Thailand Law Journal 2011 Fall Issue 2 Volume 14

In Buddhist doctrine for the king, "Dasabidhrajadhamma–or" The Ten Virtues of the King"– is the most important. Here, there were two dominant items playing significant roles in the era's royal judicial powers:

First, "Ajjava" is the right and honest heart that a king must have to be righteous and to judge with righteousness any controversy involving any person. The Tribhumi story states, "It is difficult for an animal to be reborn as a man, and much more difficult for a man to be reborn as a king. Thus, the king shall teach his subjects to be virtuous and to be afraid to do bad things. The king shall be honest in enforcing any law every single day and night. If he can do so, all angels and men shall praise him."13

Second, "Avirodhana" is both having the support of justice and being steadily righteous (untainted by evil deeds). The Tribhumi story states, "When the king sits as the head of judges and jurors, he shall hear the case with Dhamma and shall never be biased toward any side."14

Moreover, to be a Dhamma Raja according to the ten virtues of the king is to shape for oneself a kind and gentle mind. Sometimes, the king shall be lenient to criminals sentenced to death. As stated in the Fifth Inscription of Pamamuang temple, "Dhamma Raja has been enthroned with the ten virtues. He is kind to all subjects. A criminal who should have faced a heavy penalty may not be executed. The death penalty may be commuted."15

This above statement obviously reflects a conceptual change surrounding the royal power to pardon-a shift from the system of the father king to the system of the Dhamma Raja, wherein the king exercises his powers with mercy. And the idea of the Dhamma Raja brought the Sukhothai era to an end. The strength of Sukhothai-era power deteriorated because the idea of the righteous ruler might be appropriate for domestic peace, but truly not for war with neighboring realms.16 The Dhamma Raja concept seemed contrary to other political concepts in contemporary realms that put much focus on expanding their territories. Jinakalamalini, an ancient book about history and Buddhism in the north of Thailand, states, "King Lithai ruled Sukhothai with the ten virtues. He always paid respect to the Singha Buddha image. He only enjoyed creating things of merit and did not care for war."17

Furthermore, the social structure was changing: for example, the growing population, the growing territory, and invasion from neighbors (especially the Ayudhya Realm in the South). Finally, Ayudhya totally defeated Sukhothai in 1378.

3. Concepts of Royal Pardons in the Ayudhya Era
Ayudhya became the second capital of Thailand, in 1350,18 by the establishment of King Uthong or King Rarnadhipati I. The main character of this capital hinged on military powers. This realm was incredibly strong in neighbors' eyes because it could conquer many surrounding realms, including Sukhothai, which was now becoming just a colony of Ayudhya. Sukhothai and Ayudhya differed greatly from each other in terms of political and social structures. The king of Ayudhya held absolute power in ever}' respect, so the whole society depended on the king.19 Relationships between the king and his subjects were akin to the relationships between "Lord and Servants," and dramatically different from the relationships between "Father and Children," as had been the case in Sukhothai. We may even conclude that Sukhothai kings had no kingship at all if we view them from Ayudhya's perspective. There is no proof indicating that the kingship of Ayudhya originated from Sukhothai.20 Historical documents show that the kingship in Ayudhya was all about snatching military power, not about royal succession by blood, which had characterized Sukhothai. Thus, the base of Ayudhya kingship depended entirely upon power. The king tried to find tools and methods that could protect and sustain his powers, and finally the ancient Cambodian concept of Deva Raja integrated itself into Ayudhya's politics.

Deva Raja is the political concept that the king is an incarnation of god. The king is the Hindu (or Brahmin) God Shiva, God Brahma, and God Vishnu in human form.21 Ancient Cambodia received this concept from India. When King Uthong attacked and defeated Cambodia, he brought this Hindu idea back to his realm. This import was the only way to keep Cambodia a colony of Ayudhya. Hindu priests now played significant roles in the royal court because all priests had to treat the king as god. Hindu ceremonies in the royal court, particularly the coonation, could support the idea that there is a divine lord who is the "Lord of Life" of all creatures in the realm.22

Owing to the divine rules, the Ayudhya king had to remain distant from common people, living in an elaborate and gigantic palace, being addressed in the specific royal language, and never being seen or touched by any commoners. The king's body also was not to touch the ground because when God Shiva's body touches the earth, there will be a great fire on earth. In Ayudhya, when the king's procession passed by, people had to shut their doors and windows so as to avoid gazing upon the king; if they could not hide their bodies in a dwelling, they had to lie prostrate, face down to the ground.23 Anyone who violated these rules would be punished.


[1]  [2]  [3]  [4]  [5]  [6]  [7]

13. Id.

14. Id., at 24.

15. Pa Mamuang Inscription #5, Side 1.

16. Sumutravanij, supra note 11, at 27.

17. Id.

18. The Royal Annals, Book I 420 (1973).

19. Pramoj. supra note 7, at 5.

20. Thanom Anamwat, Thai History from Prehistoric Times until the Ayudhya Era 264 (1985).

21. Wales, supra note 2, at 24.

22. Pramoj, supra note 7, at 17.

23. Tongthong Chandransu, Royal Prerogatives in the Constitutional Law 17 (1986).



 

© Copyright Thailand Law Forum, All Rights Reserved
(except where the work is the individual works of the authors as noted)