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A Study on the Orders of the Criminal Cases Issued by King Badon (1782-1819)

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A Study on the Orders of the Criminal Cases Issued by King Badon (1782-1819) 3RD INTERNATIONAL CONFERENCE ON BURMA/MYANMAR STUDIES: MYANMAR/BURMA IN THE CHANGING SOUTHEAST ASIAN CONTEXT 5-7 MARCH 2021, CHIANG MAI UNIVERSITY, THAILAND A Study on the Orders of the Criminal Cases Issued by King Badon (1782-1819) Aye Aye Myaing Department of History, Yadanabon University, Myanmar Abstract This paper presents orders relating to criminal cases in the reign of King Badon. Though Myanmar had been ruled by absolute monarchy with feudal system from Bagan era to Konbaung era, it was a community ruled under a fair judicial system in line with Myanmar cultural tradition. In order to establish such a fair judicial system, orders called yazathats (royal orders) and Dhammathat (code of law) were issued. In a judiciary system, the most highly responsible person is the king. The king is one of the commissioned Dhammathat judges. Thus, orders could be seen for it to be accepted by the public that the king ruled justly and decided fairly. This study pinpoints the ways of judiciary and administration of Myanmar kings that lasted until the end of Myanmar absolute monarchy and the feudal system. It is also presented that there were yazathats or royal orders issued depending on the country’s situation by the ruling kings based on Myanmar Dhammathats. The criminal cases are divided into major and minor crimes and the judgments given on the criminal cases by criminal laws and kings’ edicts are presented by comparing with today’s criminal law: the penal code. Orders issued in the reign of King Badon are with the virtue of preventing recommitting of crimes by the erstwhile criminals, and state peace and development. This paper should provide some help for those interested in Myanmar judicial system and Myanmar society in the reign of King Badon. Keywords: criminals, crimes, laws, orders, punishments 68 3RD INTERNATIONAL CONFERENCE ON BURMA/MYANMAR STUDIES: MYANMAR/BURMA IN THE CHANGING SOUTHEAST ASIAN CONTEXT 5-7 MARCH 2021, CHIANG MAI UNIVERSITY, THAILAND Introduction Myanmar practiced the feudal system ruled by absolute monarchy from Bagan Era to Konbaung Era. Myanmar scholars had produced Dhammathats and Myanmar kings issued yazathats or royal orders. In feudal period (AD 1044-1885), Myanmar administrative system was a system that pivoted on the king and there were no fundamental changes. The king was at the apex of the judicial machinery in monarchical days. Moreover, the king was law maker and the king's word is final. King Badon is the third eldest son of King Alaungmintaya (AD 1752-1760) among his 6 sons. After his death, the eldest son King Naung Taw Gyi (AD 1760-1763) and King Hsin Phyu Shin (AD 1763-1776) had right to rule in sequence with the order of King Alaungmintaya. King Hsin Phyu Shin passed the right to rule to his son King Singu. Although there were four more brothers of the same descendants, King Hsin Phyu Shin passed the right to rule his son King Singu as the Crown Prince, the beginning of usurpation of the Konbaung Period. King Singu’s throne was snatched by Phaung Kar Sar Maung Maung, son of King Naung Taw Gyi, which lasted only 7 days in Ava. After attacks on Phaung Kar Sar Maung Maung, King Badon succeeded to the throne. His was the longest reign in Myanmar history, and specially supported the religion. He was the king casting the third largest bell in Mingun and ruling the widest area among Myanmar kings by conquering Rakhine. He was quite rich in the above characteristics. Moreover, the territory of his kingdom is the same as today’s Myanmar. In the reign of King Badon, criminal cases were judged by the orders of the king. In the colonial and independence periods, a penal code was imposed for judgment of criminal cases. In presenting edicts issued by King Badon in this paper, some edicts are described along with comparative reflections of criminal laws practiced in the colonial and post- independence periods. However, it is a great pity that it is impossible to collect the lists of crimes during that period. Review of the Relevant Literature The Royal Orders of Burma (ROB), which is compiled, edited, translated and annotated with a long preface by Dr. Than Tun, includes the orders relating to judiciary, administration, agriculture and religion of the Konbaung Period. The ROB is a book that should be referenced for those who write about the history of Konbaung Period. Yezagyo Khondaw Hpyathton (Rulings by the Judge of Yezagyo) compiled by Yanna Meik Kyaw Htin is written in three parts. The first and second part include the judgments concerned with criminal and civil cases. The third part includes the law and orders to be obeyed by judges. This book is a good book to consider as a social mirror of Ancient Myanmar and as a source of legal evidence. Pyidaung-su Myanmar-naing-ngan Yazathatgyi (Penal Code of Union of Myanmar) collected by Myanmar Translation Law Committee incorporates the sentence of 69 3RD INTERNATIONAL CONFERENCE ON BURMA/MYANMAR STUDIES: MYANMAR/BURMA IN THE CHANGING SOUTHEAST ASIAN CONTEXT 5-7 MARCH 2021, CHIANG MAI UNIVERSITY, THAILAND punishments for crimes. This paper is based on the information contained in these books and other resources. Purpose I have chosen this topic to know the supreme importance of the king in Myanmar judiciary. The purpose of this study is to describe King Badon’s edicts aimed at the rule of law, the maintenance of keeping peace within the kingdom and preventing the criminals who did not dare to commit the crimes again and again. Research Questions 1. Why did King Badon issue the orders relating to criminal cases? 2. How efficient is the judicial system in the reign of King Badon for Law and Order? 3. How different have been the judgments for the crimes from the olden times? Methodology I would like to choose analytical research for this paper because it is needed to present the judgments for the crimes. It is based on comparative studies to analyze the differences relating the judgments in the reign of King Badon and the present time. Findings and Discussions Administration and judiciary form of Myanmar kings lasted until 1885 (which was the end of feudal system) related to judicial system for royal city, Hluttaw (Supreme Council which also served as the Supreme Court), Byedaik (Privy Council), She-yon (Eastern Court or Criminal Court), Anauk-yon (Western Court or Women’s Court which had jurisdiction over the civil and criminal involving palace ladies), Taya-yon (Civil court). The judicial system for provinces, administration, judiciary, and tax collection were done by Myo-wun (Provincial Governor), Myosas (Governors of towns), Myothugyi (Headman of a town), and Ywathugyi (Headman of a village) (Tin Aung Aye, 2012). Dhammathat means the pillar of Myanmar judiciary that is not just described laws. It is the code of law, a written and collected version of how the disputes were decided in that period (Tin Aung Aye, 2012). By basing on Dhammathats, there were Yazathats or royal orders issued by some Myanmar kings depending on the country context at the time. In this way, in the Myanmar Judicial system, two laws called Yazathat (Royal Orders) and Dhammathat (Code of Law) are there. Affairs relating to the king were decided by 70 3RD INTERNATIONAL CONFERENCE ON BURMA/MYANMAR STUDIES: MYANMAR/BURMA IN THE CHANGING SOUTHEAST ASIAN CONTEXT 5-7 MARCH 2021, CHIANG MAI UNIVERSITY, THAILAND the orders of the king, and theft, marriage affairs, hereditary cases, and other minor cases are decided by Dhammathats. (Toe Hla, 2004) Major and Minor Crimes In the reign of King Badon, the criminal cases were divided into major crimes and minor crimes. The major crimes were rebellion shattering the country, having sexual affairs with a palace lady, thefts, robbery, and rape (Tin, 2012). In the reign of King Badon, having an affair with married one was categorized as one of the major crimes (Aung Than Tun, 1968). Moreover, on 28 February 1795, making unrest in the community harming the peace of the community was also assumed as the major crime. (Pu, MS, 45218) Minor crimes were which were called as face to face cases having both defendant and plaintiff such as accidental manslaughter, assault and obscenity case (Tin, 2012). Judgment of Crimes In judging criminal cases, the judges had to follow the orders of the king. The orders of the king were Myanmar Criminal Law which is like today’s penal code. (Aung Than Tun, 1968) The criminals were sentenced by the judgments as death penalty, banishment, imprisonment, and penalty of Moung- kyaw (proclamation) according to the cases. (Tin, 2012) The criminals were sentenced to death penalty, life-sentence, fine or other punishments (Mg Mg Kyi, 1968). Issuing an Order to Judge by Kabaleyat King Badon issued the edict on 3 March 1782 for cases without firm evidence to judge them with one of the four types of trial by ordeal (kabaleyat) such as ye-ngoate (submerging in water), mipyaing (the ordeal of lighting), sanwa (chewing rice) and hke-htauk (the ordeal by lead).That order concerned cases with a conflict or lack of evidence: no living witness; no written evidence on paper or stones; written texts are not credible. At that time, four types of trial by ordeal were applied to judge the case (The Royal Orders of Burma, Vol.IV, 1986, p.230). Ye-ngoat (Submerging in Water) Of the four ordeals, ye-ngoat is a form of trial to determine whose statement was right by making both the accuser and the accused submerge under water. First they would be taken to the waterside, and jail officers would search them for amulets and cabalistic squares which they might have in their hair, between their fingers or toes.
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