In the said city of Calicut there is a governor, whom they call Talaxe, a gentleman appointed by the king,[214] who has under him five thousand gentlemen, to whom he pays their salaries from the revenue, which is assigned for that purpose. This person administers justice in the city of Calicut, and gives an account of everything to the king. And justice is administered according to the qualities of the persons, because there are divers sects and laws amongst them; that is to say, of gentlemen, Chetres, Guzurates, Brabares, who are very honourable people; and thence downwards there are also divers sects of low and base people who are all serfs of the king, or of the other lords and governors of the country. And if any of these low people commits a robbery, concerning which a complaint has been made to the king or to the governor, they send to take the robber, and if they find the thing stolen in his hands, or if he confess that he did it, if he is a Gentile, they take him to a place where they carry out executions, and there they set some high posts with sharp points and a small stand, through which passes one of those points; and there they cut off his head with a sword, and spit him through the back and the pit of the stomach, and that point comes out about a cubit, and on it they also spit his head. And they tie ropes to his legs and arms, and fasten them to four posts, so that the limbs are stretched out and the body on its back upon the stand. And if the malefactor is a Moor, they take him to a field, and there kill him by stabbing him; and the stolen property is appropriated to the governor without its owner recovering anything; because their law so disposes, doing justice on the thief. And if the stolen property is found and the thief escapes, it is for a certain number of days in the charge of the governor; and if during that time they do not catch the thief, they return the stolen goods to its owner, a fourth part of it, however, remaining for the governor; and if the thief denies the robbery, they keep him eight days in prison, making his life uncomfortable, to see if he will confess, and throwing him his food; and when the eight days are passed without his confessing, they call the accuser, and he is told that the accused does not confess, and they ask him if he requires them to take his oath or let him go. If the accuser then requires the accused to swear, they make him wash and commend himself to his gods, and eat no betel, and cleanse his teeth from the blackness caused by the betel, in order that he may swear next day, and that he may prepare himself for it. Next day they take him out of prison, and take him to a pool of water where he washes, performing his ceremony, and from there they take him to a house of prayer where his idols are kept, before which he takes his oath in this manner. It must be known that, if he is a Gentile, they heat a copper-pot full of oil until it boils, and they throw in a few leaves of trees, and with the great heat of the pot the leaves fly out, and this is in order that the parties may see that the oil is hot and boiling; and then two scribes come near, and take the right hand of the accused and look if he has any wound of itch or other disease, and write down in what condition his hand is, in the presence of the party. Then they bid him look at the idol, and say three times "I did not commit this theft of which I am accused, nor do I know who did it," and then put his two fingers up to the middle joints in the oil which is boiling upon the fire; and he does so; and they say that if he did not commit the theft, that he does not burn himself, and that if he did it, he burns his fingers.
[And then the scribes, and governor and party, look at him again, and the scribes write down the condition in which his hand is, and they tie it up with a cloth whether it is burned or not, and put seals on the fastenings of the cloth, and send him back to prison. And three days later, all return to the same place where the oath was taken, and they untie his hand before the governor and party, and if they find it burned they kill him, but first give him so many torments that they make him confess where he has got the stolen property, or that he did it. And even if he does not confess, all the same he suffers the penalty because his hand was burned; and if they find his hand not burned, then they let him go, and he who accused him pays a certain sum as a fine to the governor. And they have the same method for him who kills another, or for him who kills a cow, or raises his hand in anger against Bramans or noblemen. And this is to be understood as amongst the Gentile peasants and low people. And if it is a Moor who does such things, he passes through the same examinations, only that instead of putting his fingers in oil, they make him lick with his tongue a red-hot axe, and if he does not burn himself he remains free, and if he burns his tongue he suffers death.
And if any of the common people, whether Gentiles or Moors, commit other offences for which they do not deserve death, they punish them with a pecuniary penalty for the governor, and this produces much revenue to him; and he lays hold of vagabonds as slaves, and he has the power of selling them, and sells them without any opposition whatever, at a price of from four to five ducats.
The nobles enjoy exemption and the privilege, that they cannot be taken and put in irons for anything which they do. And if a noble were to rob or kill any one, or kill a cow, or were to sleep with a woman of low caste, or of the Bramans, or if he eat or drank in the house of a low caste man, or spoke ill of his king—this being established by his own words—they call three or four honourable gentlemen in whom the king places confidence, and he bids them go and kill this noble wherever they may meet with him, and they give them a warrant[215] signed by the king for them to kill him without penalty. They then kill him with daggers or spears, or shoot him with arrows, because at times these men who are accused are such that before being put to death, they wound two or three of the slaughterers, if they have been forewarned. And after he is dead they lay him on his back and place that king's warrant upon his breast. And if they kill him in the country they leave him there, and no one comes near him, so that the fowls and dogs devour him. And if they kill him in the city, the people of the street where he lies dead go and beg the king to order his removal; and the king gives the orders, sometimes as a favour, sometimes with a fine.[216]]
And if any noble comes to the king or to the governor, and complains to him of any other noble who has robbed or murdered or done any other evil deed, the governor reports it to the king, and the king gives orders to summon the accused, and if he absents himself they hold him guilty, and he is ordered to be executed in the same manner without further investigation. And if he presents himself, they summon the accuser, and examine both of them together. And the accuser takes a small branch of a tree or green herbs in his hand, and says, such a one did such a thing; the other one takes another branch, and denies it. The king then bids them return eight days thenceforward to the house of the governor to take oath and prove that which each one asserts; and so they depart, and return on the day fixed to the house of the governor, where the accused swears in the manner already described with boiling butter, and having concluded taking the oath, they tie up his fingers as has been said, and both of them are detained in a house under a guard, so that neither of them can run away. And on the third day they untie his fingers, and clear up the truth, and if they find the fingers burned, they kill the accused; and not finding them injured, they kill the accuser. And if the accused is not of as great value, they do not kill the accuser, on whom in such case they inflict a pecuniary penalty and that of banishment. And if such a noble was accused of a great robbery of the king's property, they have him imprisoned in a close room and well guarded, and conduct him thence to take the oath.
In this kingdom of Calicut there is another governor, who is like the chief justice of all the kingdom, with the exception of the city of Calicut. This chief justice is called Coytoro tical carnaver; he has his lieutenants in all the villages, to whom he farms the administration of justice: that is to say, the fines, not capital penalties. And people come to this chief justice for any injury, and he gives an account of it and reports to the king, and renders justice in the manner followed at Calicut.
In this kingdom of Calicut no women ever die by sentence of law for any offence whatever; they are only subject to pecuniary penalties. And if any woman of Nayr family should offend against the law of her sect, and the king know of it before her relations and brothers, he commands her to be taken and sold out of the kingdom to Moors or Christians. And if her male relations or sons know of it first, they shut her up and kill her with dagger or spear wounds, saying that if they did not do so they would remain greatly dishonoured. And the king holds this to be well done.
SECTION OF THE BRAMANS AND THEIR CUSTOMS.
The Gentile Bramans are priests all of one lineage, and others cannot be priests, but only their own sons. And when these are seven years old, they put round their necks a strap two fingers in width of an animal which they call Cressua-mergan,[217] with its hair, which is like a wild ass; and they command him not to eat betel for seven years, and all this time he wears that strap round the neck, passing under the arm, and when he reaches fourteen years of age they make him a Braman, removing from him the leather strap round his neck, and putting on another of three threads, which he wears all his life as a mark of being a Braman. And they do this with much ceremony and festivity, just as here at the first mass,[218] and from this time forward he may eat betel. They do not eat flesh nor fish, they are much reverenced and honoured by the Indians, and they are not executed for any offence which they may commit: but their chief, who is like a bishop, chastises them in moderation. They marry only once, and only the eldest brother has to be married, and of him is made a head of the family like a sole heir by entail,[219] and all the others remain bachelors, and never marry. The eldest is the heir of all the property. These Bramans, the elder brothers, keep their wives very well guarded, and in great esteem, and no other man can approach them; and if any of the married ones die, the person who becomes widowed does not marry again. And if the wife commits adultery, the husband kills her with poison. These young men who do not marry, nor can marry, sleep with the wives of the nobles, and these women hold it as a great honour because they are Bramans, and no woman refuses them. And they must not sleep with any woman older than themselves. And these live in their houses and estates, and they have great houses of prayer, in which they do service as abbots, and whither they go to recite their prayers at fixed times of the day, and worship their idols and perform their ceremonies. And these temples have their principal doors to the west, and each temple has three doors, and in front of the principal gate, outside of it, is a stone of the height of a man, with three steps all round it, and in front of that stone inside the church is a small chapel, very dark, inside of which they keep their idol, of gold, silver, or metal, and three lamps burning. And no one may enter there except the minister of that church, who goes in to set before the idol flowers and scented herbs, and they anoint it with sandal and rose water, and take it out once in the morning, and another time in the evening with sound of trumpets and drums, and horns. And he who takes it out first washes thoroughly, and carries it on his head with the face looking backwards, and they walk with it three times in procession round the church, and certain wives of the Bramans carry lighted lamps in front, and each time that they reach the principal door, they set the idol on that stone and there worship it, and perform certain ceremonies; and having ended the three turns with music and rejoicing, they again place it in the chapel, and each day they do this twice, by day and at night. And around this church there is a stone wall, between which and the church they walk in the before mentioned procession, and they carry over the idol a very lofty canopy upon a very long bamboo for state as for kings. They place all the offerings upon the stone before the principal gate of the temple, and twice a day it is washed, and they set cooked rice upon it to feed the crows twice a day with great ceremony. These Bramans greatly honour the number trine: they hold that there is a God in three persons, and who is not more than one. All their prayers and ceremonies are in honour of the trinity, and they, so to say, figure it in their rites, and the name by which they call it is this, Berma Besnu Maycereni, who are three persons and one sole god,[220] Thus they confess him to be from the beginning of the world. They have no knowledge or information of the coming of Jesus Christ. They believe many more vain things, which they speak of. These people each time that they wash put some ashes upon their heads, foreheads and breasts, in token that they have to turn again into ashes; and when they die they have their bodies burned. When the wife of a Braman is in the family way, as soon as the husband knows it he cleans his teeth, and eats no more betel nor trims his beard, and fasts until his wife gives birth to her child. The kings make great use of these Bramans for many things, except in deeds of arms. Only Bramans can cook the king's food, or else men of the king's own family, and so all the king's relations have this same custom of having their food cooked by Bramans. These are the messengers who go on the road from one kingdom to another, with letters and money and merchandise, because they pass in safety in all parts, without any one molesting them, even though the kings may be at war. These Bramans are well read in the law of their idolatry, and possess many books, and are learned and masters of many arts: and so the kings honour them as such.