang Namgyel of Ladakh from 1760:
the ´gang-ba Phun-chogs climbed the foothills
Narration
A very nice example of the description of the circumstances that led to the granting of privileges can be found in the document of King Tshewang Namgyel of Ladakh from the year 1760. The description given here shows in particular the high historical significance of Tibetan documents as sources for the Own history of the Tibetan highlands:
In the female Earth-Rabbit year (1759), Ru-sen khan, the Jo of Shi-dkar, was captured by Ma-ma Za-phar mkhan, the Jo of sKar-rdo, and thrown into prison. Mir-bhig, the jo of Kye-ris, rebelled against Kha-bu-lo and went to sKar-rdo. By arranging the bad act of a union of the members of the sBal-ti, fortresses were built in Kye-ris and Ku-ros etc. and the uprising started. Since the jo Ma-ma A-li khan was cornered, he asked for help from the troops to seek protection. From here this was the first time any activity of warfare commenced. When (we) among the troop leaders no-no dBang-rgyal and no-no Ngag-dbang attacked together with the troops from Upper and Lower Ladakh and an army from Purig, jo Ru-sen mkhan was released from prison and (again) used over the fortress of Ši-dkar. Mir-bhig was again subordinated to Kha-bu-lo as before. When the fortresses of Kye-ris and Ku-ros etc. were taken without difficulty, the ´gang-ba Phun-chogs climbed the foothills and when the fortress of Kye-ris was besieged, he penetrated the fortress under crossbow fire with more than 15 men in service
Dispositio
The granting of certain rights is of course the most important part of the deed for the recipient (beneficiary) of a ruling deed.
In the case of the document of King Tshewang Namgyel of Ladakh from 1760, the disposition is as follows:
Based on these skills, the logging work and house building work in Chu-li gcig-po were exempted from him. All of your executives listed above should allow him to live peacefully without controversy, harassment and self-enrichment
In the document of the 5th Dalai Lama from 1648, the disposition has the following wording:
- In the area of the holy mountain… the hunting of wild animals, the hostility and the robbery of monks, the prevention of the collection of alms, etc., that is, what constitutes a nuisance to contemplation, may not be committed. Let it endure peacefully as a general object of worship!
Penalty formula
Threat formulas are very common in Tibetan documents. There are threats of punishment either by the ruler himself or by transcendent protective deities of Tibetan Buddhism. Examples:
Letter of protection of Penchen Lobsang Pelden Yeshe (tib .: pan chen blo bzang dpal ldan ye shes) from 1767:
On the other hand, by giving those who act in accordance with this instruction a salutary protection for this and the following life, there is no doubt that those who violate these regulations will be punished by harsh punishment on the part of the ocean of the protective deities of religious law who are bound by oaths to be tormented
Document from King Indrabodhi of Guge from 1653:
If someone turns out to be in breach of this, I will conduct a relentless investigation. Therefore, everyone should take note of this!
Petito
Notes on the persons who, by submitting a submission to the ruler, caused a document to be drawn up can only be found in documents from Ladakh. Example: Document from King Tshewang Namgyel of Ladakh from 1760:
The presenters (of the input) were no-no dBang-rgyal and no-no Ngag-dbang
Final protocol
In general, Tibetan rulers' deeds conclude with the mention of the place and the time of issuing the deed. This is always followed by an imprint of one of the author's seals as a means of authentication . Examples: Rule of the 5th Dalai Lama from 1676:
This letter to be followed was written on a salutary calendar day of the Gro-zhun month in the fire dragon (year) called A-na-la from the Po-ta-la , the palace with which the gateway to the four achievements opens once opens, written
Document from King Tshewang Namgyel of Ladakh from 1760:
This was written on the 19th calendar day of the 2nd month in the iron dragon (year) from the great palace Slel-mkhar rtse
literature
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- Dieter Schuh: Rulers' documents and private documents from western Tibet (Ladakh) . Edited by Christoph Cüppers. International Institute for Tibetan and Buddhist Studies, Halle 2008, ISBN 978-3-88280-081-4 , ( Monumenta Tibetica historica 3, 11).
- Hanna Schneider (edit.): Tibetan-language documents from southwest Tibet (Spo-Rong, Ding-Ri and Shel-Dkar). Berlin State Library - Prussian Cultural Heritage :
- - Volume 1: Rulers' deeds, basic ordinances and general decrees, confirmation deeds, legal decisions, handwriting and written orders, submissions, etc. Franz Steiner: Stuttgart 2012. ISBN 978-3-515-07349-3 ( Tibetan manuscripts and block prints . Part 16).
- - Volume 2: declarations of commitment, settlement documents, conciliation and division documents . Franz Steiner: Stuttgart 2012. ISBN 978-3-515-07350-9 ( Tibetan manuscripts and block prints . Part 17).
