96 CEYLON BRAXCH — ROYAL ASTATIC SOCIETY. 



case." The proclamation concluding with these words : 

 " And although we reserve to ourselves the power of en- 

 " creasing or mitigating those punishments according to the 

 " exigency of the case, we nevertheless recommend every 

 " body not to sin in hopes of mercy, but to fear God and 

 " his sword." 



On the accession of the English Government a proclama- 

 tion was immediately issued abolishing torture, and all pu- 

 nishments by the wheel, mutilation or other barbarous 

 modes ; and in the usual instructions to the Governor from 

 the Crown, direction is given not to permit any such kind 

 of punishment to be inflicted as can in no case be inflicted 

 by the law of England. It is only, however, we think, 

 within the last few years that the humane spirit of the Eng- 

 lish law has been distinctly recognized in our punishments. 



For instance, at the assizes in August 1802, there were 

 eight prisoners convicted ; and all, except one, had sentence 

 of imprisonment with hard labour and flogging, — the flogg- 

 ing being from 100 lashes to 250 lashes. So, again, in the 

 year 1834 there were 286 convicted. Three of these had 

 sentence of death for murder, — 5 (of whom 3 had also 200 

 lashes each had sentence of transportation from seven to 

 fourteen years; — 254 had sentence of imprisonment, the 

 greater number having also flogging varying from 50 to 200 

 lashes, which latter was awarded to upwards of one hundred 

 of the prisoners ; 3 more had 100 lashes each, and other 3 

 had 50 lashes each and discharged ; 7 were fined ; and 1 1 

 had solitary confinement for periods varying from one to six 

 months. 



Since the year 1840, however, the flogging has not, we 

 believe, in any case exceeded 100 lashes; and it has been so 

 high on one or two occasions only. The punishment of the 

 lash is a barbarous punishment, within the true meaning of 

 the English proclamation of 1799 ; and I am persuaded its 

 continuance so long can only be accounted for, and justi- 

 fied, from the want of proper secondary punishments in the 

 C olony. By the above proclamation we are placed in a 

 moi*e favorable situation than the army, where however it 

 has been determined that in no case in future shall the num- 

 ber of lashes exceed 50 ; and in the opinion of a military 

 man who spoke in the late discussions in Parliament on the 

 subject, the benefit to be derived from the use of such pu- 

 nishment at all will be in proportion to the rarity of its in- 

 niotion. 



