Throughout
history, the island nation of Sri Lanka, enveloped by the vast expanse of the
Indian Ocean, has been recognized under a myriad of names including Seilan,
Ceylon, Serendib, and Thaproban. This enduring recognition suggests a sustained
engagement with other nations across the globe. Such enduring international
interactions necessitate the establishment of ports as pivotal conduits for
maintaining relations with foreign entities. A robust legal framework governing
maritime affairs becomes imperative for the effective administration and
operation of these ports. Thus, the establishment and maintenance of a unique
legal system pertaining to maritime law are essential facets in fostering
enduring relationships and facilitating trade for ancient Sri Lanka on the
global stage.
The
historical ties between ancient Sri Lanka and the Indian Ocean trade hold a
distinctive significance, evident through an examination of maritime laws from
that era. These laws, meticulously compiled to govern the ports and maritime
zones of ancient Sri Lanka, were mandated to endure indefinitely. Their primary
objective, as elucidated through epigraphic investigations of ancient Sri
Lanka, was the advancement of the nation's internal economy. This underscores a
deliberate and enduring commitment to fostering economic growth and prosperity
through maritime trade and governance.
An
exemplary illustration of maritime law in ancient Sri Lanka is found within the
Nainativu Inscription, situated at Nagadeepa in the Jaffna Peninsula. Dating
back to the 12th century AD, this Tamil inscription, standing at 3 feet 8
inches in height and 3 feet 1 inch in width, comprises 23 lines of text
believed to have been commissioned during the reign of King Parakramabahu I.
Notably positioned near the Urathota Port, an eminent maritime hub and ship
repair facility of antiquity, the inscription offers invaluable insights into
the maritime legal practices of the era. Its significance and content are
meticulously documented in Professor Abaya Ariyasinghe's work, 'Sakala Sinhala
Chakravarti.'
“api
piṭaraṭungē vāḍilǣmaṭada, ovun rakinu læbīmaṭada, piṭaraṭa bohō varāyavalin
mehi ennanṭa apa varāyē nævatīmaṭada (avasara demu) asun hā ætun mehi gena ena
næv vināśa vuvahot apa asunṭa hā ætunṭa kæmæti bævin (mul satun gaṇanin)
hataren ek bhāgayak rājya bhāṇḍāgārayaṭa hæriya yutuya. (itiri) tun bhāgaya
ayitikārayanṭa pæværiya yutuya. venat baḍu genena næv vināśa vuvahot in sama
aḍak rājya bhāṇḍāgārayaṭa hæriya yutuya. itiri aḍa ayitikaruvanṭa hæriya
yutuya. ira han̆da pavatina turu mē aṇa balapāyi. mē aṇa silehida, tam̆ba
patehida liyana ladī. ‘mē panata devā vadāḷē śatræ rāja vaṁsayaṭa ḷæv ginnak vū
sakala siṁhala cakravarti parākramabhuja dēvayan vahansē visini.”
As
per the contents of the inscription, it delineates the legal protocols
governing vessels experiencing breakdowns within Sri Lankan waters. It
stipulates that foreign ships are granted permission to safely anchor along the
Sri Lankan coast and dock in designated ports. Moreover, in the event of a
vessel's breakdown on Sri Lankan shores, fines are levied based on the nature
of cargo transported. Notably, fines equating to one-fourth (1/4) of the
cargo's value are imposed on ships carrying commodities such as horses or
elephants, with subsequent confiscation of said items. Conversely, ships
transporting other goods are subject to fines amounting to half the value of
the cargo. These regulations, meticulously inscribed on copper sheets and
inscription, underscore the structured legal framework implemented to regulate
maritime activities during ancient times.
Thus,
it becomes evident that ancient Sri Lanka was governed by rulers who decreed
the enduring presence of maritime laws, indicating a commitment to their
perpetuity. The existence of such a sophisticated legal system not only
bolstered the internal economy but also safeguarded the maritime interests and
coastal regions of ancient Sri Lanka. This concerted effort highlights a
strategic approach towards nurturing economic prosperity while ensuring the
preservation and protection of maritime resources and territories.
An
inscription discovered near the ancient port of Godavaya, situated in close
proximity to the Gothapabbata Vihara, sheds light on the methodology employed
in collecting customs tax during ancient Sri Lanka. Established during the
reign of King Gajaba I, this historical record delineates the procedures
involved in the imposition and collection of customs duties.
"sidham.
goḍapavata paṭaneyi su(ka) su(ri)yi raja gamani abaya viharaṭa dini"
Translated,
the inscription reads: "May it be good. King Gamini Abaya granted the
Gothapabbata Vihara the authority to collect both major and minor taxes from
the port of Godavaya." Additionally, it mentions the appointment of an
official named 'Maha Patuladda' to oversee the collection of customs duties at
the port. Notably, Godavaya held prominence as an internationally renowned port
during that era, a fact corroborated by the discovery of Roman coins unearthed
in excavations, which offers insights into Sri Lanka's maritime interactions
and exploration during that epoch.
A
comprehensive understanding of maritime law in ancient Sri Lanka can be gleaned
from the inscriptions located at the southern tip of the island, particularly
in Devinuwara. Historically known as "Thedirathota," Devinuwara
harbored an international port renowned for its significance in maritime trade.
The earliest documented mention of this port dates back to the 16th century, as
chronicled by Constantine de Sousa, who described it as possessing a small yet
sufficiently deep harbor capable of accommodating multiple ships concurrently.
This observation underscores the port's importance as a nexus for maritime
activities, shedding light on the legal and operational dynamics of maritime
governance in ancient Sri Lanka.
The
Devinuwara inscription, measuring five feet in length and 1 foot 11 inches in
width, is attributed to Devapathiraja, minister of the esteemed Rohana Desha
during the reign of King Parakumba II. This extensive inscription illuminates
the existence of Thedirathota, an international port, governed by a figure
known as 'Maha Padithe.' Notably, the inscription mandates a portion of the
port's revenue to be allocated towards the upkeep of lands and temples,
bestowed by kings as acts of merit. This provision strongly suggests that the
temple at Devinuwara was a recipient of such contributions, highlighting its
significance in the socio-economic fabric of ancient Sri Lanka.
The
mention of a constitution dedicated to the upkeep of the port of Thedirathota
underscores the meticulous administration and maintenance of Sri Lanka's ports
during ancient times. This revelation not only attests to the conscientious
management of maritime infrastructure but also affirms the evolution and
establishment of maritime law within ancient Sri Lanka. Such evidence serves to
reinforce the notion of a structured legal framework aimed at regulating
maritime activities and fostering the sustainable development of Sri Lanka's
maritime resources and trade routes.
According
to the inscription, strict regulations were implemented to govern the port of
Thedirathota, ensuring that only the chief officer of the port possessed the
authority to issue interim orders and levy taxes as prescribed by the
Mahapaditha. Notably, stringent measures were in place to deter corruption,
with public servants prohibited from accepting bribes from foreign traders
engaged in smuggling activities. Additionally, the inscription delineates a
comprehensive constitution outlining protocols for evidence-based adjudication
and the punishment of offenders. It is emphasized that these regulations were
to be meticulously preserved and upheld across successive generations under the
directive of the Mahapandite, underscoring a commitment to the enduring
integrity of maritime governance in ancient Sri Lanka.
In
wrapping up, delving into the maritime history of ancient Sri Lanka unveils a
captivating narrative of human resilience and collaboration spanning across
oceans. As we sift through ancient inscriptions and stories passed down through
generations, we glimpse a bustling maritime society guided by wisdom and
foresight. From the bustling ports of Godavaya to the serene coastlines of
Devinuwara, these historical records echo the tireless endeavors of our
forebears to nurture trade, safeguard our shores, and forge connections with
distant lands. While the specifics of ancient maritime laws may remain shrouded
in mystery, the undeniable imprint of a unique legal framework underscores our
rich maritime heritage. Reflecting on these age-old traditions, we are reminded
of the enduring importance of unity and stewardship in shaping our maritime
legacy for generations to come.
Sources
- Maritime Museum, Galle & Internet sources
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