Social and Political Life in the Vijayanagara Empire (A.D. 1346 – A.D. 1646) v1.c13.s6: Section 6. Justice and Equity
Social and Political Life in the Vijayanagara Empire (A.D. 1346 – A.D. 1646) v1.c13.s6
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Section 6. Justice and Equity
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". . . no law is possible in the country where these pagodas are, save only the law of the Brahmans, which is that of the priests; and so the people suffer".² Thus wrote Nuniz condemning the system of administering justice under Vijayanagara. Were it not for the fact that the Hindu monarchs of Vijayanagara have left behind them evidence which enables us to judge their theory and practice of daṇḍa, and that foreign travellers of the same age definitely contradict this superficial observation of Nuniz, we should have been inclined to agree with his view and to pass an unfavourable verdict on the administration of justice in the great Hindu Empire. Nuniz would have us believe that the law which prevailed in the country was "the law of the Brahmans which is that of the priests". If this were really so, then, the kings of Vijayanagara must have been, at least to some extent, subservient to the "law of the Brahmans". On the evidence of 'Abdur Razzāq we may dispense with the notion that the kings of Vijayanagara were subject to the law of the Brahmans. This shrewd Persian ambassador remarks thus: "In the whole of Hindustān there is no *rāi* more absolute than himself under which denomination the kings of that country are known".¹ According to 'Abdur Razzāq the Vijayanagara monarchs were typical autocrats; according to Nuniz, the Brahmans were the lawgivers. In a certain sense it is true, we admit, that "it is impossible to suppose that at any time any Hindu king in S. India ever promulgated laws, as is done now-a-days, for instance, by the King of Travancore; the king always consulted the Brahmans who told him what to do".²
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² Sewell, For. Emp., pp. 304-5.
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¹ Elliot, *Hist. of India*, IV, p. 105; Major, *India*, p. 23.
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² Burnell, *Vyavahāranirṇaya*, Intr., VI.
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But the source of law, it may reasonably be assumed, is to be traced, not to the Brahmans, but to the body of regulations which emanated from the classical lawgivers, strengthened by constitutional usage, which, as related elsewhere, received in Vijayanagara the status of law. In the interpretation of the *dharma-śāstras* the Hindu kings sought the counsel of the Brahmans; in the preservation of the latter they resorted to the joint-advice of the local people. The rulers of Vijayanagara were no doubt absolute; but they were not unaware of the fact that good government—which the people interpreted as *dharmada pārupatya*—could be conducted when among other conditions, the constitutional usage—which they called *pūrvada maryāde*—was respected by the rulers. Of their sincere desire to maintain the *pūrvada maryāde* of the land we have cited many instances in the previous pages. This important side of the question cannot be found in the accounts of foreigners, who were struck by the influence which the Brahmans commanded at the court of Vijayanagara. We have also cited instances which prove that oppression was rife during certain periods of Vijayanagara history. And we have likewise shown that the rulers were not slow to take prompt action against greedy officials who were harassing their subjects.
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To the evidence of those records which show the impartial attitude of the rulers towards the people, we may add that of Duarte Barbosa and Varthema, both of whom in clear terms contradict the statement of Nuniz. While describing the busy commercial life in the capital, Duarte Barbosa says: "There is great traffic and an endless number of merchants and wealthy men, as well among the natives of the city who abide therein as among those who come thither from outside, to whom the King allows such freedom that every man may come and go and live according to his own creed, without suffering any annoyance and without enquiry whether he is a Christian, 'Jew', Moor or Heathen. Great equity and justice is observed to all, not only by the rulers, but by the people one to another".¹ Varthema substantiates the above statement of Barbosa in the following sentence: "In this kingdom you can go everywhere in safety".²
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¹ Barbosa, Dames, I. p. 202; Stanley, pp. 85-6.
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² Varthema, Jones, pp. 130-1; Temple, p. 53.
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If the land was governed by the "laws of the Brahmans", and if, therefore, the people suffered, we should not have had numerous records which mention voluntary contributions made in the name of the monarchs, and for their dharma, as we shall narrate in the chapter on public service and patriotism³; and the rulers would not have left behind them evidence of their moderation which was a feature of their administration. Eleyūr Vis(v)anātha Seṭṭi's sons Nāgi Seṭṭi and Kāmi Seṭṭi incurred the displeasure of the monarch Harihara Rāya II. The copper-plate grant dated A.D. 1379, which gives us this information, also tells us that the ruler called the ministers, seṭṭis, heggades, gaudas, attendants, the sālu-mūles, the elders, the nāyakas, and customs officials, and evidently after making the matter known to them, gave the following order: "Eleyūr Visvanātha Seṭṭi's son Nāgi Seṭṭi and Kāmi Seṭṭi having gone against our wishes, we forgive them, and of our graces give a sāsana as follows:—We grant to them palanquin, umbrella with kalaśa, village dues, et cetera". In addition to these he bestowed on them a great many rights and privileges.⁴
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³ Infra, Volume II, Chapter VI.
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⁴ E.C. XII, Si. 76, p. 99.
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The evidence of the above copper-plate grant may be refuted; and it may be maintained that the Vijayanagara monarchs were more careful in fostering the interests of the commercial classes, especially at the beginning of their political career. That rulers who gave ample evidence of their greed, could also prove that they could be just at the same time, is shown in the account of the punishment that was meted out to the unfortunate Portuguese fidalgo of St. Thome. This was, as we have already narrated, in about the year A.D. 1558 when Rāma Rāja decided to send the citizens back to the town after exacting a tribute of a hundred thousand pagodas, half to be given at once, and the other half, a year later. Fifty thousand pagodas were paid down to him on the spot, and he took with him five of the chief citizens as hostages for the other half. Then, before leaving, he caused all the property to be returned to their owners. A silver spoon was found missing. Such diligent enquiries were made by his command, that the spoon was finally discovered and returned to its owner.¹
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¹ Heras, Aravidu, p. 69, op. cit. Heras gives the date as A.D. 1558 But Couto places it in A.D. 1555. Dec. VII, 1. vii, c. 'See also Sewell, For. Emp., p. 177, n. (1).