The History of Antiquity, Vol. 4 (of 6)Duncker, Max
History
The History of Antiquity, Vol. 4 (of 6)
Duncker, Max
History, Ancient
If no witnesses are forthcoming the king must endeavour to find out the
truth by the oaths of the accuser or the accused, which in cases of
special importance he may test and confirm by the "divine declaration."
Even the Brahmans could not refuse the oath; for Vasishtha had sworn to
the son of Pijavana (Sudas). The Brahman swore by his truthfulness; the
Kshatriya by his weapons, his horses, and elephants; the Vaiçya by his
cows, his corn, his grass; the Çudra, when taking an oath, must invoke
all sins on his own head.[243] If the king desires the "divine
revelation" on the truth of the oath, the person taking it must lay his
hand, while swearing, on the head of his wife, or the heads of his
children; or after taking it, he must undergo the test of fire and water
or fire; i.e. he is thrown into water and he must touch fire with his
hand. If in the second case no immediate harm follows, if in the first
the witness sinks like any other person, if in the third he is not
injured by the fire, the oath is correct. Fire, so the book proceeds, is
to be the test of guilt or innocence for all men; the holy Vatsa once
demonstrated his innocence by walking through fire without a hair of
his head being consumed.[244] When we consider the inclination of the
Indians to the marvellous, and their belief in the perpetual
interference of the gods, it cannot surprise us that these regulations
about the divine declaration--which are all that are found in the book
of the law--became at a later time much more extended and complicated;
it is also possible that the book has omitted certain hereditary forms
of the divine sentence, such as the carrying of hot iron, though they
continue to exist.[245]
When the king had thus come to a conclusion about the matter and its
position by means of indications, evidence, oaths, and "divine
declaration," when he had considered the extenuating or aggravating
circumstances, _e.g._ special qualities in the criminal, or repeated
convictions, and reflected on the prescriptions given by the law, he is
to cause punishment to be inflicted on the guilty. The book
acknowledges that the king alone is not sufficient for the burden of
pronouncing justice; it is open to him to name a representative, and the
necessary judges from the number of the twice-born; no exclusive right
in this respect is reserved for the Brahmans, but they are especially
recommended. "A court of law, assembled by the king, and consisting of a
very learned Brahman and three Brahmans acquainted with writing, is
called by the sages the court of Brahman with four faces." A Çudra can
never be named by the king as his representative in a court of law. If
such a thing were to happen, the kingdom would be in the unfortunate
position of a cow which had fallen into a morass.[246]
Public-domain text, read in full here on John Shaqi.
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