The court of justice in which the _Panghúlu_ or high priest presides,

is always held in the _serámbi_, or portico of the mosque; a practice,

which, as it inspires the people with a considerable share of awe,

appears judicious. It is also convenient for the administration of

oaths, which among the Javans are always administered within the

mosque, and usually with much solemnity. The forms of the court are

regular, orderly, and tedious; all evidence is taken down in writing,

and apparently with much accuracy.

The court, at least at the seat of government, consists of the

_Panghúlu_, the officiating priest of the mosque, and four individuals,

also of the religious order, called _Páteh nagári_, meaning literally

the pillars or supports of the country, to whom, after the examination

of evidence in capital offences, the point of law and decision is

referred. At the seat of government the sovereign or his minister

passes judgment.

The court of the _Jáksa_ at the seat of government consists of the head

_Jáksa_, who may be styled the law officer of the prime minister, and

the _Jáksas_ of his _Klíwons_ or assistants, for they too have their

law councils. The functions of this court being of less importance,

of a more mixed nature, and less solemn because less connected with

religion, are still more subject than that of the _Panghúlu_ to the

rude interference of the executive authority[80].

The Javan code of law is divided into two departments, that of

the Mahomedan law and that of custom and tradition. The former is

distinguished by the appellation of _húcum állah_, the _commands of

God_, from the Arabic; the latter by the Javan words _yúdha nagára_,

meaning consideration for the country, or in other words, allowance for

the state of society.

The decisions in Mahomedan law are chiefly guided by several works in

the Arabic language. In all the courts of Java these works are said to

be consulted in the Arabic language, but reference is more frequently

made to a collection of opinions extracted from them, and translated

into the language of the country.

The law of custom is chiefly handed down by oral tradition, but has in

part been committed to writing in the following performances.

The earliest work relating to jurisprudence which is now referred to,

is that of _Júgul Múda Páteh_, or minister of _Sri Ma Púng'gung_ (of

_Méndang Kamúlan_), now _Wirosári_: it is computed to be about six

hundred years old. The second bears the name of _Rája Kápa_, said

to have been the son of _Júgul Múda_, and like him minister of his

sovereign _Kandiáwan_, also prince of _Méndang Kamúlan_.

By the authority of the Sultan of _Demák_, the first Mahomedan prince,

a compilation of the Javan laws was made, in which they were in some

measure blended with the Mahomedan jurisprudence. Probably this was

intended to pave the way to an entire introduction of Mahomedan law.

The body of regulations, &c. compressed in these codes is curious,

from the laborious refinement of their distinctions, from the mixture

of moral maxims and illustrations with positive law, from the most

incongruous combinations, and from their casuistical spirit. In the

Appendix will be found the translation of a modern version of the

_Súria Alem_, a work of this description in high repute, as well an

abstract of the laws and regulations said to have been in force in the

earliest periods to which Java tradition refers[81].

The proclamations (_úndang-úndang_), and the laws and regulations

(_ánger ángeran_) of the sovereign, form another source of deviation

from the Mahomedan law. Collections of these have been committed to

writing.

The prince, by himself or his officers, is always supposed vested

with a discretionary power of adapting the Mahomedan law to the

circumstances of society, a prerogative liberally exercised. This

power, which sanctions every deviation from the letter of Musselman

law, the Javans also express by the term of _yúdha nagára_. The krising

of criminals instead of beheading them, the combat of criminals with

tigers, the severe penalties for infractions of the sumptuary laws

of the Javans, the constant commutation of corporeal punishment for

a pecuniary fine, and in the case of persons of rank found guilty of

murder, the commutation of the strict law of retaliation for a fine,

without regard to the wishes of the relations of the deceased, if the

latter be of no consideration, were among the deviations from the

Mahomedan law sanctioned by the _Yúdha nagára_.

Such was the composition of the courts, and the code of laws that

existed on Java before the arrival of the Dutch, and remained unchanged

at the conquest of the island by the British. The Dutch legislated for

the colonists, but took little interest in the system by which the

judicial proceedings of their native subjects were guided, excepting in

so far as their own advantage or security was concerned in them. The

following statement contains the changes introduced by the Dutch.

Besides the colonial laws and regulations, enacted from time to time by

the Governors and Council at Batavia; besides some standing orders of

the Court of Directors, and some rules and provisions contained in the

successive charters of the Company, and in what was called the _article

brief_; the Dutch law, which was always considered the foundation of

the colonial law, was of authority, as far as it remained unaffected by

these institutions.

A collection of the colonial statutes and regulations, called the

_Placart_ Book of Batavia, and an abstract of them, entitled the

_Statutes_ of _Batavia_, were made under the authority of the colonial

government; but as the latter never underwent a regular promulgation,

the rules contained in it were not considered as possessing the force

of law, except in so far as they might be found to be conformable to

the orders, proclamations, and regulations of the Indian government, or

of the Directors of the East India Company.

The power of the Directors and of the Council of Batavia to enact

local laws and regulations, seems not to have been very circumspectly

defined in the first charters of the Company, those charters conferring

on them, in general terms only, authority to provide for the

administration of justice and establishment of police.

But from the nature of the occasion it seems evident, that this power

of making colonial laws, as far at least as related to the Council

of Batavia, could only have been a limited one, to be exercised with

considerable discretion, and only upon points requiring an immediate

provision, subject always to the approbation of the authorities at

home; and even the Directors could hardly be considered to have

possessed a greater extent of legislative power, than was necessary

for the security of their new territories, and of their rights and

privileges, or to have been authorised to deviate wantonly from the

established law of the country, or neglect the dictates of justice and

equity.

In the great variety of matter comprehended in the colonial statutes,

no subject seems to have occupied more attention than the laws

respecting slavery. These, as already observed, appear to have been

formed in general upon principles of humanity and consideration for the

condition of the unfortunate beings to whom they related.

In consequence of a resolution of the year 1760, the Council of India

ordered that the customs of the Mahomedans, in matters of inheritance

and successions _ab intestat_, &c. should be sanctioned and published.

In civil matters, natives and Chinese in the districts of Batavia seem

to have been governed by the same laws as the European inhabitants.

Crimes committed by natives or Chinese in the city of Batavia and its

environs, had, from the first settlement of the Dutch on the island,

always been tried by European judges, and according to European law.

In Bantam the criminal jurisdiction over the natives was left to the

Sultan, and that over the Chinese resident there, was exercised as at

Batavia according to the European law.

The _Jakatra_ and _Priáng'en_ Regencies seem formerly to have enjoyed a

peculiar and fortunate state of tranquillity. Almost entirely removed

from every communication and intercourse with Europeans, Chinese, and

other foreign settlers found in the neighbourhood of Batavia, engaged

in agriculture, and ruled by their own native chiefs, these districts

seem to have been in a high degree free from crime; but whenever

enormities did happen, the offenders were sent down to Batavia, and

tried according to European law. It is to be observed, however, that on

the first submission of those districts to the Company, their chiefs or

regents reserved to themselves the jurisdiction over the inhabitants of

their respective districts; but this stipulation appears to have been

disregarded in the latter times of the Dutch Company, and under the

late administration of Marshal Daendals, a court was established for

these districts, the rule of which was European law.

From Chéribon the Chinese were amenable, as from Bantam and Batavia;

but the natives were subject to a _landraad_ (or local court), of which

the Resident was president, and the Sultans members; and this court

was, partly at least, directed by a _papákam_, or native code, compiled

under the sanction of the government.

In the Eastern districts of the island, the Javans seem always, in

criminal matters, to have enjoyed their own laws, founded on ancient

custom and the precepts of the _Koran_. Of these laws the Council of

Batavia caused abstracts to be printed, for the guidance of the great

_landraad_ or high court at _Semárang_, to which all the Javans in the

European provinces, from _Losári_ to _Banyuwángi_ were amenable.

Under the native government, the prime minister (_Ráden Adipáti_) is

the head of the police, as well as every other department of authority.

The higher class of functionaries is most frequently to be found in

those parts of the country most remote from the seat of government,

where, as governors of provinces, they possess some extension of

powers. The great and fertile provinces near the capital, on the other

hand, are divided into small appropriations, of from two hundred to

one thousand _cháchas_, or families, placed under the administration

of division officers, whose authority is limited to the duties of

police.

Each village is possessed of a distinct organization within itself,

has its chief, its _Kabáyan_ or assistant, and if of any considerable

size, its priest, whose advice is frequently had recourse to, and who

generally decides petty disputes, especially respecting divorces and

matters of inheritance. The chief of the village is not without his

share of judicial authority, and often takes upon himself to punish by

fine and imprisonment. In each village the inhabitants keep regular

nightly watches and patrols.

The manner in which these little societies have been recently formed

in the districts to the east of _Surabáyu_, where the European

authority had not interfered, and where the influence of the Mahomedan

government was scarcely felt, will tend to illustrate their nature and

constitution.

The frequent wars, in which the people had been engaged with the

inhabitants of _Báli_ and _Madúra_, as well as with the Dutch, had

reduced those provinces to a state of wilderness towards the middle

of the last century. The encouragement held out to the people of the

neighbouring island of _Madúra_ brought over several adventurers, who

were allowed to occupy the land they cleared; first rent-free, and

afterwards at a fixed assessment. If several persons came together,

their leader was invested with the authority of _Petíng'gi_ over the

new village which they formed. When individuals associated to construct

a village, the chief was elected by themselves, subject to the approval

of the landlord; and they possessed the privilege, common in all the

districts east of _Surabáya_, of annually electing their chief, or

_Petíng'gi_.

The nature of the duties rendered by this person was so essential to

the well-being of a village, that this privilege was most intimately

connected with its existence. Whenever a new assessment was imposed

on the lands, it was the business of the _Petíng'gi_, if the amount

was too high, to represent the matter to the superior, and to state

the inability of the people to make good the demand: the consequence

was, either a reduction of assessment on the part of the principal, or

desertion on that of the people. But when the amount of the assessment

was considered reasonable (and any amount less than three-fifths seems

to have been so considered), the _Petíng'gi_ had to assemble all the

people, and to distribute to each, in the common presence of all, his

individual proportion of land, with a statement of the produce to be

paid. He had to keep a roster of all duties required of the people, and

to see that every man took his proper turn. When the harvest ripened,

he had to watch the collectors, that they exacted no more from each man

than his proportion; and the cultivator, that he did not embezzle any

part of the due of government. In large villages he had an assistant,

called a _Kabáyan_, who represented him during his absence, and with

the _Kamitúah_ and _Múdin_ (priest), formed a court for settling petty

village disputes; subject, however, to a reference, if the parties

should be dissatisfied.

It was customary for the people of the village to cultivate the lands

of their _Petíng'gi_ without payment. This and the honour of chiefship

rendered the office an object of village ambition; while an annual

election, and the fear, if turned out, of being called upon to justify

his conduct, rendered this officer generally a steady and careful

representative of his constituents.

All strangers passing through the country were expected to apply to

the _Petíng'gi_ for the assistance they required; and if payment was

tendered, all procurable necessaries were furnished. The _Petíng'gi_

also took charge of the strangers' property, examined the same in the

presence of the other head-man, and was bound to return the whole

undiminished the next morning, or to pay the value. If, however, the

stranger preferred keeping his property under his own charge, and

rested himself for the night under some of the public sheds, the loss

he might sustain fell on himself alone, and all he could procure from

the village was assistance to trace the offenders.

It was customary, as well to deter beasts of prey as thieves, for a

part of the men of each village to keep a night watch round it, and to

perform this duty in successive rotation.

Such appears to have been the internal regulation of these villages;

and it seems to have been framed according to the ancient usage of the

island, the similarity of which to that of Western India has been

adduced as a strong instance of one common origin[82].

It follows from the above, that each village has in itself the

materials of a good police, and that a right of choosing their

chiefs gives to the people a considerable share of real liberty[83].

This right of election in the inhabitants of the village, as before

observed, would appear at one time to have been general throughout the

island. It is still respected in the districts of _Surabáya_, where the

office of _Petíng'gi_ was always elective, for although the same person

might hold it for many years, a ballot for the situation was regularly

held at specified periods, varying from one to three years[84].

The right of election is also clearly acknowledged in the districts

of _Japára_ and _Jawána_. "That the _Petíng'gi_ is elected by the

inhabitants of a village," observes the officer who introduced the

settlement into those districts[85], "there cannot be a doubt; and even

the right of election is foregone by the people, though I have not met

with a single instance of the kind, it may be taken for granted, that

it is so only, in consequence of the influence of the Regent, to serve

some particular purpose. While the _Petíng'gi_ continues in office, he

is looked up to and obeyed by the people of the village to which he

belongs as the immediate chief. He generally occupies the _paséban_

usually to be found in villages of consequence, and has two or more

men, inhabitants of the village, appointed to attend him wherever he

goes. A _Petíng'gi_ was usually elected for one year, during which

time he could not, according to the ancient usage, be removed, except

in consequence of some gross misconduct, but if his conduct was such

as to give satisfaction to the inhabitants, they continued him for

several years. As far as I could learn," continues the same officer,

"the Regent, or other superior native authority, seldom interfered in

the election of a _Petíng'gi_; but it was generally understood, that

although he could not force a _Petíng'gi_ upon them who was disliked

by the people, his confirmation was required before the person elected

could act with effect."

In the _Súnda_ districts of _Chéribon_ and _Tegál_, the appointment

to this office is invariably made, if not by the election of the

villagers, generally from among themselves, and always with their

concurrence. It is a common practice for the people of a village, even

where the right of election is not in use, to represent in a body the

conduct of their chief, if incorrect; and it has always been necessary

for the chief native authority to remove him, if the complaints were

justly founded.

A reference to the judicial regulations in the Appendix[86] will show

how desirous the British government on the island has been to protect

the privileges of these societies, and in particular the right of

electing their chief.

When the British authority was established on the island, it

was immediately seen that something must be done to supply the

deficiencies, and to correct the imperfections of the native code. All

the other changes in contemplation for the encouragement of industry

and for the abolition of oppressive and impolitic exactions, would have

been nugatory, without such an improvement in the judicial and police

regulations, as would secure, by a full and impartial administration

of justice, the rights and privileges about to be conferred. It would

have been in vain to define the limits of power, to issue directions

for guiding the conduct of public servants in their transactions

with the people, or to have abrogated the oppressive privileges

of the chiefs, and to have assured the people of the intention of

government to protect them against all invasion of their rights,

either by open violence, by the exaction of services, or by oppressive

contributions, without establishing effective means of obtaining

redress when aggrieved. The system acted upon was at once barbarous

and revolting. Practices prevailed under the sanction of native law,

which were abhorrent to the criminal jurisdiction of any enlightened

nation, without being at all necessary to the due administration of

justice[87]. I allude particularly to torture and mutilation. These the

Earl of Minto immediately abolished, by his proclamation of the 11th

September 1811, in which, besides this beneficial and humane enactment,

he laid down clearly and distinctly the liberal and enlightened

principles which should guide the local government in the subsequent

revision of the civil and criminal code of the colony. The result was

the enactment of the code of judicial and police regulations which

will be found in the Appendix to this work[88]. The outlines of these

regulations, and the principles which dictated them, are contained in

a Minute which I recorded on the 11th February 1814, when they were

completed and promulgated; and the following quotations from that

document may be sufficient to put the reader in possession of the

change which was effected.

"It was essential, in conducting the revenue arrangements, that the

measures taken for the establishment of a good and efficient police,

and the full and impartial administration of justice throughout the

island, should preserve an equal pace.

"Rights were not to be bestowed and defined, without a suitable

provision for their being effectually guarded against any invasion; and

it became an object of the first moment, to form such an adequate and

consistent code of regulations, as should serve, in every instance,

to guide the executive officers of government in the performance of

their duty, and to make known, and secure to the people, the means of

obtaining redress, whenever they felt themselves in any way aggrieved.

"The system found existing on our first arrival was at once complicated

and confused. In the principal towns there were established courts,

but these were constituted in all the troublesome formalities of the

Roman law; and in the different residencies were provincial courts,

styled _land-raads_, where the native form and law was left to take its

course, with all its barbarities and tortures.

"The Dutch government, proceeding entirely on the system of

commercial monopoly, paid very inferior attention to their internal

administration. They had little other connexion with their best

subjects, the cultivators of the soil, than in calling on them,

from time to time, for arbitrary and oppressive contributions and

services; and for the rest, gave them up to be vassals to the various

intermediate authorities, the Regents, _Demángs_, and other native

officers. These either at first purchased their situations, or

stipulated for a certain tribute, in service or money, in consideration

of which all the inferior classes of inhabitants were made over, to

be dealt with by them as most pleasing to themselves. Policy, and the

common attention to their own good, suggested to these a certain equity

of procedure, and it was generally the custom to leave each village

to its own management, with respect to police and settling the petty

quarrels that occurred within its limits; but for the continuance of

what was good in such a system, there was no security whatsoever, and

oppression and injustice must have constantly occurred. Where the will

of the lord was the paramount law, his vassals could only have depended

on his natural goodness of disposition for being equitably treated. No

remedy was afforded where the reverse was the case, and they possessed,

in short, no security, no freedom whatsoever.

"On the propriety of the measures to be adopted by us to remedy such

evils, no doubt could exist.

"The first proclamation of the enlightened founder of the present

government adverted immediately to this subject. As a step that could

not, consistently with British ideas, admit of a moment's delay, it

instantly ordained, that torture and mutilation should no longer make

part of any sentence to be pronounced against criminals; and it then

proceeded to define clearly the relative situation of the English

and Dutch inhabitants, laying down rules for the future guidance of

government concerning them. This proclamation, dated 11th September,

1811, has long been before the world, and it would be superfluous,

in this place, to dwell on that love of justice and benevolence of

disposition, which is to be traced through every part of it. It forms

the basis of the present respective European rights in this colony[89].

"As a continuation of the measures so ably sketched out by my

predecessor, I issued the proclamation, dated the 21st January, 1812.

"In this I attempted to simplify the clumsy and unwieldy structure of

the former courts, by abolishing some, lessening the number of the

judges in the remaining ones, and by defining, as accurately as I

could, the limits of their respective jurisdictions.

"It was found that, formerly, there were separate courts for

investigating the conduct of the immediate European servants of the

Dutch Company, and of Europeans not included in that service. This

distinction, as Lord Minto observed, never could have been grounded

on any sound principle, and it being resolved, that justice, under

the British government, should be administered equal and alike to

all classes and denominations, the judicial power of the College of

Schepenen was abolished, and transferred to the jurisdiction of the

courts of justice.

"The great number of judges who, under the Dutch administration, formed

a court, was reduced in each to a president and three members.

"One court was established in each of the three principal towns,

Batavia, Semárang, and Surabáya, the jurisdiction of which extended

over its European inhabitants; proceeding, in civil cases, in the mode

before established, but in criminal ones, so as to conform as much as

possible to that established in Great Britain; in all cases confronting

the prisoner with the evidence, and a jury being called to judge of the

fact on the evidence so adduced.

"To relieve these courts from numerous inconsiderable causes, courts,

of the nature of Courts of Requests, were also established in these

three towns, for the recovery of small debts.

"For matters of police within the towns, magistrates were appointed;

but they were ordered to confine themselves entirely to this branch.

"An abuse which had been discovered to be usual, the compounding crimes

and offences, in consideration of a sum of money paid to the Fiscal or

other officer, had also met with Lord Minto's most severe reprehension,

as being one of an abominable nature, and to be suppressed without

delay. The practice was accordingly strictly prohibited, and

consonantly with British ideas was termed scandalous.

"Thus much had been done with regard to Europeans, and it has been

found fully sufficient.

"But with respect to the native inhabitants of the Island, it was to be

expected that much greater changes would be necessary.

"In the first instance, it was ordered that courts should be

established in the different districts, in which the chief civil

authorities should preside, aided by the Regents and other native

officers, for the purpose of hearing and trying all causes in which

natives only were concerned; the amount of their civil decisions, when

exceeding fifty dollars, being submitted for confirmation to the courts

of justice; and all criminal cases, of a capital nature, being made

over by them to judges of circuit, who were ordered to be sent on this

duty twice a year, from among the members of the superior courts.

"Thus much was known not to militate either against the principles

of universal and natural justice, or against the particular laws and

usages of the country; and thus much was only, at first, done, because

it was resolved to obtain the fullest knowledge of the subject, with

regard to the manners, habits, and institutions of our native subjects,

before we established one general code of regulations for the internal

administration of the country.

"In effecting this grand object, it was rather my wish to have it

maturely and well done, than by accelerating it too much, to run the

risk of taking up a crude system, which would require to be afterwards

re-considered, and perhaps entirely new modelled.

"On the principle, however, which would eventually guide me, there was

no doubt, nor is it necessary for me to dilate on the impolicy, the

inconvenience, or the injustice, of subjecting the natives of Java to

any other laws, than those of their ancient government and established

faith.

"The tranquillity of the country and the duties of police have been

provided for, by preserving the original constitution of the villages,

and continuing the superintendence and responsibility in the hands

of those, whose rank enables them to exert a due influence, and to

command respect. For the administration of justice, the duties of the

Resident, as judge and magistrate, have been considerably extended. In

civil cases, the mode of proceeding, and the establishment of petty

courts, are founded on the practice of the country; in criminal, the

jurisdiction and authority of the Resident has been considerably

extended. Hitherto, his duties had been strictly confined to police;

but considerable delay and injury to the parties accused, as well

as to the witnesses, had been occasioned by allowing all causes of

a higher nature to lie over for the Court of Circuit: and as the

separation of the collection of the Revenue would afford more time

to the Resident, it was resolved to extend the criminal jurisdiction

of the Provincial Courts to all cases, in which the punishment for

the crime alleged does not amount to death. In these courts, which

instead of being termed _Landraad_, as heretofore, are now styled the

_Resident's Courts_, the _Panghúlu_, or chief priest, and the superior,

_Jáksa_, or native fiscal, attend to expound the law. The _Bopátis_,

or Regents, with their _Pátehs_, are present, to aid and assist the

Resident with their opinion in the course of the investigation, but

they have no vote in the decision. If the opinion of the law officers

appears to the Resident to be according to substantial justice, and is

in accordance with his own opinion, the sentence is immediately carried

into effect, provided the punishment does not extend to transportation

or imprisonment for life.

"In cases where the punishment adjudged is more considerable, or

wherein the opinion of the law officers may be at variance with that

of the Resident, a reference is to be made to the Lieutenant Governor;

and in all cases where the punishment for the crimes charged is of a

capital nature, the prisoner is committed to jail, to take his trial

before the Circuit Judge.

"On the first establishment of the Courts of Circuit, it was

directed that the President and one other member of the Courts of

Justice, should proceed once in six months, or as much oftener as

circumstances might require, to the different Residencies in their

several jurisdictions, for the trial of offenders. Much inconvenience,

however, was found to arise from the absence of those members of the

courts from the towns in which they were established, as it necessarily

followed, that all civil business was at a stand while they were away.

On the other hand, to prevent delay on the trial of criminals, it was

necessary that they should visit the Residencies more frequently than

once in six months.

"To remedy this in future, and to provide for the prompt and due

administration of justice among the native inhabitants, in a manner

that is not repugnant to their notions of right and wrong, one member

of each of the courts of justice has been appointed a Judge of Circuit,

who will be present in each of the Residencies at least once in

every three months, and as much oftener as necessary. In the mode

of proceeding, they are to avoid the formalities of the Roman law. A

native jury, consisting of an intelligent foreman and four others[90],

decide upon the fact: the law is then taken down, as expounded by the

native law officers, and the sentence, with the opinion of the Judge

of Circuit, and on the application of the Dutch and Colonial law on

the cases, is forwarded for the modification or confirmation of the

Lieutenant Governor.

"Hitherto the jury required by the Court of Circuit, did not exceed

five in number, and these, as justly observed, 'were chosen from a

class of men (Europeans) who had no common feelings, no common rights;

who were, in no shape or consideration, the equals of the person tried.

The law was the law of Europe. The jury, under their best prejudices,

were influenced by that law; and its meanings and penalties were

applied to people who reason in a different manner, and who often never

knew any thing of the laws of Europe, before they found themselves its

convicted victims.'

"The general jurisdiction of the Courts of Justice at Batavia,

Semárang, and Surabáya, is now confined to Europeans and foreigners and

to the inhabitants of those towns and their suburbs; and a line has

been drawn, which distinctly separates the police of the country from

that of the towns.

"Collections of the different law-books and institutions of the

country are now making, and a native establishment has been formed

at Buitenzorg, under my immediate superintendence, for examining and

revising the judicial proceedings, and for affording to the native

inhabitants that facility of appeal, which the remoteness of the

Government, and the rules of Dutch administration, did not formerly

admit of, but which is so consonant to the principles on which the new

system of internal economy has been established."

Under the native government, the whole of the male population capable

of bearing arms was liable to military service; but the number of

people required to cultivate the land, and to perform other public

services, did not admit of more than one-third being spared for

military purposes, except in cases of extraordinary emergency. The

extent of the force permanently kept up by the sovereign in time

of peace varied, of course, with the probability of approaching

hostilities: when this was smallest, the number seldom exceeded what

was required for the state and pomp of the court, and might have

amounted to four or five thousand men. Until within the last sixty

years, when the Dutch first obtained a supremacy over the whole

island, the provinces under the native administration had for several

centuries been in a continual state of warfare; but since that period

the military spirit has been gradually subsiding, and, by the existing

treaties with the native princes, they are restricted in the number of

troops which they may maintain. Those of the _Susuhúnan_ are limited

to a body guard of one thousand men: such further number as may be

required for the tranquillity of the country, the European government

undertakes to furnish.

Before the native sovereign was under this restriction, he used to

raise the requisite force by a demand upon the governor of each

province for a specified number, to be furnished at a certain time,

varying according to circumstances. The governor or chief of the

province apportioned this demand among the subdivisions, and the

village chiefs selected from among the villagers as many as were

required of them; and thus, in a country where every man wears a _kris_

or dagger, and the spear or pike is the principal military weapon, an

army, or rather a numerous armed mob, was easily collected in a few

days. The men furnished from the villages, and of whom the mass of

every large army necessarily consisted, were distinguished from the

soldiers by profession (_prajúrit_), by the term _árahan_, or _prajúrit

árahan_. During their absence from home, they were provisioned by the

sovereign, and their wives and families were maintained by the head of

the village, who required of the remaining cultivators to assist in

working their fields or gardens.

The sovereign, as the head of the military and the fountain of military

honour, assumes among his titles that of _Senapáti_, or lord of war.

When an army is to be raised, he appoints a certain number of his

chiefs to be _widánas_, or commanders of corps of three hundred and

twenty men. Under each _widána_ are four _lúrahs_ or _tíndihs_, who

command companies of eighty men, and have each two subaltern officers,

called _babákals_ or _sesábats_, each having the command of forty men.

The _widánas_ were remunerated for their services by grants of land,

to the amount of a thousand _cháchas_, from which they had again to

make assignments for the maintenance of the inferior officers, who were

always nominated by them.

When troops march through the country, or supplies are required, a

demand is made upon the neighbouring districts, which are obliged

to contribute according to their means, without payment. When in

an enemy's country, the troops, of course, subsist by plunder, the

disbursement of money for provisions or supplies being unknown.

The native armies of Java consisted chiefly of infantry, but the

officers were invariably mounted, and when cavalry was required, each

province furnished its quota: the troops, whether on foot or mounted,

joined the army properly equipped for action. It was thus unnecessary

for the sovereign to keep up a store of arms. Each village has its

provision of spears, and sometimes of fire-arms; the officer of

subdivision keeps a further reserve for contingencies; and as the chief

of the province is responsible for the proper equipment of the men, he

generally has also a further store to supply any deficiency.

Of the different weapons used in Java, the most important and the most

peculiar to the Eastern Islands is the _krís_, which is now worn by all

classes, and as an article of dress has already been noticed.

The Javan _krís_ differs from the Malayan, in being much more plain,

as well in the blade as in the handle and sheath: it differs also in

the handle and sheath from the _krís_ of _Madúra_ and _Báli_, as may

be seen in the plate. The varieties of the blade are said to exceed

an hundred; and as a knowledge of the _krís_ is considered highly

important by the Javans, I have, in a separate plate, offered specimens

of the most common.

In the plates are also exhibited the different kind of spears,

darts, and other weapons, either said to have been in use formerly,

or actually used at the present day. These are the bow and arrow

(_gendewa_, _pana_) which are seldom used in modern days, except on

state occasions. The arrows, termed _chákra_, _paspáti_, _trisúla_,

_waráyang_, _diwál_, _róda dedáli_, and others of a similar form, as

well as the clubs called _indán_, _gáda_, and _dénda_, are represented

as the weapons used by the gods, demigods, and heroes of antiquity,

and are constantly referred to in the mythological and historical

romances of the Javans, and exhibited in their scenic and dramatic

entertainments. The _túlup_ and _páser_ represent the tube and the

small arrows which are rendered poisonous by the _úpas_: these have not

been used on Java for centuries, but they are common in less civilized

islands of the Archipelago, and particularly on Borneo. The _gánjing_

is an iron bar, formerly used by the Javans. The _bandríny_, or sling,

is still used with considerable effect, and was employed in resisting

the British troops in 1812. The _pedáng_, _bandól_, _badík_, _golók_,

_mentók_, _lámang_ or _klewáng_, and _chundrík_, are varieties of the

sword. The _kúdí-tránchang_ is a weapon which was formerly general on

Java, but not now much used. The _wedúng_ is a peculiar weapon, in

the shape of a chopper, worn on occasions of state by all chiefs when

in presence of the sovereign. Of spears and darts, there are several

varieties distinguished by different names. Small round shields are

still in use; the long shield is not. The matchlock exhibited in the

plate is a representation of a piece manufactured on _Báli_.

Besides these instruments of war, the Javans have long been acquainted

with the use of cannon, muskets, and pistols. Previous to the reduction

of _Yúgya-kérta_, in 1812, by the British forces, the Sultan cast

brass guns of considerable calibre, and at _Grésik_ they are still

manufactured for exportation. Round the _kráton_ of _Súra-kérta_ are

mounted several very large pieces of artillery, and great veneration is

paid to some of them supposed to have been the first introduced on the

island: two, in particular, are considered to be part of the regalia.

For muskets and pistols they are principally indebted to Europeans.

Gunpowder they manufacture, but to no considerable extent, and the

quality is not esteemed.

From an army raised only on emergency, and composed of people who do

not make the military life a profession, much discipline cannot be

expected. The veneration, however, which the common people pay to their

chiefs, the well defined gradations of rank, and the devotion with

which all classes are willing to sacrifice themselves in support of

their ancient institutions and independence, seem to render the Javan

troops, while acting under their own chiefs, orderly and tractable. In

their tactics and conduct they endeavour to emulate the examples given

in their ancient romances; and in the plans for their pitched battles,

the march of their armies, and the individual heroism of their chiefs,

they strive to imitate the romantic exhibitions contained in the poems

of antiquity. In the great _Matárem_ war, for instance, the result of

which was the establishment of the present family on the throne, the

disposition of the army is said to have been in the form of a shrimp or

prawn, as represented in the plate. This form is termed _mangkára_, or

the shrimp which hides its soul, alluding to the sovereign who is in

the centre and not to be approached. The plan of this order of battle

is said to have been taken from the poem of the _Bráta Yúdha_, and was

adopted by _Bimányu_, the son of _Arjúna_. The _diráda máta_ is another

form, said to have been used by the army of _Astína_, and has likewise

been adopted by the modern Javans[91].

Of the bravery and heroism required of a soldier, some notion has

been given in the account of the Javan ethics; and a reference to

their history, for the last three centuries, will abundantly prove,

that although unacquainted with those evolutions and tactics which

contribute so largely to the power of an European army, the Javans, as

soldiers, have not been deficient, either in personal courage, or in

such military principles as might be expected from the general state of

society among them, and as are well suited to the nature of the country

and the weapons they are accustomed to carry[92].

It is the national boast, that it was not so much by force of arms

as by intrigue and stratagem, that the Dutch obtained the superiority

in the country. The history of the Dutch administration on Java will

abundantly testify this, and at the same time prove, that among

Asiatics, there are few nations who have fought more obstinately in

support of their independence than the Javans. It was by corrupting

and bribing the chiefs, and sowing disunion among them, that the Dutch

succeeded in dismembering an empire, already shaken, at the period of

their arrival, by the constant wars which attended the establishment

of Mahomedanism. The comparison which has been drawn by the Javans

themselves of their own character, in contrast with that of the Dutch,

may serve to illustrate the nature of the military feeling still

existing in the country. "The Dutch," say they, "are superior to the

Javans, inasmuch as they have good heads; they can calculate, and they

understand policy better, but then they have cold hearts: the Javans

are poor simple beings, but they love their country and will never quit

it; their heart glows and often burns."

The phrenzy generally known by the term _muck_ or _ámok_, is only

another form of that fit of desperation which bears the same name

among the military, and under the influence of which they rush upon

the enemy, or attack a battery, in the manner of a forlorn hope. The

accounts of the wars of the Javans, as well as of the _Maláyus_, abound

with instances of warriors running _ámok_; of combatants, giving up all

idea of preserving their own lives, rushing on the enemy, committing

indiscriminate slaughter, and never surrendering themselves alive[93].

Even at present, there are to be found among the Javans men who profess

to be and are considered invulnerable; and there are some who, by a

dextrous manner of receiving the spear, and other such artifices,

completely impose upon the too credulous people. Nothing is so easy

as for an artful man to persuade the common Javans that he possesses

supernatural power. At the present day this pretension, and the

artifices by which it is supported, are more generally of a religious

nature, but during the wars, every fortunate chief was considered as

partially vested with it.

The general term for a soldier is _prajúrit_: the guards of the

sovereign are distinguished by the term _tantómo_. _Sara g'ni_ is the

name given to those who carry fire-arms. _Gándek_ are the couriers or

messengers who convey the orders of the commanders. In every army there

is a certain number called _jága béla_, whose duty it is to prevent the

body of the troops from deserting, and to see that every man does his

duty. _Pána káwan_ is the term by which the youths who accompany their

fathers and relations to battle are distinguished. _Semút gátat_ is

the general term for attendants, retainers, and followers of an army.

But besides distinctions of office, there are others purely of merit

and honour: those are called _niútra_ who are selected as superior to

their comrades in person and strength: the _prawireng_ are those who

have once distinguished themselves in battle: _magátísh_, those who

sacrifice all other prospects in life in order to pursue the love of

arms: _trúna-láyang_, gallant youths: _jága súra_, those whose courage

is undisputed, and who keep a good look out: _júdi páti_, those who

hazard their lives in battle, as they would hazard a die in any common

game of chance; literally, who play with death: _nirbáya_, those

who are above a sense of pain or fear: _jáyeng sekár_, flowers of

victory[94]. This latter term was chosen by Marshal Daendels for the

native militia raised for the service of the Dutch government during

his administration.

In the Dutch armies the Javans were considered as inferior to the other

islanders as soldiers, and from the facilities offered for desertion

while serving on Java, it was with great difficulty that they could

be disciplined. The men were invariably raised by conscription, and

instances have occurred of their deserting by companies. Under the

British a corps of about twelve hundred men was raised, with little

prospect of advantage for the first two years; but, by the perseverance

and ability of the officer who commanded them, they afterwards became

a well-disciplined corps, and on all occasions behaved themselves with

fidelity and courage when called into action. As individuals, they

are, for the most part, physically weaker than the _Maláyus_ and other

islanders; and as a nation, their agricultural habits have considerably

obliterated the military character which they once possessed. Their

country, however, particularly in the interior, is naturally very

strong, full of ravines and fastnesses, and their mode of warfare is

perhaps the best adapted for its defence. Were the whole energies of

the nation united under one chief, with the experience which they now

have of European tactics, it may be assumed that they would render it

impregnable to any open attack, either of an European or an Asiatic

force; but, unfortunately for their independence, it has been their

lot, as their history will shew, to be continually disunited, either

by religious or political feuds. Their greatest resistance appears to

have been made against European influence. They maintain with pride,

that although virtually conquered, they still, as a nation and as

individuals, pertinaciously adhere to their ancient institutions, and

have a national feeling, very different from that which is usually to

be found among a conquered people.

The subject of revenue, for the support of the various establishments

under the native government, has been so repeatedly touched upon, and

came so much into view in the account given of Javan agriculture, that

many further details here would appear tedious and unnecessary. All

public officers, it has been often observed, from the highest chief

to the lowest menial, are remunerated by grants of land revokable at

pleasure, and all expences of the courts of justice, all police and

military services, defrayed out of the same fund. There is no public

treasury. When public works are to be executed, or supplies are to

be furnished, each village is called upon to furnish its quota of

men, of provisions, &c.; and on the equitable regulation of these

services and contributions depends the reputation of the native chief.

The land constitutes the only treasury of the prince, and this is

valuable according to its fertility, and the extent and number of

its cultivators. There are, to be sure, certain general taxes and

imposts levied throughout the country: but these appear to have been

of comparatively modern introduction, and unconnected with the genuine

principles of the Javan government. The nature of several of these

imposts and taxes has been explained in treating of the landed tenure

and the condition of the peasantry. The following statement, extracted

from the Report of a Dutch commissioner[95], appointed to inquire into

the subject of taxation in the year 1812, though it refers to the

particular province of _Surabáya_, may be considered as applicable to

the greater part of the island; and I here produce it in preference

to any more general or more concise account of my own, because it

will shew that the opinions I have so often expressed, concerning the

oppressions of the Dutch authorities, the patient submission, the

industry, and other good qualities of the lower classes of Java, are

not peculiar to the English, but entertained by some of the subjects of

a government which profited by the abuses complained of, and must have

been anxious to conceal their enormity.

"The ordinary taxes annually levied in the district of _Surabáya_ are

as follow:

"1. The _grabág_ or _peték_, or as it is sometimes called, the _chácha_

or capitation tax, is generally levied at the rate of four rupees for

each _chácha_ a year; that is to say, for such a quantity of profitable

land as may be cultivated by one family.

"2. The contingent or contribution of rice to government, being from

fifteen to nineteen _píkúls_ of clean rice from each _jung_, according

to its situation and fertility.

"3. _Pári pánajúng_ (from which, however, are excused the distant

districts), consisting generally of three _ámats_ of _pári_, equal to

from eight to ten _káti_ of rice, from each _jung_. This is destined

for the maintenance of those _Mántris_ and chiefs who were not at all

or insufficiently provided with rice fields of their own.

"4. _Pári págondíkan_, levied only in the districts near the capital,

consisting generally of two _gédings_ or double heaps of _pari_. This

was destined for the extraordinary expences of the districts; as the

maintenance of the government, state prisoners, native ambassadors from

the opposite coast, and the like.

"5. _Pàri pakásak_, consisted of three _gédings_ from each _jung_,

destined for the maintenance of those who superintend the direction of

the water-courses, &c.

"6. _Pári zákat_, consisted of one _ámat_ of _pári_ from each _jung_,

and was destined for the maintenance of the church and chief priests.

"7. _Pítrah_, consisted in the payment of twenty _káti_ of rice from

each _jung_, also destined for the maintenance of the priests.

"8. _Máláman._ This consisted of a payment made to the Regent or chiefs

of the districts, at each of the three festivals of _Múlut_, _Púasa_,

and _Besár_, of ten _káti_ of rice, and three and a quarter stivers in

money from each _jung_, one large fowl, five eggs, four cocoa-nuts,

one bunch of plantains: and from those who held three or four _jungs_,

was further required a bottle of oil, to add to the solemnity of the

ceremony, to which persons of this condition were universally invited.

"It is easy to conceive, that the common Javan was not able to make

any money after paying these taxes and contributions, at least not so

much as he wanted for himself and family; particularly if we take into

consideration, that it is very seldom one man is the sole proprietor

of a _jung_ alone, but that it is often divided between three and four

persons, and that, with the most successful harvest, such a _jung_ does

not produce more than thirty to thirty-five _ámats_ of _pári_. With all

this, however, the common Javan would feel himself satisfied, if he had

no other taxes to pay, having generally a good many fruit trees, and a

little cottage farm, in which he cultivates _síri_, &c. and sometimes a

small fish-pond in the vicinity of his dwelling, which is usually free

of tax. But this is not the case; he must submit to other oppressions,

which not being regulated, are for that reason the heavier, because

they are called for in an arbitrary way, and because self-interest does

not fail to seize every possible opportunity of extortion.

"When a chief has occasion to travel, when a marriage, birth,

circumcision, recovery from illness, or any such subject of festivity,

occurs in his family, it is advertized immediately to the subordinate

towns and villages, the inhabitants of which feel themselves obliged,

each in proportion to his means, to carry him fruits, rice, fowls, and

even buffaloes and money. These are called free presents, but in fact,

are as much an obligatory contribution as any of the others; to say

nothing of the many demands for fowls, eggs, ducks, fruits, &c. for

which payment is made, but always at a rate far below their value: or

of the numerous fines which are continually exacted from the people,

in compensation, or as hush money for disputes and offences of every

description; the taking away of _bámbus_, and sometimes of fruit trees,

when wood is required, either for government or the chief; to which

must yet be added, that for the execution of the duties of government,

and on the conveyance of orders, _Mántris_, and other subordinate

chiefs, were continually, in the neighbourhood of the villages, just

like so many voracious birds, who think themselves entitled not only

to take something for their trouble, but to be provided during their

stay with every thing gratis, even opium, if they require it. This

custom, adopted on Java, extends to every other chief, although not in

employment, and even to the Regents, their relations, &c. None of these

persons will pass through a town or village, without demanding what he

wants for his maintenance or journey; and very often he asks what he

does not want, to the great oppression of the common Javan. Much is

wasted by this practice, and no particular advantage appears to result

from it.

"We must, indeed, be astonished to see all the oppressions, &c. to

which the common Javan must submit. It is usually said, indeed, that

the Javan is not accustomed to an easy life, and ought not to have more

than barely enough to keep him alive, with many more such expressions;

but this is not the manner of reasoning of any well-thinking man,

who, though he sees very well the imperfections and weak nature of the

Javan, yet bears in mind that he is a man like himself; who, although

he has been conquered, it is true, by the greater valour and knowledge

of the European, has still an equal right to be treated like a man.

"But, alas! these are not all the vexations and oppressions which

fall to the lot of the common people, who bear all without murmuring.

The feudal service was as grievous as almost all the other charges

united. The origin of those services must be sought for in the feudal

system of the native government, long ago adopted throughout Java.

It was considered that all the land was the property of the prince,

who only made provisional assignments thereof to his subjects, in

remuneration for military and other services rendered. This was the

cause of all the lands being divided into as many allotments as could

be cultivated, called _cháchas_, each of a size to be cultivated by

one man. A certain number of these was assigned to the different

chiefs, according to their rank; the custom of the country fixing not

only the amount of contributions to be paid from the produce, but

the number of men to be constantly kept in attendance upon them. The

lands thus assigned to chiefs were exempt from service to them, and

the inhabitants were only expected to watch the villages, to make and

repair the roads, and to perform other general services of the state.

This was the situation of the people with regard to service, when the

coast districts were first ceded to the European government. The system

of trade and fixed contributions did not admit of any change, and the

services were at that time of very little consequence, and such as

could be performed without oppression to the inhabitants; but the case

is now quite different. Successively and particularly of late years,

much heavier services have been demanded than were ever before known,

and it naturally follows, that the Javan must be kept more at work

than before. Besides, it is not possible to apportion those services

equally, on account of the situation of the places where the services

are required, and because the chiefs, who have the direction of the

works, from indifference and laziness, generally make a requisition on

the nearest village; and it not unfrequently happens, that many people

are thus taken for the public service, who have no lands whatever

allotted to them.

"Were the requisitions made for the public service alone, it would

still be comparatively nothing, it being admitted that the state has a

right to the labour of its subjects; but the Regents, their relations,

their _Pátehs_, and the subordinate chiefs of every description, assume

the right of disposing of the services of the common people as they

think proper, and themselves employ many of them in menial labour of

all descriptions[96], from which it arises, that the number of people

employed away from their homes, on what is called public services, is

almost incredible.

"It is therefore more than time, and highly necessary, that an end be

put to this monstrous system of government. Humanity looks forward with

pleasure to this step. Government, who are essentially interested, have

the most perfect right to take it; but the change must be entire and

radical. Where the machine is entirely bad, it would be vain to attempt

the repair of a few of the parts of which it is composed: the whole

would still remain worthless, and it would only result that the main

defects being hidden by a specious covering, the whole labour would be

worse than thrown away."

The British government did accordingly alter the whole system of

revenue. The subject was forced upon its attention, not only by the

desire which every humane and liberal administration must feel, to

promote the happiness of its subjects, but by considerations of a

prudential nature. The resources of the country had sunk under a

capricious and tyrannical system of exaction; industry was paralyzed,

and confidence was destroyed. The opportunity for effecting a

reformation was favourable, our means ample, and we had nothing to

dread from the opposition of those interested in supporting abuses:

it was, therefore, resolved to abolish all oppressive taxes, and to

come immediately upon the soil for support of our establishments,

by appropriating a fixed portion of its produce, leaving the full

enjoyment of the remainder to the cultivator, with every facility for

turning his industry to account. What was done in consequence, by the

land revenue arrangements, has been seen in the account given of landed

tenure.

The subjects of the colony were freed from the sway of their chiefs,

who were no longer permitted to demand at pleasure their services or

their property. These chiefs were compensated for the loss of their

former influence by salaries in money or allotments of land, which they

either held on condition of performing the police duties, or collecting

the revenue. When paid by the rent of land, they were permitted to

exact no more than the assessment settled by government. No arbitrary

power was allowed them to disturb the peasant in the enjoyment of the

remainder, or to drag him from his home and his duties to his family,

for the purpose of swelling their idle pomp, or performing services

about their person or household. The Chinese farmers of the revenue in

_Chéribon_ and other districts, having oppressed the people by every

rapacious and tyrannical expedient, were, by the discontinuance of

the farms, deprived of the power they had exercised over the persons

and property of the natives. Forced services and all deliveries of

produce at inadequate rates on government account were abolished; and

for whatever colonial produce or supplies might be required for the

public service, the fair market price was ordered to be paid. Duties

on the transport of goods from one part of the country to another, and

on the sale of commodities at markets or bazars, were, for the most

part, abolished, as injurious to trade and discouraging to agricultural

industry. The system of farming the import and export duties, which

existed under the Dutch, was likewise annulled, and collectors were

appointed to receive the duties immediately for government. Internal

duties, of the nature of tolls and market dues, had been universally,

though secretly, levied by the Chinese, in _Chéribon_ and other places,

in direct opposition to the orders of government and the terms of their

engagement. This abuse, engrafted on the farming system, incalculably

aggravated its evils and called loudly for redress. The farmer thrust

his rapacious hand into every place where there was the least prospect

of gain, and limited his demand only by the capacity of the merchant

to satisfy it, or by an ill-defined custom, which might be perverted

almost at pleasure, so as to accommodate itself to any exaction. The

evils resulting from this mode of raising a revenue may easily be

calculated, when it is stated, that, for a very trifling contribution

to government by the farmer, duties were levied upon internal transport

amounting to nearly fifty per cent. on the value of the commodities

transported. Rice, on its transport from one part of the island to

another, had been liable to duties of about forty-six per cent.

Regulations were made for fixing the amount of import duties, and

equalizing them over the island.

The restoration of the Dutch Indian empire to the sovereign of the

Netherlands, at a period when these important changes were only in

progress, may have perhaps prevented the full accomplishment by the

English of the details in some districts, but the principles of the

new system were not only introduced and thoroughly understood in all

the more populous districts under the European government, but an

experience of three years fully demonstrated the advantages resulting

from it to the public revenue. It would have been attended with

great immediate loss, without any corresponding future gain, to have

abolished at once all the former sources of revenue; but the thorough

change of system was declared, and the principles of it were acted

upon, as far as was consistent with the security of public tranquillity

and the realization of the current resources of the country; and the

results of these arrangements, as far as they went, proved that a

land rent might, even with the existing taxes in the capitals, &c.

be realized at the rate of at least six rupees annually from each

cultivator, or after the abolition of the taxes bearing on agriculture,

at the average rate of four Spanish dollars from each cultivator,

giving in the one case a rental for the whole island of about six

millions of rupees, and in the other of four millions of Spanish

dollars, or at five shillings the dollar, a million sterling. Of this

one-fourth would accrue to the native princes, and the remainder to the

European government. The particulars of the land revenue settlement

effected in each district, and the detailed resources of the different

parts of the island, will be particularly noticed in the statistical

accounts which will appear in a subsequent part of this volume, when

the subject of revenue will be again adverted to; and, in the mean

time, it may be sufficient, for the purpose of shewing the general

resources, to refer to the annexed table, exhibiting the revenues and

expenses of the Javan government for a period of three favourable years

under the old Dutch Company, for three years under the administration

of Marshal Daendels, when its real resources were first called forth

and the revenue was higher than before known, and for the first three

years under the British government, of which alone, the accounts are

yet closed. The dependencies included in this table do not include

the Moluccas or Spice Islands, the administration of which under the

British government was kept distinct from that of Java.

By this statement it will appear, that the revenues actually realized

in cash, on Java, in the year 1814-15, and before the land revenue

arrangements had become fully effectual, amounted to upwards of six

millions and a half of rupees: to this may be added one-third more

for the revenue of the native provinces, making a total revenue of

the island exceeding eight millions and a half of rupees, or above a

million sterling.

From a colony which was able to furnish at such a moment so extensive

a revenue from its own internal resources, after the drains, checks,

and restrictions to which it had been subjected during the last two

centuries, what might not have been expected, had confidence been

once established in the permanency of the government, and the tide of

British capital been once fairly turned into it?

FOOTNOTES:

[74] The inhabitants of these Islands are strikingly alive to a

sense of shame; a feeling, which is heightened by the influence of a

tradition among the Maláyus, that, on the first establishment of the

Malayan nation, the islanders stipulated, that neither they nor their

descendants should ever be put to shame. The tradition runs as follows:

"Then _Ampu_ and _Maling_ made obeisance to _Sangsapurba_ (a prince

who had arrived in Sumatra from Western India, and who is supposed to

have founded the Malayan empire) and represented to him that _Demang

Lebar Daon_ (chieftain broad leaf of Palembang), had a daughter.

_Sangsapurba_ accordingly sent to ask her in marriage; but he excused

himself, alleging, that she would probably be struck with sickness, and

that he would only resign her to him as a wife on certain conditions.

These conditions were, that, on _Sangsapurba_ marrying his daughter,

all the family of _Demang Lebar Daon_ should submit themselves to

him; but that _Sangsapurba_ should engage, both for himself and

his posterity, that they should receive a liberal treatment; and,

in particular, that when they committed a fault, they should never

be exposed to shame nor opprobrious language, but if their fault

was great, that they should be put to death according to the law.

_Sangsapurba_ agreed to these conditions; but he requested, in his

turn, that the descendants of _Demang Lebar Daon_ should never move any

treasonable practices against his descendants, even though they should

become tyrannical. 'Very well,' said _Demang Lebar Daon_; 'but if your

descendants break your agreements, probably mine will do the same.'

These conditions were mutually agreed to, and the parties swore to

perform them, imprecating the divine vengeance to turn their authority

upside down who should infringe these agreement. From this condition

it is, that none of the Malayan rajas ever expose their Malayan

subjects to disgrace or shame: they never bind them, nor hang them,

nor give them opprobrious language; and whenever a raja exposes his

subjects to disgrace, it is the certain token of the destruction of his

country. Hence also it is, that none of the Malayan race ever engage in

rebellion, or turn their faces from their own rajahs, even though their

conduct be bad, and their proceedings tyrannical."--_Malàyan Annals._

[75] See Report on the Districts of Japára, by the Resident Dornick, in

the year 1812.

[76] See a further account of this work under the head Literature.

[77] This payment is regularly termed by the Dutch, _ampt-geld_, or

place-money, being money paid for the purchase of an office. By the

Javans it is termed _sorok_, which, in its more general acceptation,

means a bribe.

[78] With whatever fidelity this character of the Javan regents may

have been drawn by Mr. Hogendorp, in the year 1800, it most certainly

did not apply to them in the year 1811, nor in the subsequent years

of the British government on Java; for, however negligent and corrupt

many of them may have been rendered, by the system of government

which prevailed under the Dutch East India Company, the changes

effected during the administration of Marshal Daendals soon induced

a character for energy and activity. His government was military and

despotic in the extreme, and the regents were considered to hold a

military rank, and required to exert themselves in proportion to its

importance. They did so, and works of the greatest magnitude were

constructed by their exertions. The chiefs were found active and

intelligent, the common people willing and obedient. With regard to

their character under the British Government, it would be an act of

injustice, if not ingratitude, were I to neglect this opportunity of

stating, that, as public officers, the Regents of Java were almost

universally distinguished by an anxiety to act in conformity with the

wishes of the government, by honesty, correctness, and good faith; and

as noblemen, by gentlemanly manners, good breeding, cheerfulness, and

hospitality. In the observations made upon the Javan character in the

text, I have spoken of the Javans as a nation generally; but I might

select instances where the character of the individual would rise

very far above the general standard which I have assumed. I might,

for instance, notice the intellectual endowments and moral character

of the present _Panambáhan_ of _Súmenup, Náta Kasúma_. This chief is

well read, not only in the ancient history of his own country, but

has a general knowledge of Arabic literature, is conversant with the

Arabic treatises on astronomy, and is well acquainted with geography.

He is curious in mechanics, attentive to the powers of mechanism, and

possesses a fund of knowledge which has surprised and delighted all who

have had an opportunity of conversing with him and of appreciating his

talents. Of his moral character I have given an instance, in the manner

in which he liberated his slaves. He is revered, not only for his

superior qualifications and talents, but also for the consideration and

attention he pays to the happiness and comfort of the people committed

to his charge.

Of the capacity of the Javans to improve, of their anxiety to advance

in civilization, and of the rapidity with which they receive knowledge

and instruction, an instance might be given in the case of the two

sons of the Regent of _Semárang, Kiái Adipáti Súra Adimangála_. This

Regent, who, next to the _Panambáhan_ of _Súmenap_, is the first in

rank as well as character, shortly after the establishment of the

British government on Java, sent his sons to Bengal, in order that

they might there receive an education superior to what they could

have had at home. They remained there for about two years under the

immediate protection and patronage of the late Earl of Minto, and on

their return not only conversed and wrote in the English language with

facility and correctness, but evinced considerable proficiency in every

branch of knowledge to which their attention has been directed. The

eldest, in particular, had made such progress in mathematics before he

quitted Calcutta, as to obtain a prize at a public examination, and

had acquired a general knowledge of the ancient and modern history of

Europe, particularly in that of Greece and Rome. He is remarked for his

graceful and polite manners, for the propriety of his conduct, and for

the quickness and correctness of his observation and judgment. As this

is the first instance that has been afforded of the capacity of the

Javan character to improve under an European education, it may enable

the reader to form some estimate of what that character was formerly in

more propitious times, and of what it may attain to hereafter under a

more beneficent government. Among all the English on Java, who have had

an opportunity of conversing with this young nobleman, there has not

been one who has hesitated to admit, that his mind, his qualifications,

and conduct, would be conspicuous among their own countrymen at the

same age, and that, as an accomplished gentleman, he was fitted for the

first societies of Europe. This young man, _Ráden Sáleh_, is now about

sixteen years of age, and when the British left Java was an assistant

to his father as Regent of _Semárang_.

[79] The following description of the office of a _Jáksa_, and of the

qualifications requisite for fulfilling his important duties, is taken

from the _Niti Prája_, a work already referred to.

"A _Jáksa_ must, in all cases, be impartial, to enable him to weigh all

causes which come before him with the same exactness as merchandize is

weighed in a scale, and nicely balance the equilibrium, nothing adding

or taking from either side.

"He must be above all bribery, either by words or money, and never

allow himself to be induced to commit an act of injustice; for were a

_Jáksa_ to commit an act of this kind, the consequences could not but

be highly injurious to the country.

"He must not accept presents of any kind from the parties whose cause

comes before him, not only because he cannot expect to derive advantage

therefrom, but also because the public will hold discourse concerning

him highly injurious to his reputation.

"All causes in dispute must be decided upon by him with the least

possible delay, according to law, and not kept long in suspense, to the

injury of the parties concerned, lest he be considered like a holy man,

who, for the sake of money, sacrifices his good name.

"A _Jáksa_ must inquire into every circumstance relating to the causes

brought before him, and duly investigate the evidence; after which he

must take the cause into consideration. He must not, in the least,

listen to what is false, and on all occasions must decide according to

truth.

"A _Jáksa_ who attends to all these points is of high repute. Of less

repute is a _Jáksa_ who, in the decision of causes which come before

him, listens to the advice of others: such a one is like that kind of

bird, which in order to procure for itself the necessary food, dives

under water, without thinking of the danger to which it is exposed of

losing its life from the want of air. But entirely unfit for employment

is a _Jáksa_ who is haughty in his demeanour, and at the same time low

enough to take advantage of persons who come before him: such a one

is like a bat, that in the dark steals the fruit from the trees; or

like a sportsman, who though destined to chase what is useful only,

indiscriminately destroys whatever comes in his way, whether useful or

not. In the same manner is it with a priest who every day attends at

the temple, for no other purpose but to make profit by it: or with a

writer, who knows not how to make any thing but by the prostitution of

his writings; or with the head man of a village, who imposes upon the

villagers; or a devotee, who gains his livelihood by necromancy."

[80] The following was the usual course of proceeding in _Jápara_, and

generally in the provinces subjected to European authority, previous to

the interference of the British government. The plaintiff went to the

_Jáksa_ and made his complaint. If the case was important, the _Jáksa_

took down the deposition in writing in the presence of witnesses,

summoned the accused, and communicated the deposition to him. The

latter then either acknowledged or denied the facts, witnesses were

examined, and the proceedings of the suit laid before the Regent, who

after perusal transmitted the same to the _Panghúlu_ for his advice,

with which the latter complied, referring at the same time for a

sentence to some of the collections on Mahomedan law. The Regent having

compared the sentence with the law and with equity, and finding the

same correspondent with both, judgment was pronounced by the _Jáksa_.

[81] See Appendix C.

[82] With the exception, perhaps, of the right of election, which

I have not seen noticed in any account of Continental India, the

constitution of the Javan village has a striking resemblance to that of

the Hindus, according to the following statement in the Fifth Report

of the House of Commons on Indian Affairs. "A village, geographically

considered, is a tract of country comprising some hundreds or thousands

of acres of arable and waste lands; politically viewed, it resembles

a corporation or township. Its proper establishment of officers and

servants consists of the following descriptions: the _Potail_ or head

inhabitant, who has generally the superintendance of the affairs of

the village, settles the disputes of the inhabitants, attends to the

police, and performs the duty of collecting the revenues within his

village, a duty which his personal influence and minute acquaintance

with the situation and concerns of the people render him the best

qualified to discharge. The _Kurnum_, who keeps the accounts of

cultivation, and registers every thing connected with it. The _Tallier_

and _Totie_, the duty of the former appearing to consist in a wider and

more enlarged sphere of action, in gaining information of crimes and

offences, and in escorting and protecting persons travelling from one

village to another; the province of the latter appearing to be more

immediately confined to the village, consisting among other duties

in guarding the crops and assisting in measuring them. The boundary

man, who preserves the limits of the village, or gives evidence

respecting them in cases of dispute. The superintendent of _tanks_

and water-courses, distributes the water therefrom for the purposes

of agriculture. The _Bramin_, who performs the village worship. The

schoolmaster, who is seen teaching the children in a village to read

and write in the sand. The calendar _Bramin_ or astrologer, &c.

"These officers and servants generally constitute the establishment of

a village; but in some parts of the country it is of less extent, some

of the duties and functions above described being united in the same

person: in others it exceeds the number of individuals which have been

described.

"Under this simple form of municipal government, the inhabitants of the

country have lived from time immemorial. The boundaries of the villages

have been but seldom altered; and though the villages themselves have

been sometimes injured, and even desolated by war, famine, and disease,

the same name, the same limits, the same interests, and even the same

families, have continued for ages. The inhabitants give themselves

no trouble about the breaking up and division of kingdoms; while the

village remains entire, they care not to what power it is transferred,

or to what sovereign it devolves; its internal economy remains

unchanged. The _Potail_ is still the head inhabitant, and still acts as

the petty judge and magistrate, and collector or renter of the village."

In examining the interior of a village on Java, we find that, in common

with the Hindu usage, it possesses a constitution within itself,

independent of the supreme governing power. Here, as in Western India,

it will be found that each village possesses its _Petíng'gi_ or chief;

its _Kabayan_, who is the deputy or assistant to the head of the

village; its _Kamituah_ or elders, generally men who have formerly been

chiefs of the village; its _Múdin_ or priest; its _Ulu-ulu_ or _Kapala

Bandang'an_, or superintendent of water-courses; its _Jeru-tulis_ or

writer, &c.

[83] See Report of Mr. Hopkins on the districts of Surabáya.

[84] See Report of Colonel Adams on Surabáya.

[85] Mr. Mc. Quoid. See his Report on the Districts of Japára and

Jawána.

[86] Appendix D.

[87] Among many others, the following enactments, which were in force

in some of the Eastern districts when the English arrived, will serve

to shew the barbarities of the law then existing, in its operation on

the people, and its leniency towards the great.

"Any person murdering his superior shall be beheaded, his body

quartered and given to the wild beasts, and his head stuck upon a

_bambu_.

"Any person disobeying his superior and attempting to murder him, may

be killed by the superior, without giving any intimation thereof to the

chief town.

"Any person daring to destroy any public advertisement promulgated by

government shall forfeit his right hand.

"A _Demáng_, or other chief of a _désa_, being acquainted with

any conspiracy tending to the injury of the state, and not giving

intimation thereof, shall be punished by losing one ear, his head shall

be shaved, and he shall be banished.

"Any person daring to offer violence to a priest in the mosque or among

the tombs shall forfeit one hand.

"If a woman kills a man she shall be fined 500 reals _batú_.

"If a superior kills an inferior he shall be fined 1000 doits.

"If a person puts out the eyes of another he shall be fined 500 reals

_batú_; if one eye only 50 reals."

There were also different fines for maiming different parts of the

body. "For cutting out the tongue, 500 reals; for knocking out the

teeth, 25; for breaking the thumb, 500; for breaking the finger, 100;

and the like." _See Collection of Native Laws at Banyuwangi._

[88] Appendix D.

[89] See Appendix D.

[90] The number required to compose the jury was fixed in conformity

with the ancient usages of the country, in which five persons are

considered necessary to assist in the deliberation upon any matter of

importance.

[91] In joining the battle it is usual for the warriors to shout, and

for the trumpets (_sarenen_), gongs, and drums used in the martial

music of the country to be sounded.

[92] The following verse from the _Níti Sástra Káwi_ may be adduced, in

further illustration of the notions entertained by the Javans regarding

the bravery of a soldier:

"The brave man who has been successful in war obtains his heart's

desire.

"The brave man who dies in war is received into heaven and cherished by

the _Widadaris_.

"If a man is cowardly in war and die, the keepers of hell seize upon

him in a rage:

"Should he not die, he is reprobated and despised by all good men, even

to his face."

[93] It is on these occasions that the parties frequently increase

their desperation by the use of opium.

[94] "As to their military character, it is certain," says Plutarch,

"they were able commanders, both by sea and land. But as the champions,

who in one day gain the garland, not only in wrestling, but in the

_pancration_, are not simply called victors, but by the custom of

the games, the _flowers of victory_; so Cymon, having crowned Greece

with two victories gained in one day, the one at land, the other at

sea, deserves some preference in the list of generals."--_Langhorne's

Plutarch: Cimon and Lucullus compared._

[95] Mr. Rothenbuller.

[96] This was the practice of the Europeans also.