1681. For deciding are free: For the Children are always as the Mother, whether Bond or Free. No man may cut down a Cokernut-Tree. If any man to a bargain or promise gives a stone in the Kings name, it is as firm as hand and seal. And if any after this go back of his word, it will bear an Action. If any man be taken stealing, he must restore seven for one, or else be made a Slave, if he be not able to pay it. It is lawful and customary for a man in necessity to sell or pawn his Children, or himself. No man building an house either in his own or another mans ground, if he be afterwards minded to leave his Land, where his house stood, may pull it down again: But must let it stand for the benefit of whosoever comes after him. For the deciding of matters in controversie especially controversies. of more abstruse cognizance, the parties do both swear before their Gods, sometimes in their Temples, and sometimes upon more extraordinary occasions in hot Oyl. [p. 103.] Swearing in the Temples. Sometimes in their Temples. To explain which, take this following relation. A Slave was accused by a Merchant to have robbed his house. Whereupon to clear himself, the Slave desired he might swear. So the Merchant and Slave went both to the Temple to swear. The Merchant swore positively that the Slave had robbed his house; and the Slave swore as poynt blank that he had not robbed his house and neither of them having any witnesses, God who knew all things was desired to shew a Judgment upon him that was forsworn. They both departed to their houses, waiting to see upon whom the Judgment would fall. In the mean time the Slave privatly sets the Merchants house on fire, and his house was burnt down to the ground. Then it was clear by this supposed divine Judgment, the Merchant was forsworn. The Slave presently demands satisfaction for laying Theft fasly to his charge. The Merchant could not tell what to say to it, but would give him none. The Slave was now to take his own satisfaction, as he had opportunity. And his Master bids him seize upon the Merchants Person or any other relating to him, and bring them to his house, and there detain them. Within a short time after, the Slave seeing a Kinsman of the Merchants passing by, offers to seize him. But he, rather than be taken, draws his Knife and Stabs the Slave on the shoulder, and so escapes. In Fine, the Merchant was fain to bribe the Great Men to save himself from further dammage, and sit down contented with the loss of his goods and house. Though the Slave was a person of a very bad reputation, and had done divers Thefts; and some of his stolen goods he hath brought to me to sell. 1681. Sometimes they do decide their debates by swearing in The manner of hot Oyl. Which because it is remarkable, I will relate at swearing in large. They are permitted thus to swear in matters of hot Oyl. great importance only, as when Law Suits happen about their Lands, or when their is no witness. When they are to swear, each party hath a Licence from the Governor for it, written with his hand to it. Then they go and wash their heads and bodies, which is a religious ceremony. And that night they are both confined Prisoners in an house with a guard upon them, and a cloth tyed over each of their right hands and sealed, least they might use any charm to harden their fingers. The next morning they are brought out; they then put on clean cloths, and purifie themselves, reckoning they come into the presence of God. Then they tie to their wrists the Leaf wherein the Governors Licence is, and repair under some Bogahah, God-Tree, and all the Officers of the County assemble with a vast number of people besides. Coker-nuts are brought, and Oyl is there extracted from them in the sight of the people, that all may see their is no deceit. Also they have a Pan of Cow-dung and water boyling close by: The Oyl and Cow-dung being both boyling and throughly hot, they take a young leaf of a Coker-nut Tree and dip that into the Oyl, that all may see it is hot. For it singes, and frizzels up, and roars as you poured water into hot boyling Oyl. And so they do likewise to the Cow-dung. When all are satisfied the if 1681. Oyl is hot, the two men come and stand on each side of this boyling Oyl; and say, The God of Heaven and Earth is witness, that I did not do this that I am accused of ; Or, The four sorts of Gods be witness, That this Land in [p. 104.] controversie is mine. And then the other swears quite contrary. But first the Accuser alwayes swears. The Accused also relates his own innocence, or his own Right and Title. The cloths that their hands were bound up in are taken off. And immediatly upon using the former words, he dips his two fingers into the hot Oyl, flinging it out three times. And then goes to the boyling Cowdung, and does the same. And so does the other. Then they tie up their hands again with the cloth, and keep both of them Prisoners till the next day. When their hands are looked upon, and their fingers-ends rubbed with a cloth, to see if the skin comes off. And from whose fingers the skin comes, he is forsworn. The Penalty of which is a great forfeiture to the King and great satisfaction to the Adversary. I am able to testifie, that the fingers of some of these that have thus sworn have been whole from any scald after this use of hot Oyl: but whether it be their innocence or their Art, that it thus comes to pass, I know not. The penalty of the breach of the Laws or Customes of this Land is at the pleasure of the Judg, either amercement, or imprisonment, or both. How they For the taking of Fines from men, on whom they are exact Fines. laid, this is their Custom. The Officers, wheresoever they meet the man, stop him in the place. Where they take away his Sword and Knife; and make him pull off his Cap and Doublet; and there he sits with his Keepers by him, till he pays the Fine. And if he delays paying it, they clap a great Stone upon his back; in which condition he must remain till he pays it. And if he doth not pay, they load him with more Stones, until his compliance prevent further pains. Another way they have to exact the payment of the Fines laid upon them. They take some sprigs of Thorns, and draw them between the mans naked Legs till he pays. But if he remain obstinate they clap him up in chains. They have an odd usage among them to recover their debts. Which is this. They will sometimes go to the house of their debtor with the leaves of Neiingala a certain Plant, which is rank Poyson, and threaten him, that they will eat that Poyson and destroy themselves, unless he will pay him what he ows. The debtor is much afraid of this, and rather than the other should Poyson himself, will sometimes sell a Child to pay the debt: Not that the one is tender of the life of the other, but out of care of himself. For if the party dyes of the Poyson, the other for whose sake the man Poysoned himself must pay a ransome for his life. By this means also they will sometimes threaten to revenge themselves of those with whom they have any contest, and do it too. And upon the same intent they will also jump down some steep place or hang or make away with themselves; that so they might bring their Adversary to great dammage. 1681. To speak now a little of their Language. It is a Of their language peculiar to that Island: and I know not any Language. Indian Nations that speak it but themselves. There are a few words that are common to the Chingulays and the Malabars, which they might borrow of one another, by Intercourse and Commerce, but the words are so few, that a Malabar cannot understand a Chingulay, nor on the contrary. Their language is Copious, Smooth, Elegant, Courtly; according as the People that speak it are. Who are full of words, Titles and Complements. They have no less [p. 105.] than twelve or more Titles that they use when they speak to Women according to their ranks and qualities. Puddeci. Kiddekel. Nanda. A word for a woman of the lowest Titles to A term of more respect, given to a A term for an inferior woman some- women according to their qualities. 1681. Titles given to men. No difference between a Country man and a Courtier for Language. Nandadga. Lamhaumi. Ettani. Lam-Ettani. Ettanihaumi. Maugi. Maugiwanxi. A little higher yet, of the like years. A Title higher than any yet. Of more respect. Higher than that. Proper only to an old woman, but of good quality. Better then the Maugi. Comaurehaumi. A Title due to the greatest Ladies. Hondreunié. Given to the Queen or the King. So that it is hard to speak to a woman without they know what she is before, least they might mistake her Title. And the women are much pleased with some of the better Titles. The men also have various Titles, tho not so many as the women. People give to them these Titles according to the business they have with them. If they come for some favour or kindness to be done them, they bestow the better sort of Titles upon them. They have seven or eight words for Thou, or You, which they apply to persons according to their quality, or according as they would honour them. And they are To, Topi, Umba, Umbela, Tomnai, Tomsi, Tomsela, Tomanxi. Âll these words are gradually one higher than the other. Their ordinary Plow-men and Husbandmen do speak elegantly, and are full of complement. And there is no difference between the ability and speech of a Country-man and a Courtier. When any hath a favour to beg of a Nobleman, or any business with him, they do not abruptly speak their desires or errand at first, but bring it in with a long harangue of his worth or good disposition or abilities; and is Courtly and this in very handsom and taking stile. They bring up their Children to speak after this manner, and use them Their speech and manner of Address becoming. to go with errands to great men; and they are able to tell their tale very well also. In their speech the people are bold without sheepish |