The History of Antiquity, Vol. 4 (of 6)Duncker, Max
History
The History of Antiquity, Vol. 4 (of 6)
Duncker, Max
History, Ancient
The doctrine of the Brahmans that no living creature is to be killed is
little attended to in respect of human life either in their penal code
or in their asceticism. The punishment of death is perhaps less
frequently imposed than elsewhere in the East, but mutilations are only
the more common, and at times they are employed to aggravate the
sentence of death, which is inflicted by beheading and impalement.[247]
The legends of the Buddhists show that cruel mutilations were not
uncommon. Men of the despised classes, especially Chandalas, served as
executioners.[248] The Brahmans are to be free from all bodily
punishment; the other castes could be punished either by loss of life,
or of the sexual organs, or in the belly, the tongue, feet and hands,
eyes and nose, and were distinguished by different brands on the
forehead.[249] But the book of the law adds a rule of some importance
intended to win respect and legal value for the priestly arrangements
of penances: all criminals, who perform the religious expiations
prescribed for their offence, are not to be punished in the body, but
only condemned to pay a fine. Next to corporal punishments, fines are
the most frequent; but imprisonment is mentioned; this was carried out
in gaols, which were to be erected on the highways "to spread terror."
The book allows the kings absolute power to punish with capricious
severity and with death any attempt and even "any hostile feeling"
against themselves. This is necessitated by the position of the despotic
ruler whose throne depends on keeping alive the sense of fear in his
subjects. "He who in the confusion of his mind betrays hatred against
his king must die; the king must at once occupy himself with the means
to bring about his destruction." Any one who has refused obedience to
the king or robbed the king's treasury must be put to death with
tortures.[250] He who forges royal orders, puts strife between the
ministers of the king, appropriates the royal property, has any
understanding with the enemies of the king, and inspires them with
courage, must die. So also must the man who has killed a Brahman, a
woman, or a child,[251] who has broken down a dyke, so that the water in
the reservoir is lost.[252] Adultery under certain circumstances is
punished with death. Robbery, arson, attacks with violence on persons or
property, are punished very severely, for such crimes "spread alarm
among all creatures."[253] The punishments prescribed by the law for the
protection of property are, comparatively, the most severe; it seems
that the Brahmanic view, which allots to each creature his sphere of
rights, regarded property, the extended circle of the person, as an
appurtenance deserving the strictest respect, and that the Brahmans
looked on the protection of property as an essential part of a good
arrangement of the state, which must secure his own to every man and
maintain him in the possession of it. The king is to suppress theft with
the greatest vigour.
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