Burmah and the BurmeseMackenzie, Kenneth R. H. (Kenneth Robert Henderson)
History
Burmah and the Burmese
Mackenzie, Kenneth R. H. (Kenneth Robert Henderson)
Burma -- Civilization; Burma -- History
There is another way in which causes are decided on very rare and special
occasions,—the trial by ordeal. This is either by water or melted lead.
In the first instance, the plaintiff and defendant are made to walk
into the water, and whichever can hold out longest under its surface is
declared the winner. The other mode consists in putting the finger in
boiling water or melted lead, and trying who can keep it in the longest.
The stocks are a great torture in this country, for they are made to
slide up and down, so that the head and shoulders touch the floor. Of
the prisons, sad and disagreeable accounts are given, but they are very
insecure.
I may here remark, that it is an accepted truth, that the only use to
be derived from the examination of the institutions of other countries,
is that they may be compared by us with our own, and that they may
serve as a standard whereby to measure the enlightenment to which we
have attained. I hope, therefore, that I shall find some one willing to
excuse me for having mentioned our “noble institution,” that “bulwark of
our liberties,” the most High Court of Chancery, in the same page with
the law courts of Burmah, where so much equity and moderation prevail.
Because, of course, it is only the “rabble,” the “herd,” the “great
unwashed,” that suffer, and these are of no account whatever in either
nation, British or Burman, especially in the eyes of Secretaries at War.
Having now ended my account of the Burmese law courts, I shall pass on to
a totally different subject,—the Burmese law.
The various codes of laws which are considered of authority are,
according to Crawfurd,[45] the Shwe-men, or Golden Prince, the Wan-da-na,
and the Damawilátha, to which may be added the Damasat or Damathat, a
Burmese translation of the Institutes of Manu. In these law courts,
however, all codes whatever are dead letters, for to none does any judge
ever refer. Malcom observes:[46]—“As a great part of their income is
derived from lawsuits, they [the rulers] generally encourage litigation.”
The flight of a debtor does not relieve his family of the liability;
but no wife can be obliged to pay the debts he has contracted during a
former marriage. When a loan is entered upon, each of the securities
is responsible for the whole amount, and the lender can force the first
person to pay that he can catch. The property of insolvents must be
equally shared among the creditors without preference. The eldest son
inherits the arms, wardrobe, bed, and jewellery of his father; the rest
of his property is divided into four equal shares, of which the widow has
three, and the family, exclusive of the eldest son, take the remaining
fourth.
Public-domain text, read in full here on John Shaqi.
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