THE FARMER'S MAGAZINE. 



481 



whose express duty it is to track offenders by their foot- 

 prints, and their intelligence and dexterity are wonderful. 

 In addition to the functionaries named, the village had 

 its priest and schoolmaster, the musician and the poet, 

 the smith and the carpenter, the doctor and the astro- 

 loger, the barber and the dancing girl. When the 

 village expanded into a town, and the town assumed the 

 dimensions of a city, the several trades and callings were 

 formed into guilds ; but the freeholders continued a cor- 

 poration, managing the municipal revenues, super- 

 intending the police, and being the local organ of each 

 district through which the Government business was 

 transacted with the people. The system was simple, 

 ju<t, and admirably adapted to the native population ; 

 and while in all other countries, ancient and modern, 

 civil institutions have been wholly subverted or greatly 

 modified, those of Hindostan remained untouched till 

 1793, and in the north-west provinces have been revived 

 in later times. 



Intimately connected with the landed tenure and vil- 

 lage system of India under the rule of the Hindoo and 

 Mahomedan princes was the judicial system, which, in" 

 deed, formed an integral part of the former. It was 

 based on courts of arbitration, called Punchayets, The 

 punchayet consisted of an assembly of the principal in- 

 habitants of the village or town, varying from five to any 

 given odd number, so as to secure a casting vote. Its mem- 

 bers were chosen by the litigant parties in some cases ; 

 in others they were appointed by public authority, being 

 selected on account of their reputation for equity and 

 wisdom. In the primitive settlement of villages, or in 

 those long established in which the population remained 

 scanty, and the state of early simplicity had been un- 

 changed by any innovation, a single punchayet responded 

 to all the wants of the community. In towns or 

 crowded villages, where guilds were incorporated, every 

 trade or craft had its own proper punchayet ; but the 

 duties of all these courts of arbitration, in whatever dis- 

 tricts established, were the same, and the mode of dis- 

 charging them uniform and immutable. 



The punchayets decided in three distinct sets of cases. 

 In the first they arbitrated disputes between man and 

 man, in trjing civil causes, and investigating criminal 

 causes affecting life and property. Where two villagers 

 disagreed as to the conditions of a bargain, or if one 

 complained of an injury inflicted by the other, the plain- 

 tiff and defendant each chose an equal number of arbi- 

 trators, and if these could not agree, the poiall ap- 

 pointed an additional member, empowered to act as 

 umpire. This done, the punchayet was declared to be 

 fully formed, and it at once proceeded to the business 

 of adjudication. The court usually sat under a tree or 

 under the wall of a cottage, when the contending parties 

 stated their case, and tended evidence in its support. 

 The sole object was to ascertain the truth, so that strict 

 justice might be awarded ; hence all quirks and quibbles 

 were disallowed, and no useless forms were allowed to 

 confuse the proceedings. The witnesses were examined 

 orally, but never on oath, except in extreme cases ; and 

 sentence was pronounced summarily, from which there 

 was no appeal. It is to be remarked, that there were no 



fees of court, nor did either the plaintiff or defendant 

 incur the slightest expense. The services of the arbitra- 

 tors were gratuitous. 



The punchayets appointed to try a question of here- 

 ditary succession to property, of debt, or of disputed 

 boundary, was very similar in its mode of procedure to 

 that described ; but in these and analogous cases where 

 a large interest was involved, it is doubtful whether the 

 opposing parties were allowed to choose their own arbi- 

 trators. The court, however, was composed of the most 

 competent and trustworthy men in the village, well ac- 

 quainted with laws and usages. It also consisted of an 

 odd number, and its proceedings were open to the pub- 

 lic. Each litigant was called upon to state his case, wit- 

 nesses were examined and deeds investigated, after which 

 the assembly took time to deliberate and then pronounced 

 its decision. The most important testimony in these cases 

 was sought for in the register of the Curnum, whose 

 functions were described in a former article. No charge 

 could be imposed on property without his cognizance, 

 as he kept a faithful record of every transaction, and 

 therefore his books were deemed conclusive evidence. It 

 must be observed that in both these forms of punchayet, 

 the plaintiff and defendant, before the court was opened, 

 were obliged to give security that they would submit to 

 the decision awarded. The pecuniary amount was not 

 considered, for two straws might be tendered and were 

 accepted as ample ; the object was a voluntary agree- 

 ment, and this shows that promises were held sacred in 

 early times. 



The third and last form of punchayet decided the most 

 heinous crimes. It differed in many essential respects, 

 both as to its composition and functions, from the two 

 inferior courts which have been described. Sir John 

 Malcolm says : — " Punchayets, upon criminal cases, are 

 called when murder, or some other capital crime, is com- 

 mitted at a distance from the ruling authority, to aid in 

 the investigation, and their opinion upon the guilt or 

 innocence of the accused is transmitted to the Prince, 

 who frequently sends, upon receiving it, his orders for 

 the release or execution of the prisoner. If the crime 

 is committed at the capital, the ruler, if just mode- 

 rate, refers the case for examination to a punchayet. 

 These courts differ from others in essential particulars. 

 The local manager or collector of revenue usually pre- 

 sides, while the members generally are all district or pro- 

 vincial officers. The prisoner is, however, patiently 

 heard, and he is allowed the aid of any of his family or 

 caste. Indeed, the principal persons of the latter al- 

 ways attend, as it is deemed as much a part of their duty 

 to give assistance to the state in punishing delinquents, 

 as it is to protect individuals of the tribe or caste from 

 unjust accusation or oppression." This form of crimi- 

 nal jurisdiction does not appear to belong to the village 

 communities when population had largely increased and 

 great cities had been built ; but it was certainly derived 

 from them, for it is impossible to suppose that crimes of 

 deep dye were left unpunished in early times or that 

 they were never committed. 



The punchayets still exist, but they have lost the in- 

 fluence they held over the natives in patriarchal ages. 



