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Published online by Cambridge University Press: 15 March 2011
The following translation is made from a MS. of Vakhtang's Code of Laws, purchased from a dealer in Tiflis in January, 1911, which is now the property of the Bodleian Library. The MS. is in good condition and bound in wooden boards covered with stamped leather. It is on yellow glazed paper, watermarked 1746, paged from 1 to 851; and then there follows, unpaged, a Code compiled by Prince David, son and heir of the last King of Georgia, which was hitherto unknown and bears that prince's autograph with the date “November 26, 1800” and a colophon by Gabriel, priest of Anchiskhati Church, dated 1805. The size of the page is 12 by 8 inches, of the text 8½ by 5½ inches. There are eighteen lines to the page and eight folios to the quire. A note on p. 57 says it was written by Ose Decanozishvili by the King's command in 1750, but this entry seems to have been made later in lighter ink and may only refer to the index. A remarkable feature of the MS. is that certain words (apparently those about which the scribe felt some doubt) are marked or ; this seems to show a conscientious transcription of an old original. The MS. begins with an alphabetical list of contents (paged 1–57), the earlier part of which (before ) had apparently been lost before the pages were numbered. Then comes the usual tabular index of subjects (pp. 62–136), with references to all the sections of the code for comparative purposes, so that the laws of Vakhtang, George, the Athabegs, and the Catholicos may be compared with each other, and with Greek, Armenian, and Mosaic legislation, at a glance.
page 600 note 1 The translator has to thank Mr. M. Tseretheli for his kindness in reading through this translation in MS. and making several valuable suggestions.
page 600 note 2 Dzeglis dadeba, “the setting up of the pillar, or column”; cf. Brosset, , Hist, de la Géorgie, i, pp. 648–9Google Scholar; Laws of Vakhtang, § 102; Dasturlamala, i, §§ 23, 66, and ii, §§ 1–23.
page 600 note 3 In Cakhethi, at the junction of the two Aragvis, “grande et forte citadelle, ville autrefois, maintenant déserte” (Brosset, , Wakhoucht: Descr. géogr., p. 299).Google Scholar
page 600 note 4 “Résidence royale,” in Mthiulethi, (Descr. géogr., 475, 223, 231).Google Scholar
page 600 note 6 Herovani. Urbneli uses the form haerovani. There are some who translate as “people”, deriving from eri.
page 600 note 6 The fortress commanding the road over Mount Caucasus; “résidence royale, où s'arrêtaient les souverains dans leurs expéditions contre l'Oseth” (Descr. géogr., 229).Google Scholar
page 611 note 1 Descr. géogr., 223Google Scholar. This has always been the most sacred Christian shrine for the mountaineers, and their most binding oath is by St. George and Lomisa; cf. § 42 infra
page 611 note 2 Descr. géogr., 223, 233Google Scholar. A mountain and river, the latter running from Lomisa to join the River Ksan.
page 611 note 3 Descr. géogr., 217Google Scholar. “Un bel endroit et une résidence royale,” near the confluence of the Rivers Ksan and Mtcvari (Kura).
page 611 note 4 Greek thêma; clan; cf. Rambaud, , L'empire grec au xe siècle, 175–89Google Scholar; Lebeau, , Hist, du Bas Empire, xi, 461Google Scholar; Laws of Vakhtang, § 256.
page 611 note 5 Head of a city, district, village. In this case perhaps synonym of gamgebeli = steward.
page 612 note 1 On modern Russian maps “Крестовая гора”, in Georgian “Djvaris Mtha”; the summit of the pass over the Caucasus (Descr. géogr., 213).Google Scholar
page 612 note 2 Descr. géogr., 219Google Scholar. Ou the military road near Anauur.
page 612 note 3 D. Bakradze here gives a note which is summarized as follows: George V, who expelled the Mongols and for a short period welded the fragments of Georgia into a whole, and organized the civil and ecclesiastical administration, designed these Laws to reform the manners of the Georgian population at the headwaters of the Aragvi and Ksan. His Laws are monuments of the language as well as the jurisprudence of Georgia, but many of the terms need explanation. The Highlanders were under the local Eristhavni (Chiefs) of Ksan and Aragvi, under whom were Mouravni or Gamgebelni (Stewards), Khevis Thavni (Heads of Glens), Khevis Berni (Elders of Glens), and Mamasakhlisni (lit. house fathers). Important cases passed, with reports from the Eristhavni and Mouravni, through the Vezir (Vaziri, Chief Minister of the Crown) to the Darbazi (assembly, council, court). Vendetta was so common in the Highlands that it had to be legalized. There seems to have been, previous to these Laws, no recognition of the rights of the Crown, or of the central Church, or of landlords; order and law were eclipsed. In the Laws of George, and in those of Aghbugha and Beka, a century and more later, the professional judge does not yet appear; cases are settled by Shuani (intermediaries, mediators), or Bdcheni, whose task it was to compromise matters without recourse to judicial forms. The Bdcheni seem to have been chosen by the parties interested. Bdche in the Laws of Vakhtang (§ 215) has already the sense of official arbitrator, but even then there was no organized judicial body, and the Mdivan Begs and Mdivanis of the eighteenth century were not professional lawyers, they were also notaries, etc., and landlords, Mouravs and other officials judged in their own districts (cf. Dasturlamala). We may add that the word eristhavi means literally “head of the people” (cf. Джаваховь: О государств. строй древн. Грузіи); he was assisted in his administration by the gamgebeli, his inferior in power, who replaced him in his absence. The only MS. of the Laws of George to which Bakradze had access was the copy which had belonged to Prince Theimuraz.
page 613 note 1 ? Not of noble birth; Cf. § 4, infra. Or perhaps the phrase means “let an officer be steward” (?). For msakhuri in the sense of “veteran”, cf. Laws of Vakhtang, § 32.
page 613 note 2 Thethri; cf. Brosset, , Hist, de la Géorgie, Introd., lxxxi.Google Scholar
page 613 note 3 The text of this passage is very obscure and the translation is doubtful.
page 613 note 4 Begara = statutory labour (French corvée).
page 614 note 1 The vizir, vezir, vazir, or, in the older native form of the title, ezoth-modzghvari, was the Governor of the Royal Court, and in all matters the king's first counsellor. Sometimes he was an ecclesiastic of high rank (Descr. géogr., 20, 40Google Scholar; Hist, de la Géorgie, 307–8)Google Scholar. He and the other officers of the Court formed the Royal Council.
page 615 note 1 Begara = French corvée.
page 616 note 1 The drahcani thus = 6 thethris; Cf. Brosset, , Hist, de la Géorgie, Introd., clxxviii.Google Scholar
page 617 note 1 The text is obscure.
page 618 note 1 Vakhtang's Code, §§ 224, 248.
page 618 note 2 Our MS. reads (men); Cacabadze reads (? Catholicos).
page 619 note 1 Cf. § 25, infra.
page 619 note 2 Lit. “crown-blest”.
page 619 note 3 Lit. “cross-exchanged wife”; cf. Laws of Aghbugha, § 40.
page 619 note 4 Cf. supra, § 21.
page 620 note 1 § 22.
page 620 note 2 Bakradze says some interpret “a stranger, outsider”.
page 620 note 3 Gershi; cf. Professor Marr's monograph on the word gershi, also the Georgian version of Leviticus xxiv, 19, 20, and §§ 29, 32, infra.
page 620 note 4 Mtsirveli = servant of God; cf. Chubinov's Dictionary.
page 620 note 5 Mtsirveli? = nuns.
page 621 note 1 Bakradze. In Karthli, Cakhethi, and Imerethi escheats became the property of the Crown, the landlord, or the Church, according to the overlordship in each case; but they were almost always regranted, either to distant kinsfolk or, failing them, other men of merit; cf. Laws of Vakhtang, §§ 232, 248; Customs, § 31; Brosset, , Hist, de la Gèorgie, ii, livr. ii, p. 480Google Scholar. Among the mountaineers there seems to have been no rule prior to this enactment.
page 621 note 2 The text is not clear. An alternative reading is: “He who having a dispute with another summons him two or three times to justice, and the party summoned goes not, must, appearing before the steward, explain the matter to him, and he is bound to report to the Eristhavi.”
page 622 note 1 The remainder of this paragraph should form a separate section, and thus the reduplication above in §§ 21 and 25 would be avoided while preserving the number of articles in the statute.
page 624 note 1 Asabia. The reference is probably to sworn brothers who had made a pact of adelphopoiia; cf. note to p. 48 of Rusthaveli, 's Man in the Panther's Skin (vol. xxi, Oriental Translation Fund, New Series)Google Scholar. It is evident that the association was for the purpose of brigandage. M. Tseretheli says: “I think is an Arabic borrowed word. , ṣaḥaba = to be a comrade.”
page 624 note 2 The text of the second half of this paragraph is almost unintelligible.
page 624 note 3 This church, dedicated to St. George, is situated on one of the tributaries of the River Ksan, on the ridge of Lomisis Mtha, on the boundaries of the districts of Mthiulethi, Zhanuri, and Tzkhra Zma (Descr. géogr., 223).Google Scholar
page 626 note 1 Translation doubtful.
page 626 note 2 The Laws of Aghbugha and Beka (§ 95) also fix 20 per cent as the maximum and forbid compound interest. Vakhtang's Laws (§ 125) make 12 per cent the legal rate.