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by M. B. Dassanayake

The supreme judicial power resides in the King and was exercised in original jurisdiction or in appeal. Cases originally entertained and decided by the King are: first - those which arise between any principal officers or servants of his court or household or cases in which a principal person belonging to any of these classes, is defendant especially those regarding 'dukgeniwili' lands and disputes arising amongst inferior persons belonging to the King's Court or household, as the 'ulpenge', 'multhenge' and 'kumara-maluwa' people, are decided by their respective chiefs or by the Adigar without reference to the King. Secondly - suits arising amongst priests for principal temples or benefices. Thirdly - high crimes of which no inferior authority can take cognisance, viz, treason, rebellion, conspiracy and other crimes affecting the King's person or family.

The great court called 'Maha-maduwa', formerly and properly consisted of the Adigars, Dissawas, Lekams and Mohandirams (on low bench) but of later years all the chiefs have been called to assist at it, and especially any distinguished for their ability and judgement. The Court was held at different periods as occasion suited sometimes in different buildings without the palace or sometimes in the verandah of the Hall of Audience. There was formerly it is said, a Court House near 'Pattini Devale', which was partly rebuilt in the time of the last King of Kandy, Sri Wickrema Rajasinghe, but never completed.

Oaths

Oath can be administered only by the authority of the Adigars in the districts surrounding Kandy or the Dissawas in the respective Dissawanies and of the 'wannigars' of the Nuwara Kalawiya. This same power has been exercised by the principal 'Mohottalas' of Sabaragamuwa, Seven Korales and Wellassa.

It is forbidden in the town of Kandy and takes place either at the 'Diwuran-Bogaha' at Ampitiya, the 'Bogaha' at Gannoruva or the 'Bogaha' at Gonagodapitiya. The two parties in the suit being directed to swear, abstain from all pollution and purify themselves during three days.

On the day appointed which is either Wednesday or Saturday, they proceed to the house of the Adigar, when two olas called 'Divi-sittu' have been properly written and prepared one in the name of each party, assorting the truth of the point upon which is right depends and denying the same for his adversary, declaring that he has employed no sorcery or medicines and calling the four Gods to witness the truth of his words.

They next with the messenger of the Adigar (visit) the four temples in Kandy or sometimes only to that of Pattini Devale. In the presence of the Kapurala they offer each a 'Tangama' (8 pice) upon the altar and call the Gods to witness that the contents of the 'olas' are true, and Kapurala invokes them to manifest an evidence.

From the temple they proceed with three messengers to the spot where three sticks of the lime-tree are planted to hold the earthen vessel in the centre of a small enclosure formed by stakes and white coconut leaves 'gok', two or three coconuts are brought by each party.

The oil is extracted from them and poured into the vessel and cowdung mixed with water and strained, is prepared in another and the fire kindled, a friend or servant from both parties assisting in all these operations. The officers having ascertained that the oil and cowdung water are boiling not by immersing in it a strip of white coconut leaf 'gok', each litigant advancing from opposite sides with the two 'Divi Sittu' bound respectively to the lower part of their right arms, break the fence of white olas calling the Gods to witness as before at the temple, that the contents of the 'Sittu' and sit themselves near the fire.

First the plaintiff touches the burning oil with the tip of his core or middle finger usually three times in succession and sprinkles a drop or two upon a leaf which is placed besides it for the purpose of this proof and sprinkles in like manner a little of the water impregnated with cowdung. Immediately after, the Defendant performs the same operation and the hands of both being wrapped up with a cloth tied round the wrist, they are conducted before the Great Court or the Adigar of Dissawa who sent them.

Here their fingers are minutely examined, and if nothing is perceptible their hands are usually wrapped up a second time with a wet rag or a piece of lime stuck on the finger wherewith the boiling liquids had been touched, and their hands are, re-examined the next morning or evening for the purpose of determining with greater certainty. After the examination is terminated they both again repair the temple with a pingo of fruits and become absolved from their interdiction. If both persons or if neither of them be burnt, the land is equally divided between them.

If one only be burnt, he loses the land and both 'Divi Sittu' are delivered to the other and if required a Sittu of decision. The Kapurala and officers who attended are entitled to fee of 1 Ridi each, the chief to a fee of 4 Ridi for the 'Divi Sittu' and again after their return from the ordeal to 5 to 7 1/2 Ridi from both.

Sometimes at the desire of one or both, the parties are sent to swear at some celebrated temple in the country as Hanguranketha, Dodanwela, Alawatugoda, Embekke, Dambulla and rarely Kataragama and sometimes in the Dissavonies, the alms are carried from the temple to a small ornamented hut erected for the purpose in the disputed land and the ceremony performed in the same manner. This mode of trial is also sometimes used in cases of debt, of 'huniyam' and of robbery but in the latter the accused person only is subjected to the ordeal.

Executions

It is said that in former times, the fields of Bogambara in Kandy were a customary place of execution, but it had not been used as such during many years, till the female relations of certain chiefs were drowned in the lake in 1814, and criminals were put to death near their different places of confinement or elsewhere as the occasion seemed to render advisable but during the reign of the last King, the executions, which were numerous, commonly took place in a field three miles west of Kandy near the bank of the river Mahaweli and the ferry of Gannoruva. Principal chief and persons of noble families were decapitated with a sword.

Punishments

The instances of capital punishment inflicted on women are rare, and these have generally been executed by drowning except in the case of a woman, who for murder (and it is said also for eating human flesh) was whipped and dragged through the streets of Hanguranketha and died under the punishment.

For atrocious offences, not considered deserving of death, they are whipped with rods at the 'Maha Gabadawa' or through the streets of Kandy carrying a basket of sand upon the head and sometimes are punished by cutting off their hair, which is a signal disgrace, after the punishments are either discharged or sent to the Royal Granary of the Royal village, Gampola, and compelled to work in confinement receiving allowances of paddy.

They are sometimes released after a time at the intercession of their relations, and sometimes remain there for life. During inquiry, they are detained at the 'Maha Gabadawa' but never in the 'Maha Hiragey' or in the houses of the chiefs.

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