Compiled by: Kandiah
Thillaivinayagalingam]-
For our understanding of Mesopotamian jurisprudence, we are aided
by the survival of court records. Some cases acquired such notoriety or seemed
so stereotypical that they became copying exercises for scribal trainees, and
were thus preserved in multiple copies. One of the most famous trials found in
sumeria is a murder that took place around 1900 BC. Three men conspired to
murder a fourth, and the intended victim's wife found out about the plot, but
she did nothing to stop it. The killers were later apprehended, along with the
all-too-reticent wife. The transcript goes like this:
Nanna-sig, Ku-Enlilla the barber, and Enlil-ennam the
orchard-keeper, murdered Lu-Inanna the priest. After Lu-Inanna was dead, they
told his wife Nin-dada that her husband had been murdered. Nin-dada kept her mouth
shut and didn't tell anyone. The case was referred to the city of Isin and
presented to the king.Ur-Ninurta remanded the case for trial before Nippur's
Assembly.
Ur-gula, Dudu the bird-catcher, Ali-ellati the noble, Puzu,
Eluti, Sheshkalla the
potter, Lugal-kam the orchard-keeper, Lugal-azida, and
Sheshkalla the son of Shara-har got up and said: "Since they killed a man,
they shouldn't be allowed to live. All four should be killed in front of the
ceremonial chair where Lu-Inanna used to sit." Then Shuqalilum the soldier
and Ubar-Suen the orchard-keeper got up and said: "Nin-dada didn't really
kill her husband, so why should she be executed?" At that point the Elders
addressed the Assembly and said: "If a wife has no respect for her husband's
life, it may be because she's already slept with another man. That other man
may murder her husband knowing she would never tell. Why else would she keep
silent? More than anyone else she's the one who caused her husband's death, and
she bears the most guilt!".The Assembly having resolved the issue,
Nanna-sig, Ku-Enlilla the barber, Enlil-ennam the orchard-keeper, and Nin-dada,
the wife of Lu-Inanna, were sentenced to death. Verdict of the Assembly of
Nippur.
All that is missing from the account are the tears in Nin-dada's
eyes and the downcast expressions on the faces of the condemned, including
Ku-Enlilla the barber, who probably wielded the deadly razor that took the
unsuspecting priest's life 4,000 years ago.
Sangam literature also helps us to know the types of cases tried,
the punishments awarded, and the mode of trial in Aramkuru Avaiam and also of
subordinate courts going by the name
“Uoor Chapaikal.”Tamil sangam literature,madurai-kanchi,clearly mentioned about
Courts that Deliver Justice as below:
"There are courts with fine principles delivering justice.
They protect justice without hatred or joy and are fair
like a balance scale, removing fear, shame and
anxiety of those who seek justice."[Lines 489 to 492]
We also find a court scene in silappathikaram as in
Mesopotamia.where Kannagi husband Kovalan was wrongly punished with death
sentence by pandian king Nedunchezhiyan and beheaded Kovalan.On hearing the
news of her husband’s death, Kannagi
stormed into the court of the Pandiya King and and told the palace
guard:
'Hay, doorkeeperi! Hay, watchman! Hay, palace guards of an
irresponsible ruler whose vile heart lightly eases aside the kingly duty of
rendering justice! God! Tell how a woman, carrying a single ankle bracelet from
a pair that once joyfully rang together, waits at the gate. Go! announce me!”
The guard bowed before the king and said: “Long live the ruler of
Korkai! Long live Tennavan, Lord of the Southern mountains" and conveyed
the message of arrival of Kannagi.,
The king said: “The guard let the woman enter and brought her to
the king.” When she drew near the monarch, he said; “Woman, your face is soiled
from weeping. Who are you, young woman? What brings you before us?”
She replied:
“Oh, you king
of confused mind,
I with complaint here have come;
I come from
Puhar famed for justice
where the ruler
gave himself
Just to save a
hostage bird:
Mind you, Oh
king! he gave his body
To save a bird
that found refuge.
A weeping cow
once rang the bell
To get an
audience of the king;
She lost her
calf a tender one!
Who killed the
calf? None but king’s son
who drove the
car on lurking calf;
Accident!
Accident! No thought he had
to run the car
to kill the calf;
Many and many
were the laws
The priests and
elders gave the king
To excuse the
son, the only heir.
Shook his head
in disdain,
Rose the king from exalter throne.
Took his son
and ran the car
Over his, who
should succeed
The noble
throne of Chola clan,
Thus was
justice met to all
This is the
place from which I hail
That is justice we have known.
How proud Kanuaki feels of her land and the justice of the
rulers! And further she narrates: “There in Puhar a man Kovalan was born.He was
the son of a wealthy merchant, Masathuvan. His family is known and his name
untarnished. Led by fate, O king, he entered your city, with jingling anklets,
expecting to earn a living. When he tried to sell my ankle bracelet, he was
murdered. I am his wife. My name is Kannaki.”
The king answered,
“Divine woman, there is no injustice in putting a robber to
death. Do you not know that that is the duty of a king?”
Kannaki said, “King of Korkai, you went astray from the path of
duty. Remember that my ankle bracelet was filled with precious stones.”
“Woman” the king answered, “what you have said is pertinent. For
ours was filled, not with gems, but with pearls. Let it be brought.” The ankle
with bracelet was brought and placed before the king.
Kannaki seized it and broke it open. A gem sprang up into the
king’s face. When he saw the stone, he faltered. He felt his parasol fallen,
his scepter bent. He said, “It is right for a king to act upon the word of a
miserable goldsmith? I am the thief. For the first time, I have failed in my
duty as protector of the Southern kingdom. No way is left open to me save to
give up my life.” And having spoken, the king swooned & died.
PART
:33 WILL
FOLLOW IN NEXT WEEK
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