Voyage to the East IndiesPaulinus, a S. Bartholomaeo
History
Voyage to the East Indies
Paulinus, a S. Bartholomaeo
India -- Description and travel -- Early works to 1800
The offenders are always hung on the spot where the crime was
committed. The gallows consists only of two beams, and can with
great ease be transported from one place to another. A hook is fixed
to one end of the rope, and this hook the executioner forces, with
all his strength, into the flesh below the criminal’s chin; he is
then hoisted up, and the other end of the rope is made fast to the
gallows. The delinquents sometimes are hanged also in the European
manner, so that they are instantly suffocated. Lesser crimes are
punished by cutting off the nose and ears; by hacking off the
right hand; banishment from the country, imprisonment, hunger and
thirst; sequestration or confiscation of property, and sometimes by a
pecuniary fine.
The sentence of death must, in general, be subscribed by the
delinquent’s own hand, after he has been heard and convicted of
the crime laid to his charge. The place where the trial is held
is called _Mandava_, and forms a sort of court of judicature in
the magistrate’s habitation. Of such magistrates there are a great
many, and they always reside in the neighbourhood of a temple. As
soon as the delinquent is convicted, the magistrate repairs to the
_Mandrashàla_, or judgement-hall, where all the other magistrates,
together with some Brahmans, are assembled. On their opinion and
sentence the life or death of the delinquent depends. He is, however,
at liberty to appeal to the king; and on such occasions is never
executed till the king confirms the sentence. In doubtful cases,
the superintendants and elders of the cast are consulted. In these
assemblies the first object of the members is to enquire into the
laws, customs and usages formerly established in the cast, or in the
town or city where the trial takes place; and according to these old
precedents the point in question is determined.
During the whole time I resided in Malabar I never heard of a
criminal being beheaded, but sometimes that one or two had been run
through with a lance. Oaths are always taken before the gate of a
temple; and the person who swears, places both hands on his head,
and invokes _Mahadeva_, that is, the great god, the avenger, to
punish him as a perjuror if he violates the truth. The courts of
justice are kept open daily for every person from an early hour to
the time of ablution, and from the time of supper till midnight.
At the periods of new and full moon, and on the festivals of
_Shiva_ and _Bhagavadi_, when the king must be present at the solemn
presentation of offerings, no judiciary business is done, and the
courts of justice are shut. Women, slaves, exiles, and persons to
whom infamy is attached, are incapable of giving valid testimony. In
former times, if a suspected person waded through a stream infested
by a crocodile, or put his finger into boiling oil, melted lead, or
a coco-nut shell in which a snake was concealed, and drew it out
unhurt, he was declared to be innocent. This practice, however, is no
longer in use.
Public-domain text, read in full here on John Shaqi.
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