The Kingdom of the Yellow Robe: Being Sketches of the Domestic and Religious Rites and Ceremonies of the SiameseYoung, Ernest
Religion
The Kingdom of the Yellow Robe: Being Sketches of the Domestic and Religious Rites and Ceremonies of the Siamese
Young, Ernest
Thailand -- Religious life and customs; Thailand -- Social life and customs
The course of procedure in any court is simple but slow. The plaintiff
presents his case in writing. This is neatly copied by the clerks,
and then read to the complainant in order to see that no inaccuracy
occurs. If he signifies that the document so read, is a faithful
reproduction of the original, it is folded up and fastened with a
bit of wax or soft mud, on which he impresses his private seal, that
is, the mark of his thumb-nail. A synopsis of the plaint is sent to
the defendant, who makes his answer in writing, which is similarly
copied and sealed. A day for hearing the case is appointed, but the
litigants are called together before the day of trial, with a view
to settling the matter privately. If these efforts at conciliation
prove unfruitful, the depositions are read before subordinate judges,
who, after considering the case, make their award in writing. Their
written judgment is forwarded to the chief judge and he pronounces
the sentence. The chief judge has full powers, but an appeal to the
king is allowable. This privilege is more or less a dead letter, as
it would be practically impossible for a poor man to get his appeal
brought before the notice of his sovereign.
Very few of the courts have a legal aspect. The judge reclines at
one end of the room, on a mat placed on the floor. Under his arm is
a three-cornered pillow. He smokes, drinks tea, chews betel-nut,
and spits during the whole course of the trial, and his example is
followed by the policemen, witnesses, lawyers and spectators.
A long and terrible oath is administered to each witness. It runs
as follows: "I, ----, who have been brought here as an evidence in
this matter, do now in presence of the divine Buddha declare that I
am wholly unprejudiced against either party, and uninfluenced in any
way by the opinions or advice of others, and that no prospects of
pecuniary advantages or of advancement to office have been held out
to me. I also declare that I have not received any bribes on this
occasion. If what I have now spoken be false, or if in my further
averments I should colour or pervert the truth so as to lead the
judgment of others astray, may the three holy existences before whom
I now stand, together with the glorious Devattas of the twenty-two
firmaments, punish me.
Public-domain text, read in full here on John Shaqi.
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