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The Royal Orders of Burma, A.D. 1598-1885 Part Five, A.D. 1788-1806

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The Royal Orders of Burma, A.D. 1598-1885 Part Five, A.D. 1788-1806 THE ROYAL ORDERS OF BURMA, A.D. 1598-1885 PART FIVE, A.D. 1788-1806 Edited with Introduction, Notes and Summary in English of Each Order by THAN TUN, M.A., B.L., Ph.D. (London) Professor of History,Mandalay University V KYOTO THE CENTER FOR SOUTHEAST ASIAN STUDIES, KYOTO UNIVERSITY 1986 THE ROYAL ORDERS OF BURMA, A.D. 1598-1885 PART FIVE, A.D. 1788-1806 THE ROYAL ORDERS OF BURMA, A.D. 1598-1885 PART FIVE, A.D. I788-I806 Edited with Introduction, Notes and Summary in English of Each Order by THAU TUN, M.A., B.L. , Ph.D.(London) Former Professor of History, Mandalay University KYOTO THE CENTRE FOR SOUTHEAST ASIAN STUDIES, KYOTO UNIVERSITY 1986 CONTENTS Acknowledgement iv List of colleagues who helped in collecting the Royal Orders vi Introduction vii Summary od Each Order in English 1 Royal Orders of Burma in Burmese 331 v xxvi KURENAI : Kyoto University Research Information Repository Title Acknowledgement Author(s) THAN, TUN THE ROYAL ORDERS OF BURMA, A.D. 1598-1885 (1986), Citation 5: [4]-[4] Issue Date 1986 URL http://hdl.handle.net/2433/173878 Right Type Departmental Bulletin Paper Textversion publisher Kyoto University ACKNOWLEDGEMENT The editor owes much gratitude to THE CENTRE FOR SOUTHEAST ASIAN STUDIES KYOTO UNIVERSITY for research facilities given to him in editing these Royal Orders of Burma and to have them published under its auspices. He is also thankful to THE TOYOTA FOUNDATION for the financial aid to publish them. iv KURENAI : Kyoto University Research Information Repository Title List of Colleagues who helped in collecting the Royal Orders Author(s) THAN, TUN THE ROYAL ORDERS OF BURMA, A.D. 1598-1885 (1986), Citation 5: [6]-[6] Issue Date 1986 URL http://hdl.handle.net/2433/173877 Right Type Departmental Bulletin Paper Textversion publisher Kyoto University List of colleagues who helped in collecting the Royal Orders Aung Kyaw (Chaung U) Aung Myin Chit So Myint Htun Yee Khin Htwe Yi Khin Khin Khin Khin Gyi Khin Khin Sein Khin Lay Khin Maung Htay Khin Myo Aye Khin Nyun (Mrs Thein Than Tun) Khin Yi (Mrs Than Tun) Kyaw Kyaw Win Mya Mya Mvine Myine Myint Myint Myint Htet Myint Myint Than Myo Myint Ni Ni Myint Ni Toot Nyunt Nyunt Way Ohn Kyi (Chaung U) Ohn Myint Oo Pannâjota Sai Kham Mong San Myint (Candimàlâ) San Nyein San San Aye Saw Lwin Sein Myint Than Than Thant Zin (Mawlike) Thaung Ko Thein Hlaing Thein Naing Thein Than Tun Thoung Thoung Tin Maung Yin Tin Tin Win Toe Hla Tun Nwe Tun Thein Win Maung Yi Yi Yi Yi Aung vi KURENAI : Kyoto University Research Information Repository Title Introduction Author(s) THAN, TUN THE ROYAL ORDERS OF BURMA, A.D. 1598-1885 (1986), Citation 5: [7]-[13] Issue Date 1986 URL http://hdl.handle.net/2433/173876 Right Type Departmental Bulletin Paper Textversion publisher Kyoto University INTRODUCTION A BURMESE KING respected the customs of the people in as much as the same way as his subjects did (ROBs 19 June 1368 , 5 December 1789 and 28 January 1795 )- He might, however, connive a crime committed against his person or property (ROBs 5 April 1568, 28 January 1795 , 18 March 1796 , 18 April 1811 and 22 March 1812). It was probably because of the Buddhist influence. He wanted his ministers to bring to his notice whenever a culprit had been sentenced to death for having misappropriated his property (ROB 18 April 1811 and 22 March 1812) because the culprit had a chance of being pardoned. A criminal who was about to be executed could be saved by the consort of Crown Prince (ROBs 18 February 1788 and 15 March 17 88 ) without giving any reasons. The King's attitude on the Dhammathat was quite precise. He said that in almost all the law suits, the Dhammathats shall be the guide for making decisions (ROBs 18 August 1783 , 29 August 1783 , 12 November 1783 and 5 December 1789 ) - There was, however, one exception. Some Royal Orders were to be taken into consideration before a final decision was made (ROB 18 August 1783 ) - The King also thought it best to keep the number of law suits in the minimum at any time at any law court (ROB 5 December 1789 ) because to sue a case for redress at a court was always very expensive and many disputes could be settled , as it was allowed by custom, through arbitration (ROB 23 May 1801) except murder (ROB 3 August 1795 )* For a crime where capital punishment should be given, arbitration was not allowed and to withdraw a plaint of this serious nature made first at a coùrt m order to settle.it through arbitration is punishable (ROB 23 July 1801). In criminal procedure, five important additions were made by the King, viz. 1 Cases that fell within the jurisciction of a lower court shall never be brought to Hluttaw (ROB 5 March 1805). 2 A city court's decision shall be taken as a precedent (ROB 5 December 1789 ) • 3 Judgements should be passed as quickly as possible (ROB 12 July 1806) and if a court was slow to pass a decision, the plaintiff had the right to vii apply for a transfer of his case to Taya Yon - Law Court, in the city (ROB 16 July 1806). U A judge shall name the punishment and it was Myo Wun - Town Officer, who shall execute the punishment (ROB 5 December 1789)- 5 Any cultivator who was summoned to appear in a law court in a town or the capital city either as a witness or as a defendant must be allowed to go back to his field for cultivation when the growing season began (ROB 12 May 1801); because a cultivator's work to produce rice which was the main stay of the nation should not be disturbed; in fact all agricultural productions should be increased as much as possible (ROB 16 May 1801). Tha King maintained that the punishment should be in right proportion to the damage done by a criminal act though he agreed that punishment might vary in accordance with the status of a man who committed a crime or to whom the wrong had been done and in a case of murder, although a compensation was allowed by the customary law, he said that from now onward it was to be a death sentence (ROB 5 December 1789)- Anauk Thwa - Went the Way West, is the phrase for being taken to the cemetery for execution. Nga Myat Thu (Min Gyi Nanda Kyaw Htin) 'went the way west' (ROB 12 March 1788) though for what crime he was sentenced to death was not known. (Three days later he was pardoned : ROB 15 March 1788 ). Nga Myat Taw (Maha Thiri Zayya Thin Gyan) and Nga Kyaw Htway (Tipitakalankâra- siridhajamahâdhammarâjadhirâjaguru, Bagaya Saya) 'went the way west' (ROB 12 April 179^) because the minister took the Authorised Copies of Pitaka from (the Royal Library) to the monastery of the Royal Preceptor without any permission and there the copies were destroyed in fire. On the other hand, hardened criminals like robbers and thieves, were given amnesty; only those who were captured would be executed while those who voluntarily surrendered would be pardoned and enlisted in the King's fighting forces (ROB 2U July 1806). Even though the thieves were persuaded in this way to mend their old ways, burglary was the curse even of the capital city (ROB 19 October 1806). The King was lenient on two other curses of mankind, viz. gambling and prostitution. He said that gambling was all right if there were no cheating (ROB 28 January 1795) and with license within a given quarter (called Zagyin Wa) prostitution was legal (ROB 27 July 1783 and 28 January 1795)* Sex perverts like lesbians and sodomites, however, must be punished (ROB 28 January 1795) though fellatio was not a crime when both parties agreed to it (ROB 2 October 1810). In civil procedure the King wanted to use as much as possible the old records to verify statements regarding boundary demarcation or ownership of land. For instance, in a land dispute, the King wanted to use a relavent inscription on stone where the limits of a religious land (ROB 2h March 1783) or the jurisdiction of an officer would be given (1 December 1783, Kon I 1967, 556). In the family registers of either Athi - Common Folks, or Asu Angan - Group or Division of Service Men, generations of them would be enumerated. 'Any discrepancies as to a mamber of one group living or working among another group or division of children in a mixed (i.e. intergroup) marriage, should not be tolerated (ROBs 25 December 1783 and 2 November 180U). He also wanted the register of the Royal Family updated (ROB 20 January 1788) and all previous Royal Orders copied (ROB 20 February'1788). Accounts on historical events were checked against old records (ROB 6 February 1800). An officer and several scribes were assigned to copy all pagoda and monastery inscriptions which were in bad condition in all parts of Burma and to made new stone inscriptions of them (Kon II 1967, 88). Because the King considered that if anyone wanted to study the way of life, history was one of the best works to be consulted (ROB 28 January 1785). For future reference, all important current events must also be written most scrupulously allowing no mistakes (ROB 8 July 1806). He wanted the Palace Inscription of Shwe Nan Kyawt Shin - Lord of the Magnificient Palace, (S 872, AD 1510, List 10501, PPA 1892, 363-372) copied for use in some of his various construction plans (ROB 27 August 1806).
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