Yearly allowance to the Resident at Japan,

consisting of 700 pikuls Copper, to be paid by

Government, at 25 R. Drs. each 17,500 --

Freight of Ships employed, 1,216 tons,

at 98 Sp. D. each 145,920 --

--------- 163,420 --

----------

Total Expense on Account of the Adventure 379,397 14

To balance in favour of the Voyage 507,147 24

----------

Total R. Drs. 886,544 38

----------

_Cr._

-----------------------------------------------------------------------

Amount Sale at Japan of the following Articles.--

Rix-Dollars. Rix-Dollars.

1,500,000 lbs. of Sugar, at 7 tahils the

120⅞ lbs. (each tahil being

equal to 40 Stivers)

amounting to 72,388 40

37,500 do. Tin, at 25 tahils

each pikul of 120⅞ lbs. 6,463 14

4,000 do. Cotton Thread, 25 do. 689 20

30,000 do. Black Pepper, 15 do. 3,102 18

30,000 do. Cloves 150 do. 31,023 36

2,987 do. Seed Cloves, 40 do. 823 34

30,000 do. Lead 10 do. 2,068 12

100,000 do. Sapan Wood, 5.5 do. 3,791 38

2,000 Pieces Patna Chintz,

2 tahils each piece 3,333 16

1,651½ do. Cloths in sorts 4,689 19

40 do. of Woollens of sorts, 90 tahils 3,000 --

82 do. of Long Ells of sorts, 30 do. 2,050 --

110 do. Perpetuans 25 do. 2,291 32

5,137 do. Camlets 4 do. 5,965 --

3,500 do. Ducatoons 2 5.2.5. do. 7,364 28

The Presents are calculated at 8,000 --

----------

R. Drs. 157,045 19

The surplus of the Trade calculated 3,333 16

----------

Making together 160,378 35

Where from must be deducted:

The Amount of Expenses and Disbursements at

Japan in one year, for the Establishment,

&c. and also the loss on the weight of the

Sugar 51,285 32

The Amount of Money and Merchandizes required

for making the journey to the Court of

Jeddo 16,666 32

----------

67,952 16

Remaining to be employed for the purchase of ----------

Copper and Camphor 92,426 19

Particulars as follows:

8,475 pieces of Copper, at tahils

12.3.5. each 87,221 32

200 do. Camphor, do.

21 do. 3,500 --

4,000 chests for Copper, do.

2.8.1.5.5 do. 1,146 32

200 bales for Camphor 180 --

2,525 planks for Dunnage, at tahils

18 each 100 378 3

----------

Amount as above to 92,426 19

----------

The above Copper, and that delivered by the

Resident being stamped into lumps,

amount to 933,369 38

Deduct Charges of the Mint 71,000 --

----------

Remain 862,369 38

The Amount of 200 pikuls Camphor, to be sold

at 36 Stivers per pound 24,175 --

----------

Total R. Drs. 886,544 38

----------

N.B. A considerable part of the profit above stated, ought properly to

be credited to the Mint, the whole of the copper received from Japan

being stamped into lumps, and introduced into the currency of Java at a

rate above its intrinsic value.

VOYAGE TO JAPAN (IN THE YEAR 1806) IN ACCOUNT CURRENT

CONTRA.

_Dr._

-----------------------------------------------------------------------

Rix Dollars.

To 1,269,679 lbs. of Sugar at 6½ Sp.D. per pikul 63,483 60

25,000 do. Tin 18 do. 3,600 --

102,000 do. Sapan Wood, 4½. do. 3,672 --

12,000 do. Cloves, first sort, 2 Rop. per lb. 11,250 --

5,087 do. do. second do. 2 do. 4,769 4

10,000 do. Pepper 11⅓ Sp.D. per pikul 906 48

100 do. Nutmegs 1⅞ per lb. 187 32

6,000 do. Cotton Thread 41¼ per pikul 1,980 --

6,082 Ells of Woollens 26,777 46

2,842 do. Kerseymeres 7,548 28

778 do. Plush 2,064 24

59 do. Fustians 963 48

35 do. Roselets 519 48

5 do. Durants 76 48

20 do. Carpets, English 44 24

1,812 do. Kerseys. 2,691 28

61 do. Morin. 996 24

4,900 do. Chintz, Bengal 10,048 24

590 do. do. Guzzerat 523 30

179 do. Cabayahs, Malabar 389 18

220 do. Palempores 462 50

20 do. Salempores 84 4

814 do. Fish Skins 540 10

96 lbs. of Saffron 2,459 8

122 do. Quicksilver 205 12

1,200 do. Spanish Liquorice 680 10

15,181 do. Catchu 2,705 61

2,143 do. Elephants' teeth 3,577 44

3,500 do. Ducatoons 4,593 48

Presents 2,082 24

House Expenses 2,525 --

----------

CHARGES AT BATAVIA. 161,008 62

To Godown, Prow and Cooley hire. 2,846 -- ----------

Customs, House Duties. 2,846 --

Freight of two Ships employed, at the rate of

100 Spanish Dollars per ton 99,532 32

To Charges, viz JAPAN. ---------- 105,224 32

Presents to the Emperor 3,800 --

Expenses conveying the same to the Roompot 7,000 --

Presents to the inferior Officers of the

Court 4,800 --

Annual Salary of the Company's Servants 1,345 --

Annual Table Expenses for do. 3,750 --

Expense landing and storing Cargo 3,036 --

Loss on the weighable Articles of the

Cargo, at five per cent 2,045 --

Commission on Cargo, 5 per cent. 7,143 --

Annual Rent of the Island occupied by the

Company's Servants 3,462 --

Annual Salary of the Japanese to guard the

said Island 1,480 --

Presents to the inferior Officers, to

procure permission of a further

exportation of Copper, 5,000 pikuls being

allowed only annually 716 --

Petty Charges 148 30

--------- 39,625 30

To 700 pikuls of Copper, at 18¾ Sp.D. per

pikul of 120⅞ lbs 13,125 --

7,820 pikuls of Copper, 12.3.5. tahils per do. 60,360 40

640 do. Camphor, at 18.4. tahils per do. 7,360 --

Bales 413 8

4,500 Chests for Copper 791 16

2,200 Planks for Dunnage 247 32

--------- 82,297 32

To Amount borrowed from the Treasury 5,428 --

To Balance in favour of the Voyage 175,505 34

----------

Total R. Drs. 569,089 62

----------

_Cr._

JAPAN.

Rix-Dollars

By sold

1,269,679 lbs. of Sugar, at 7 tahils

per 120¼ pieces 45,907 32

2,500 do. Tin 25 do. 3,226 32

102,000 do. Sapan Wood, 5.5. tahils per lb. 2,897 46

12,000 do. Cloves, first sort, 150 do. 9,297 32

5,087 do. do. second do. 40 do. 1,051 2

10,000 do. Pepper 15 do. 774 41

100 do. Nutmegs 100 do. 51 40

6,000 do. Cotton Thread 25 do. 774 50

6,082 Ells of Woollens, 7 per 2⅞ per pikul 9,255 --

2,842 do. Kerseymeres, 4.8. do. 2,960 --

778 do. Plush 6 do. 920 --

59 Pieces of Fustians, 3.2. per piece 118 --

35 do. Roselets of 2033¾ Ells.

1.6. per 2⅞ 677 32

5 do. Durants, 190¾ 1.2. do. 47 18

20 do. Carpets, English do. 20 --

90 do. Kerseys, at 18 tahils per pikul 1,012 32

6 do. Morin, 1.9.6 do. 76 --

4,900 do. Chintz, Bengal, 2. do. 6,125 --

590 do. do. Guzzerat, 1.4. 553 8

179 do. Cabayahs, Malabar, 1.9.4. 223 48

220 do Palempores 4.4. 618 40

20 do. Salempores 40 --

814 do. Fish Skins, 200 tahils 125 --

96 lbs. of Saffron 2,731 22

122 do. Quicksilver, 100 tahils

per 720⅞ lb. 62 32

1,200 do. Spanish Liquorice, 832 lb. 600 35

15,181 do. Catchu 30 do. 2,351 56

2,143 do. Elephants' Teeth, 230 do. 2,545 40

3,500 Pieces of Ducatoons, 8,836 tahils 5,522 32

Presents from the Emperor 2,812 32

Cash borrowed from the Imperial

Treasury to complete the Cargo 5,428 --

-------- 108,797 62

BATAVIA.

Amount Sales Copper

8,238¹⁰⁵⁄₁₂₅ Pikuls, say 50 Drs. per pikul

or 125 lb. 411,942 --

Amount Sales Camphor, at

40 Stivers per lb. 48,350 --

-----------

Total R. Drs. 569,089 62

-----------

VOYAGE TO JAPAN (IN THE YEAR 1813) IN ACCOUNT CURRENT

CONTRA.

_Dr._

Spanish Dollars.

To 1,836,270 lbs. of Soft Sugar 88,141 --

18,750 do. Black Pepper 1,960 74

164,000 do. Sapan Wood 750 --

34,349 do. Pig Lead 1,960 74

164,000 do. Sapan Wood 2,668 59

26,461 do. Roll do. 1,960 74

164,000 do. Sapan Wood 3,280 --

87,511 do. Tin, or 700.0.8 pikuls, at 17 per pikul 11,901 36

1,553 do. Elephants' Teeth 600 --

15,000 do. Cloves, at 100 per pikul 10,000 --

15,013½ do. Cotton Thread 4,804 --

514 Pieces of Thornback Skins 276 80

5,019 do. Patna Chintz 6,348 51

60 do. Coast Chintz fine 150 --

166 do. Printed Cottons 2,060 94

26 do. Cambrics 490 --

2,610 do. Surat Palampores 6,210 --

623 do. Silks in Sorts 2,926 50

225 do. Woollens in Sorts 10,916 58

298 do. Long Ells 4,078 84

231 do. Perpetuans 2,977 95

54 do. Camblets 1,400 69

3,500 do. Ducatoons 4,342 42

179,033 32

Paid the Chief of the Factory at Japan for 1,400 pikuls of

Copper delivered to Government 25,000 --

CHARGES.

Spanish Dollars.

Bags for the Sugar, Pepper and Cloves;

Casks, &c. &c. 6,252 --

Packing-cases 713 --

Coolies employed on board the Vessels and in

the Magazines, packing the Cargoes 2,082 50

Prows employed lading the Cargoes 1,200 --

Extra Clerks and Mandores 165 --

Several Articles on Account of the Adventure 168 8

Food for the Elephant and other Animals 268 80

Camphor and packing Cloths, &c. 109 --

Paid the Commissioners for landing the

Copper, &c. at Batavia 250 --

Prows employed landing the cargoes 600 --

Freight of the Ship Charlotte for nine

Months, at 6,600 per Month 59,400 --

Freight of the Ship Mary for eight Months,

at 6,000 Sicca Rupees per Month 22,909 10

---------

94,117 48

298,150 80

Balance in favour of the Voyage 43,975 20

Total Sp.D. 342,126 --

_Cr._

By Cargo brought from Japan, viz.

Spanish Dollars

902,452 lbs. of Japan Copper, at 31 per pikul 223,727 --

60,437 do. Camphor, at 50 Stivers 45,785 --

1,208 do. Pitch 600 --

670,112 --

Spanish Dollars.

Debts of the former Dutch Government paid to

the Emperor of Japan 48,648 --

Woollens, &c. remaining at Japan for the next

Year 15,000 --

Cash in the Treasury for do. 4,688 --

Advanced to the Commanders of the Vessels and

other Persons at Japan, to be repaid at

Batavia 3,678 --

----------

72,014 --

/

/

/

-----------

Total Sp.D. 342,126 --

-----------

FOOTNOTES:

[284] For the regulations by which the trade is limited, see Kempster's

History of Japan. VOL II.

[285] "We were obliged to submit to many insults, and it frequently

happened that the governors declined receiving our representations,

hinting that we might leave Japan altogether and not return again. From

the records also we perceive the despotic regulations resorted to by

the Japanese respecting our nation, in consequence of our having at

that time but little power in India."--_Imhoff._

[286] It is remarkable, that when the Dutch were formerly in the habit

of sending seven and eight ships to Japan, but few losses took place;

whereas afterwards, when only two or three were sent and the navigation

better known, many were lost. The cause assigned is their being

latterly overladen with private trade.

[287] "It is no where evident," says Mr. Imhoff, "that the Dutch ever

gave cause to the Japanese to hate them for being Christians: they seem

rather to have been accused of indifference towards their religion,

although I suppose that the writers on that subject are not altogether

correct."

[288] "Our peaceable conduct at Japan, and the alarm given to that

country by the Russians, plead greatly in our favour; and as it will

be impossible for them to find other Europeans more tractable than

ourselves, they can certainly have no reason to desire our departure

from thence, although it may be undeniable that Japan stands in no need

of foreigners."--_Imhoff._

[289] "In 1637 the Japanese Iron was purchased at two Spanish dollars,

and sold at Batavia for five and a half Spanish dollars the _pikul_. On

account of the smallness of the profit, an annual requisition was made

for one thousand _pikuls_ only."

[290] "From Japan was formerly exported timber, wheat, rice, ambergris,

raw-silk, cotton," &c.--_Imhoff._

[291] Wealth of Nations.

[292] Ibid.

[293] Humboldt's Political Essay on New Spain, Vol. I. page 45.

[294] "Our commercial relations with Japan are of very peculiar nature.

Every one knows ours is the only European nation admitted to it, what

humiliations we are obliged to suffer for it, and what expenses we

incur by our embassies to the court of _Jeddo_. This trade was once

very lucrative, but in the latter years I think it has done little more

than cover the expences incidental to it, and considering the loss of

ships and people, is certainly not such as to justify an exposure to so

many humiliations.

"Notwithstanding this, we have not been inclined to resign the trade;

nor indeed is it either necessary or prudent to do so. But I am at a

loss to know how the government of Batavia will be able to account for

sending there, in the years 1797 and 1798, a strange ship bearing an

American flag, by way of pretence, though really an English vessel,

and commanded by Captain Stuart, a real Englishman, though possessed

of an American pass, although he belonged to Madras or Bengal. To

abandon this trade would be ridiculous, but as it is subject to such

regulations in Japan as it will be hardly possible to get rid of, it

may be impracticable to make it quite free and open. To pursue it on

account of the state or of a company will never answer the purpose. I

therefore venture to propose the sale by public auction, to the highest

bidder, at Batavia, of a license or pass for one or two ships, of

limited burthen, to trade there, either for one or more years, as may

be preferred. The chief of Decima should be appointed and maintained

by the government, and should act as a kind of consul, and proceed on

the embassy to _Jeddo_, if it were required. But beyond this, the whole

system and regulation of the trade should be left wholly to the owners

of the ships, with the exception of such rules as the Japanese laws may

render necessary with regard to our trade.

"The yearly embassies, which are so very expensive, are already

dispensed with by the Japanese; and as they would be useful from time

to time, it might be advisable to obtain permission, for the future, to

perform them only once in every ten years, or to have it fixed for each

new resident or consul to undertake it once during his stay.

"It will not be easy to obtain any other privileges or freedom of

consequence, for whatever some of our latter servants there may have

wanted to make us believe on this point, it is very clear that the

Japanese are very indifferent whether we go there or not, and consider

their permitting us to do so merely as an indulgence on their part. It

cannot be doubted, that as soon as this trade is opened to individuals,

they will find means to make the profits of it worth the risk and

danger; and in proportion as these profits become more valuable, the

value of the licenses will increase."--_Hogendorp._

APPENDIX C.

TRANSLATION OF A MODERN VERSION OF THE SÚRIA ÁLEM

There was a certain raja of the west, named _Sáng Prábu Súria Alem_,

who, being duly qualified, did, in the establishment of divine justice,

frame a code of judicial regulations, consisting of fifteen hundred

and seven articles, which being afterwards digested and reduced to

the number of one hundred and forty-four, were by him made known and

explained to all the people of the countries under his authority,

thereby diffusing knowledge and righteousness where ignorance and

wickedness before prevailed.

These regulations were also firmly established, and were put into

practice without any respect of persons, not excepting the relations

and kindred of _Sáng Prábu_ himself; so that, if the left hand

offended, satisfaction was demanded by the right, and _vice versâ_ for

such is the law of God.

These judicial regulations originated in no ambitious views, nor was

their author, when he framed them, influenced by feelings of either

regard for his friends or hatred towards his enemies; neither was

he actuated by any selfish considerations: his sole object was the

establishment of true justice, founded on divine principles.

I.

_Of the Duty of the Jáksa._

In the first place, he must possess a sufficient knowledge of the law,

to know how to act in regard to cases which may come before him, which

of the parties ought to be made to pay, what are and what are not

proper subjects for a law-suit, deciding against the person who would

bring forward any thing of the latter description. If the _Jáksa_ is

found ignorant of these matters, he shall have his tongue cut out.

In the second place, if the _Jejénang_ (the next in order to the

_Jáksa_) shall, in acting for the _Jáksa_, prove deficient in a

knowledge of his duty, he too shall either have his tongue cut out,

lose both his ears, or have red-hot pincers applied to his lips.

In the third place, any incorrect statement in writing shall be

punished by the loss of both hands.

Should neither of these sentences be carried into effect, the _Jáksa_

ought, at all events, to be banished the country.

This punishment, however, may be mitigated by the _Rája_, who, having

compassion on the _Jáksa_, may recal him after one year's exile.

Should the _Rája_ suffer to pass unpunished such a total dereliction

of duty on the part of the _Jáksa_, as stated, difficulty and distress

will necessarily arise in those times.

II.

The establishment fixed by _Sáng Prábu_ for the _Jáksa_ consisted of

twelve persons, viz. two _Jejénangs_, two writers, six _Máta Mátas_,

and two men whose business is to be in constant attendance on the court.

The fees authorised to be taken by the _Jáksa_ from persons who have

any business to settle, are forty-four for the _Jáksa_ himself, three

thousand for the _Jejénangs_, eight thousand for the writers, one

thousand for those in attendance in the court, and eight thousand for

and on account of the state. That for the _Panghúlu_ is left to the

liberality of the party.

If the _Jáksa_ shall not conform in practice to what is here laid

down, it is required that he be disgraced and branded in the common

market-place.

If any one shall find fault with the conduct of the _Jáksa_, without

being able to substantiate his charges against him, and shall make

the same public, that person shall be fined agreeably to the rank and

quality of the accused, viz. fifteen thousand (_pichis_).[295] The

reason of so large a sum being awarded is, because the _Jáksa_ is the

chief of the _Mántris_.

The _Bopáti_ is, as it were, the door to the _Jáksa_, the _Kabáyan_

that to the _Bopáti_, and the _Panghúlu_ that to the _Raja_. These four

form a body, through which every thing is minutely investigated.

Let it be understood, that the Raja, who fills so exalted and

conspicuous a situation, is not without something to do. What he says

is the result of observation and deliberation. His disposition and way

of thinking is that which he has received at the hands of the Almighty,

who dwelleth where no one knoweth, at whose hands the wicked will meet

with their deserts.

III.

The _Tri-rása-upáya_, as known among men, comprehend three things,

which are intimately connected with each other, but which,

nevertheless, must not be confounded, viz. 1. _Húkum_; 2. _P'réntah_;

3. _Kasúsahan_[296].

Where a sentence is very severe, or of a nature which will not admit of

its being fulfilled, a mitigation or commutation thereof can only take

place, by a careful consultation of what is written in the book of laws.

IV.

_Of the Dása Wigúna._

_Dása_ signifies ten, and _wigúna_, very powerful, and under this

name is comprehended: 1. Sentence of death; 2. Amputation; 3.

Disgrace; 4. Confiscation of property; 5. Banishment; 6. Extorting

evidence by inflicting bodily pain; 7. Getting at evidence by kind

treatment and giving money; 8. Obtaining it by skilful management

alone; 9. Compulsion; 10. Letting off from punishment, by receiving a

consideration for the same.

There are degrees of those which are to be known and observed.

V.

_Of the Gúntur G'ni._

Under this head is comprehended five things, viz. 1. The customs of

the country; 2. The orders of the sovereign; 3. Loss by an enemy; 4. A

change of the Raja and of his orders; 5. Difficult queries given by one

country to another to solve.

Under the head _Mal_ come three things, viz. Water, land, and people.

The water is necessary to keep alive what has been planted in the land.

Mankind take all that comes, good as well as bad.

VI.

The term _mal_ properly means cloth, money, and gold; which three

articles, above all others, are the grand and most frequent subjects of

law-suits, that arise out of the various transactions which take place

among men.

VII.

In law-suits there are seven circumstances of material consequence,

viz. 1. Where the cause being good can be taken up and supported; 2.

When the articles can be minutely described; 3. When the articles, as

well as the persons, can be pointed out; 4. When marks can be shewn; 5.

When the party suing has been an eye-witness; 6. When all those things

happen to take place; 7. When confession is made of what is the subject

of the law-suit.

VIII.

_Of the Precious Stone, and that in which it is set._

To these may be compared the Raja and his people. The former is in

a dependant state. Those who surround him are the _Pandíta_, the

_Bopáti_, and the _Jáksa_: and those immediately entertained by himself

are, 1. One who possesses his confidence; 2. A _Jérutúlis_ skilled

in writing; 3. An interpreter well versed in language; 4. A good

messenger; 5. An intelligent doorkeeper; 6. A person who knows in what

a want of manners consists; 7. An experienced general.--Then will the

country flourish.

IX.

The _Jáksa_ is, according to his character, distinguished by the

following appellations, viz. _Wíra páksa_, when he inclines to the side

whence he receives most bribes; 2. _Pátra kilása_, when he goes by what

he is told, without duly weighing and considering the merits of the

case himself; 3. _Ami jáya_, when he punishes the guilty with severity;

4. _Permána_, when he awards the just sentence of the law as it is

written, without lenity or severity.

X.

There are three things which ought not to be allowed to exist in a

country, viz. 1. Witchcraft, particularly at critical junctures. The

fine to be imposed in such cases is forty thousand; and if any thing is

lost, it is to be laid to the charge of the persons who practise that

art.

2. Should the _Adipáti_ be the person, he shall be treated according

to the _Sábda suwára_, i. e. he shall be dismissed from his office,

and his officers and relatives will be considered as implicated in the

crime.

3. Should the _Mántris_ be found guilty of witchcraft, they shall be

fined one hundred thousand.

XI.

_Of the boundaries or Limits of Lands named Túgu._

By which is meant landmarks, such as stones, trees or fences, or

whatever else serves to form an enclosure.

This may and does often become a subject of litigation, especially

where any thing has been planted: 1. With respect to lands of

inheritance; 2. With respect to such as have been given away; 3. With

respect to those which have been purchased; 4. With respect to those in

which something has been planted.

Disputes arising on any of those subjects are proper to be litigated;

and in settling them, besides examining such witnesses as there may be,

it will be necessary to consult the old men of the village, as well as

the _Lúra_ who collects the annual land revenue, before a decision can

be given.

The true proprietor of a piece of land under dispute, will be he who

can prove his having enclosed it; and the true proprietor of any crop

will be he who can prove his having sown or planted it.

Proof is to be obtained by administering an oath, which is done by

immersion in water, or by drinking it.

XII.

He in whose hands is vested the power of administering justice, must

be well acquainted with the nature of the ten following things, and

know how to proceed in regard to them, viz. 1. Informations; 2. Grounds

for a law-suit; 3. The proper time for trial; 4. The occupation and

condition of the parties; 5. The object sought by the parties; 6. The

prosecution; 7. The defence; 8. Pleading not guilty; 9. Evidence; 10.

Eye-witnesses.

XIII.

A sufficiency of evidence alone will obtain a favourable decision;

and when the witnesses brought forward to prove any fact do not, upon

examination do so, the party who summoned them ought to be cast and

also fined.

XIV.

With regard to the _Páncha báka_, which is the case of a woman accused

by four men of fornication; if, on examination, these four men do not

agree in their testimony, they ought to be put to death, or else fined

agreeably to the _Jána trésna_, which leaves it to those who have

charge of the woman to determine the extent of the fine.

XV.

There are two descriptions of orders, viz. 1. _Purúsa_, or those which

come from the Raja or from an enemy; 3. _paparéntahan_, or those of the

_Bopáti_.

If the _Bopáti_ is more severe or more lenient than he ought to be, he

shall be fined one hundred thousand, or else agreeably to the _Sábda

suwára_, which is the arbitrary will of the Sovereign.

XVI.

The following are thirty different cases of law-suits, viz.

1. _Amra kádang_, where one who is accused of theft, points at either

another person or the accuser himself.

2. _Kundáng chíri_, where a person presents a paper to the court, with

something additional written under the signature and date of it.

3. _Meng'ámuk pung'gung_, where a person destroys his property while he

has a law-suit pending.

4. _Mutúng památang_, where a person, during the course of a law-suit,

leaves his master or chief and goes to another.

5. _Sána dénta_, where a person concerned in a law-suit either

magnifies or lessens the state of the case.

6. _Ng'árika Pátra_, where a person denies his own hand-writing.

7. _Nídra permána_, where a person, intending to kill another, goes and

lives on terms of intimacy with him.

8. _Dámar kitúdah_, where a person, on first making a complaint of his

own accord, brings evidence in support of it.

9. _Ngaríka wárna_, where a person has a law-suit, which another than

his own chief is acquainted with the merits of.

10. _Sírna ning jáya_, where a person objects to his own witnesses.

11. _Perlíga_, where a person finds a thing and does not take it to

some proper person where he lives.

12. _Génti wátang_, i. e. the case of a person who is the first to

bring evidence.

13. _Sudésit kemú_, i. e. a thing belonging to two persons and found

by a third; the point forthwith litigated, and decided in favour of

the former, each of whom hopes to get it: the thing, however, cannot

be restored to either, or to any of their relations; it must be

appropriated for the purpose of assisting in defraying the expenses of

the state.

14. _Sáksi rumémbi_, where a person first of all calls upon only one

person as a witness, and afterwards, when the cause is decided, wishes

to adduce further evidence.

15. _Sasástra perálara_, where a person presents a written statement of

his grievances without a date to it.

16. _Ang'ríka-rája_, where a person engaged in a law-suit speaks

hesitatingly, and at the same time refers to some respectable person

for the truth of what he would assert.

17. _Chini ropáti_, where a person acts in a compulsory manner towards

the people or relations of another.

18. _Kápra-lága_, where a person, in reply to a question put to him,

refers to one who is dead.

19. _Abíndu páya_, or the case of a breach of promise.

20. _Níleb lúra_, where the object of the law-suit is for the recovery

of duties, or any thing else a long time due.

21. _Madót ráketan_, when of two witnesses in favour of any litigating

party, one is not forthcoming at the time of trial.

22. _Sámbung wátan téper_, where a person prefers a complaint of a

specific nature, and afterwards superadds other circumstances.

23. _Ting'gal pergán_, where a person concerned in a law-suit remains

quiet and keeps himself back.

24. _Páncha perkása_, where those engaged in a law-suit display rage

and cunning.

25. _Anára wichána_, where before a case is decided, a constant

intercourse is held with the _Jáksa_ by one of the parties.

26. _Percháya-rasi_, where a person prosecuted before the court points

out the love and regard which some great man has for him.

27. _Katóya rasa_, where a person, while his case is pending, makes

presents to the _Jáksa_.

28. _Kasúria chándra miráda wachána_, where a person refuses to abide

by the sentence of the _Jáksa_.

29. _Katóya rása úpaya_, where a person, before his cause is decided,

makes a present of something to the Raja, the _Bopáti_, and _Panghúlu_.

30. _Kasábda malícha permána_, where a person denies what he has once

publicly declared.

With respect to the thirty foregoing cases, it will be for the _Jáksa_

to consider and determine when a law-suit can, and when it cannot, be

instituted.

XVII.

Here follow eight more cases, viz.

1. _Cupíta sábda permána_, where one of four persons engaged in

a law-suit, being deputed to act for the others, it appears, on

examination of the witnesses, that the affair cannot be settled with

this one person.

2. _Hanúk meng tan wíring wísa_, where a witness, on re-examination,

gives a different account from that which he gave when previously

examined by the _Jáksa_. In such case the _Jáksa_ must endeavour to

discover which is the most plausible account of the two.

3. _Kawílut tára_, where opposition takes place between the witnesses,

or between those whose cause it is, and others who have been

eye-witnesses of what is the subject of litigation.

4. _Bháning hanámpuh tóya_, where a person is assisted by one who is in

the administration of justice.

5. _Ng'ádang tárka_, where, on a trial taking place, the deposition of

a party differs from the account previously taken down by the _Jáksa_.

In this case, such party should be cast.

6. _Ng'áling'ga pandáya_, when one takes for witnesses worthless

persons who cannot be depended on or believed.

7. _Eluádi_, where a person changes, tears, or makes an erasure in any

paper.

8. _Kahústi sábda parláya_, where a person shamelessly makes free with

what belongs to another, who is neither a friend nor relation.

XVIII.

_Of cases where a Law-Suit cannot be instituted._

These are five in number, viz. 1. Where the evidence is not clear; 2.

Where an article which has been lost by one person is found in the

possession of another, who cannot tell whence he got it; 3. Where the

evidence of the witnesses produced by any party varies from that of

the parties themselves; 4. Where no evidence exists. In this case, the

party who can give the most plausible story will obtain a decision in

his favour; 5. Where the agent of another in any law-suit is cast.

XIX.

A law-suit will be instituted with success under any of the five

following circumstances, viz.

1. _Táta_, where the declarations of all those who support the suit are

uniform and connected.

2. _Títi_, when the time of the deed or action is known.

3. _Kárta_, where the object of the suit is universally allowed to be

good and just.

4. _Sang'ára_, where there is a readiness to swear to what is asserted.

5. _Dupára_, where probability and plausibility exist.

XX.

Of things sent by one person to another, and destroyed under

circumstances which admit of no redress, called _Páncha Sedrása_,

of which there are five cases, viz. 1. Where it is occasioned by

lightning; 2. When by the attack of an enemy; 3. By being sunk; 4. In

consequence of an order from the Raja; 5. By fire communicated from an

adjoining house.

XXI.

There are three things which, from their baneful nature, are

universally deprecated, and considered and treated as inimical to the

welfare of man, viz. 1. Theft; 2. The injury which crops are liable to

sustain from the depredations of noxious animals; 3. The mischief which

is to be apprehended under water, from crocodiles or the like.

XXII.

In a law-suit, the successful party obtains damages of the one that is

cast. As the agitation of the leaves marks the presence of the wind, so

does the stir and noise of contending parties shew the existence of a

law-suit.

XXIII.

There are two cases where it will go hard with any party, viz. 1. When

a mark or proof can be given, as well as evidence produced; 2. Where

in a violent dispute between two chiefs respecting the boundaries of

their lands, one of them is the first to bring weapons with him: such

a one must be found guilty, and will be cast. The fine to be levied,

in such case, will, according to the rank of the parties, be one of

the following: 1. _Utáma_, or that awarded to chiefs, viz. one hundred

and forty thousand; 2. _Díada madén_, or that awarded to those of an

inferior degree, viz. seventy thousand; 3. _Nésta_, or that awarded to

the common people, viz. forty-five thousand.

XXIV.

Sentence of guilt will be awarded to any party under the three

following circumstances.

1. _Cháya rásmi_, where advice has been received from the _Jáksa_.

2. _Príng'ga ráksa_, where the assistance of the officers of the court

has been received.

3. _Andría ráksa_, where a case which has been decided is revived

at the instance of the party that was cast, in consequence of other

people's advice. In such case, if the party which formerly gained the

suit fail to appear on the day appointed for a second trial, they shall

be cast; and in like manner will it be with the other party, if they

fail to attend. For such proceeding, however, the _Jáksa_ shall be

fined fifty thousand.

XXV.

1. _Wilút sábda bíksa masábda upáya_, where a person sues another

who is connected with the business of the suit, but who is not the

responsible person, and only from his being the more eligible person is

attacked on account of his means. In such case the prosecutor will lose

his cause.

2. _Sáka dípa_, where a person incurs the obligation of paying for any

thing he has lost or destroyed, and refuses to do so according to a

proper valuation which shall be fixed thereon. In such case he shall be

cast.

3. _Gándia páti_, where the _Jáksi_ is silenced in a discussion with

one of the parties who dispute a point with him. The _Jáksa_, in such

case, shall be found guilty, and fined forty thousand.

4. _Bháning máya permána_, i. e. if a thief, who is pursued, runs

into certain premises, by a gap in what serves to enclose them, the

proprietor thereof will be held responsible for one-third of the amount

stolen.

5. _Ng'ámbága páti_, i. e. a person having pursued, without effect, a

thief whom he had surprised in the act of stealing, and the tools of

the thief, which in his hurry to escape are left behind, are in the

meantime found in the house of any one, the owner of the house shall be

held guilty.

6. _Lukíta búkti_, i. e. the person in whose possession thieves' tools

shall be found, will be held guilty of any robbery which may, at the

time, have been committed.

7. _Síma mamángsa táta upáya_, i. e. where a person pursues a thief

into the premises of another, without acquainting him with the

circumstance. In such case guilt will be attached to the former.

8. _Gána léna ámit mángsá tan wéring káma_, i. e. when a malicious

combination is formed to accuse and prove guilty one who is an object

of hatred. The persons who so conspire shall be held guilty.

XXVI.

Of cases where a cause will be lost, there are twenty-five in number,

viz.

1. _Hína sáksi_, where the witnesses are worthless disreputable

persons.

2. _Hína sábda_, where a thing is lost, and the owner thereof does not

give information thereof to his chief.

3. _Hína klína_, where a person finds a thing and does not make it

known.

4. _Hína wang_, where a person whom another deputes to act for him, in

any law-suit, is deficient in what is required of him.

5. _Kagúndang sáksi_, where a witness produced by one party is the

declared enemy of the other.

6. _Hang'ímbu chína_, where a person who has been robbed gets hold of

the thieves' tools without making it known that he has done so.

7. _Ng'edong sáksi_, when a person brings false witnesses whom he has

suborned.

8. _Hakúto sáksi_, where the witnesses have been bribed.

9. _Hakádang sáksi_, i. e. where a person instructs his witnesses what

to say previous to their examination.

10. _Sábda laksána_, i. e. where a thing is stolen within certain

premises, and a person residing therein shall refuse to concern himself

about the matter. Such person shall be made to make good one-third of

the property lost.

11. _Hamátang bubúkan_, i. e. where a person makes one of his enemy's

people his agent. Such person shall be cast.

12. _Sídam wárut_, i. e. where persons concert in concealing an

unlawful pregnancy and in producing an abortion. Such persons shall

incur a fine of one hundred and fifty thousand each; the whole of the

people of the village where it took place shall each be fined fifty

thousand; and every person of the village opposite to it shall be

fined twenty-five thousand. All persons, too, who, though living at a

distance, are still under the authority of the chief of the village

when the thing happened, shall be each fined four thousand. A person of

great means shall be fined one million.

13. _Tatarápan raja pepáti_, i. e. if a person is found dead without

its being known how he came by his death, nothing can be done; and it

will rest with the Raja to cause the body to be disposed of in any

way he may deem proper. If a corrupted dead body, found in a certain

village, is first discovered by people of another village, the whole of

the persons belonging to the former shall be each fined fifty thousand.

Should those persons have endeavoured to conceal the dead body, they

shall each, in that case, be fined one hundred thousand. If it is in

a field where the dead body is discovered, and that by others than

the proprietors of the land, the fine to be imposed upon the latter

shall be one hundred thousand. If the dead body is first discovered

by a person of the village, and he immediately, by sounding an alarm,

summons all the people of that village to see and bear witness thereof;

and if those persons afterwards, on examination, deny the fact, the

whole of them shall be fined fifty thousand. The favourable testimony

of thirteen women, however, will get them off from the said fine.

14. _Ngépi g'ni_, i. e. a person is wounded and sounds the alarm: many

people quickly repair to the spot, but see no appearance of any one by

whom the wound could have been inflicted; presently is heard the sound

of another alarm, at a different place, by persons who declare they

have just wounded a thief who has escaped from them, producing at the

same time proof of the fact: in such case the person who first sounded

the alarm shall be considered the thief. If there is found a person who

has been wounded somewhere, but without its being known where or when,

and without there being any thing to lead to a suspicion of his being a

thief, nothing can be done to him.

15. _Ang'gús súra_, i. e. a wound having been proved to have been

inflicted by any party who has been prosecuted for the same, if the

skin only is broken, the fine to be imposed shall be four thousand. If

it is a flesh wound, the fine shall be eight thousand; if a bone be

broken or sinews cut, forty thousand: but if the injury done to the

wounded party be of such a nature as to deprive him of the means of

earning a livelihood, the offending party must, in that case, provide

for him.

16. If a person wounds a thief, and can shew marks of his having done

so (as a bloody weapon), and if it has been done in the presence of

many people, and it has been plainly seen whither the thief betook

himself, and an alarm is presently sounded in the place to which the

thief fled, and a person then declares he has just received a wound,

such person shall be accounted the thief.

17. _Wardáya chuménda_, i. e. if a person is observed to pass through

a village with thieves' tools in his possession, although nothing be

stolen, that person shall be accounted the thief.

18. _Artísi wádía dan dérma dénda_, i. e. the disputes of ministers

with ministers, priests with priests, and _pundíta_ with _pundíta_,

must be decided according to the _Wartárja sawung eng kerta_, i. e. by

taking into consideration their different dispositions and natures, as

well as their proneness to falsehood.

19. _Tríta chándrang guira raditia_, i. e. the law (in the

inflexibility and unchangeableness of its nature) resembles the sun,

moon, and water. Whoever acts in opposition to the law, must be found

guilty and punished accordingly.

20. If any person be courageous enough to seize or kill a thief, he

ought to receive a reward of four thousand. If the thief has a master,

the latter ought to be fined twenty-four thousand.

21. If a person enter a village at an improper hour, and is thrice

challenged without making any reply, he shall be considered as a thief.

A person skulking behind a door or fence, under similar circumstances,

shall be considered in the same light.

22. _Nóya résmi_, i. e. a respectable person who may endeavour to

screen a thief, shall be fined agreeably to the _untára_, viz. one

hundred thousand. If the delinquent is a person of the middle class, he

shall be fined eighty thousand; if a person of the lower orders, forty

thousand.

23. _Tri maláni nagára_ comprehends three things, which are inimical to

the welfare of a country, viz. 1. Corrupt judges; 2. Breach of promise

or agreement; 3. _Wígu wigúna_, i. e. Where the Raja, or others who are

in authority, inconsiderately decide or give hasty orders about any

thing, whereby much mischief never fails to follow.

24. This section is the work of the Púndita, _Pagáwan Chínde Guána_,

and contains seven articles, viz. 1. _Súria wíguna_, i. e. the Raja's

court is like the sun, whose refulgent rays spread in all directions

and penetrate through every thing. 2. _Anla súria kuntáka_, i. e. the

displeasure of the Raja in his court is like the heat of the sun, which

causes those who are exposed to it to faint away. 3. _Kasíla trésna

perláya_, i. e. when sentence of death is passed on any one by the

Raja in his court, it must be carried into effect, as in the case of

_Kadúrga sangúra_, where a person commits fornication or adultery with

any of the Raja's household; or _Kásu síla antúka_, where a person

forgets himself and wrangles in the court of the Raja; or _Kabérna

antáka_, where a fight takes place, by which death or severe wounds are

inflicted; or _Madáwang lúma_, i. e. where a person endeavours to ruin

another, by endeavouring to make him appear guilty; or _Ang'gu pála

sábda_, where a person, after receiving a distinct order from the Raja

himself, incurs blame by executing it in a different manner from what

he was told, in consequence of the advice of his chief; or _Jaladri

kaperchánda láwat dípa_, i. e. the effects of the Raja's displeasure

against any one cannot be transferred to another.

XXVII.

1. _Díndang karúban wáng_, i. e. the just and lawful revenues or

duties, and no more, must be levied.

2. _Gegér kapála_, i. e. where a person disregards the prohibitions of

the Raja.

3. _Gurníti gandarása_, i. e. several people are assembled together,

and one of them happens to lose something: whoever is the first to quit

the party, shall be considered guilty of having stolen it; and if there

is incontestible evidence of this, he shall be made to pay two-fold.

4. _Góra gétih ng'emúríris_, i. e. where an unqualified person decides

cases from his own knowledge of the manner of proceeding.

5. _Waráksa tapula_, i. e. no case ought to be settled but by a proper

and equitable decision.

6. _Yang'a ling'ga suria_, i. e. when a _Pundita_ does not shew the

accustomed respect to the Raja.

7. _Líman sangúra_, i. e. when a person mistakes the road he ought

to be put right, and not chastised for any trespass he may have made

unwittingly.

8. _Túnjung túmrap hing séla_, i. e. whoever shall give protection in

his house to fornicators or adulterers shall forfeit his property.

9. _Tírta kasúrung píka_, i. e. where the wise or skilled assist, with

their advice, those who live by fraud, when under a prosecution.

10. _Bermára máng'un líga_, i. e. where a person concerned in a

law-suit which has been brought forward, is in the habit of absenting

himself when his presence is required. Such person must be awarded

guilty.

11. _Dándang tumráping káyon_, i. e. a person from one place comes and

lays claim to another: the people of the latter all testify that the

claimant has no right or title to that spot or place. In such case, the

said claimant will be cast.

12. _Andáka katáwan wiása_, i. e. if a person engaged in a law-suit

shall abscond, from an apprehension of being cast, it will be even so

with him.

13. _Kídang lumáyu ating'gal suára_, i. e. every person must be held

responsible for crimes committed, or wrong done, by any one in their

service or employ.

14. _Hanio kána_, i. e. a servant or dependant of one person having

committed a fault, runs for protection to another, who, when applied

to, will not give him up. The person who affords such protection, if

prosecuted, will be cast.

15. _Hang ling'ga praláya_, i. e. a person who does not himself appear

before the court in his own behalf, but leaves his case to be managed

by the officers of the court, shall be cast.

16. _Símbar tumráping séla_, i. e. where the witnesses produced in any

case are persons unknown, and without any fixed place of residence, the

party who brings them shall be found guilty, or cast, as the case may

be.

XXVIII.

The situation and feelings of those in favour of whom sentence is

pronounced is _Tírta prábu táru láta_. _Tírta_ signifies water, the

qualities of which are clearness, and a disposition to proceed straight

forward, which nothing will check or overcome. Those who are thus like

unto water, let them be ever so humble and poor, shall not fail to be

successful in any cause in which they may be engaged. The lowly, who

are thus successful, shall have as much cause to rejoice as the rich

(_prábu_), who are the reverse, shall have to be depressed. The former

resemble a stately tree (_táru_), whose base and roots are great and

spreading, with fragrant blossoms and many creepers (_láta_) to entwine

and support it.

XXIX.

1. _Chándra kalamókan búda_, i. e. the situation or state of one

against whom sentence has been pronounced, however great he may be, is

like the moon when obscured by clouds: like her, his countenance is

overcast and gloomy.

2. _Anámon déria_, i. e. a person engaged in a law-suit, who shall

change his outward appearance, shall be cast.

3. _Pencháng'ga angudána_, i. e. if one of the wise shall, for the

purpose of invalidating the evidence of his adversaries, make any

alteration in the disposition of his house or premises, he shall, on

conviction thereof, be condemned.

4. _Andáka penjang'ga amóyong_, i. e. one of the wise who has

instituted a suit, and becoming himself sick at the time appointed for

trial, shall fail to make known whether he wishes the business to be

settled or postponed, shall lose his suit.

5. _Andáka kitíran_, i. e. if such party shall fail to appear when

summoned, he will be cast, even should he be otherwise in the right.

6. _Ambáli múka amigantáka_, i. e. a person who, taking the law into

his own hands, shall seize the property of another, in payment of a

debt due to him, shall be held responsible for the same.

7. _Síti tínab'la_, i. e. if a person, in search of any thing he has

lost, shall enter a different village to that to which he belongs,

without giving due notice to the chief thereof, he shall be held

responsible for any misdeed which may at the time have been committed,

and if any thing important, he shall be made to pay two-fold.

8. _Ang'rika máya_, i. e. a person who, being in company with a thief,

receives a hurt or injury from persons while in the act of apprehending

him, cannot obtain redress.

9. _Kabrána páti_, i. e. a person who accuses another, and is himself

the more guilty of the two, shall be condemned.

10. _Pátra laksána amáng'un satmáta_, i. e. a person who, in order to

get something which is not his own, shall alter what is written in any

paper, must be condemned.

11. _Kabáli súra_, i. e. a person who superadds in court something

which he urges with violence, shall be condemned.

12. _Kitíran múng'gen káyon_, i. e. one person sends another to demand

payment of a debt which is disavowed, a law-suit ensuing, if he who

sent the other to demand payment has no other evidence to produce but

that person, he shall be cast.

13. _Mántra káchung táka_, i. e. if a person engaged in a law-suit

produces, for the second time, before the court, a paper which, on

examination, appears to be written in a different hand from what it was

before, although the purport, in both cases, be exactly the same, the

person who produced such paper shall be cast.

14. _Sangnága amamángsa tanpa taláwang áng'aleákan térka_, i. e. a

person, such as a _Mántri_ or _Bopáti_, deputes another to act for him

in a law-suit: the person so deputed has no authority to produce of his

having been so. If the cause is lost, the person who deputed the other

cannot bring it forward again.

15. _Kaputung'an pikúlan_, i. e. if the witnesses of a person engaged

in a law-suit shall leave him and go to his adversary, the former shall

be cast.

16. _Prája kobáli múrda_, i. e. when the circumstances of a case

which one person brings forward are contradicted by those who have an

opportunity of knowing them, the former shall be condemned.

17. _Bermara amri sari_, i. e. if a person to whom another is indebted

shall, on the supposition of inability to discharge the debt, proceed

to seize the property of that other, without previously demanding

payment of the debt, he shall be cast.

18. _Síma amot amamángsa tanwir ring báya_, i. e. a person in office,

who exceeds his authority, ought to be condemned.

19. _Krúwang lindúng'an perwát_, i. e. if person whose cause is good,

and whose evidence is complete and satisfactory, shall insist upon a

severe punishment against his adversary, he shall be cast.

20. _Gabus boten ng'lem_, i. e. when stolen goods are discovered, the

Raja ought to cause them to be restored to whom they belong.

21. _Guwáta Samirána_, i. e. those who conceal the wife or children of

another, ought to be put to death by order of the Raja.

22. _Súlung alebu dían_, i. e. if the relations of one whose guilt is

manifest, shall apply to have the punishment awarded transferred to a

substitute, they shall be condemned.

23. _Apátra ina percháya_, i. e. a person obtains permission from

the Raja to proceed against another, and afterwards, from some

consideration, neglects to do so, while that other, in the meantime,

appears before the Raja and declares his innocence of what is alleged

against him, stating that, if he were guilty, his chief would not

have failed to bring him forward: in such case, the former shall be

condemned.

24. _Perwáta brámantára_, i. e. if a person is found guilty of

circulating false reports, or of magnifying any piece of intelligence,

so as to create a great alarm in the country, and put all the people in

a ferment, he shall be fined four hundred and four thousand.

* * * * *

ABSTRACT _of some of the_ LAWS _which, according to the tradition

of the Javans, were in force against the inhabitants, previous to

the supposed arrival of Aji Saka_.

(Collected by MR. MIDDLEKOOP.)

OATHS

Were administered by repeating certain words after the Priest,

accompanied by a motion of the head and body, the hands being folded.

ORDINARY FINES

Were levied according to the following gradations:--

tahil.[297]

When a subordinate or petty chief, who had people under him,

committed a crime, the fine was 5

The eldest son of a prince 5

The son of a chief 2½

A Prince or _Raden_ without employment 1½

A _Menak_ or _Rang'ga_ holding a public office and

transacting public duty 5

A _Menak_ or _Rang'ga_ restricted from the performance

of public duty 1½

A _Menak_ or _Rang'ga_ who administered a small tract

of country 1

Children of a chief _Rang'ga_ or _Menak_ 2½

An ambassador (ordinary) of a prince or principal chief 2½

An ambassador extraordinary 1½

Children of the above 1

A male subject 1½

A female subject 1

Persons having forfeited their right of liberty through misdemeanors,

and thus become dependant upon another, pay fifty _pichis_.

All the above fines might be paid in money, goods, gold, silver,

horses, buffaloes, and other necessary articles.

THEFT AND ROBBERY.

A free subject having committed a robbery, he was delivered up (on

detection) to the chief or tribunal of the place to which he belonged;

and if unwilling to restore the stolen goods, or unable to pay the

value, he was to be delivered over to the person whom he had robbed,

and made to serve him as a bondsman: but no claim whatever was enforced

upon the wife or children, who did not, on this account, forfeit their

liberty. It was, however, lawful to deprive a thief of his life when

caught in the act.

When a robbery was committed by a person in a state of servitude, the

proprietor of such person's services was bound to pay the value of the

stolen property, or to deliver the person over to the injured party;

but on being caught in the fact, and the thief being put to death, the

proprietor was no further liable.

Robberies having been committed in the day time, were punished by a

fine or by servitude.

If one or more stolen buffaloes were killed in or near a village, and

sufficient proof thereof adduced by the owner, the village people were

condemned to pay the value of such stolen cattle, unless they produced

the thief or thieves.

HOMICIDE AND MURDER.

A free person who killed a male dependant, was punished by a fine of

two and a half _tahils_: one who killed a female dependant was fined

three and a half _tahils_.

If in an affray between two free persons the one killed the other, and

the offender was seized in the act, he could be put to death by the

relations or friends of the deceased; but if he succeeded in taking

refuge with the head of a village, he was only liable to a fine of five

_tahils_ if the deceased was a male, and three and a half _tahils_ if a

female.

When a prince, chief, or petty chief, was murdered by one of his

subjects, the party was punished by death, for having killed his

superior.

But a prince or head chief had the right to deprive his subjects of

their lives whenever he chose, though, when one of their sons, either

a _Menak_, _Rang'ga_, or other chief, put to death a free person or

dependant, he was bound to pay to the friends or master of the deceased

two and a half _tahils_, besides a fine for a male person five, and

for a female three and three quarters _tahils_. These persons were not

liable to be put to death, although caught in the fact.

In case, however, that a prince or chief caused to be put to death a

dependant who was not guilty of any offence for which he deserved such

punishment, the prince or chief was bound to make good half of the

estimated value of the deceased's property, beside being condemned to

servitude, and a fine of ten _tahils_.

_Amok_ being cried, it was lawful for every one to destroy such as ran

_amok_; but in the event of its being a false alarm, and any one was

killed by the crowd, the person that exclaimed _amok_ was liable to be

fined.

In a crowd or assemblage of people, if a dispute ran so high that

one party was killed in the affray, and lay dead on the ground, the

offending party was exempt from fine, but punished by the prince

according to the circumstances of the case.

ADULTERY.

A man having received information that his wife had committed adultery,

was restricted from believing it, even if he was told by credible

persons, unless he found her in the act; he might then deprive her of

life. If she escaped, however, and concealed herself among her friends

and neighbours, it was not lawful to put her to death; but on complaint

being made by her husband, she was prosecuted and punished according to

the circumstances of the case.

A man found guilty of adultery was liable to a fine of ten _tahils_,

and the woman to the same. Being unable to discharge the sum, they

were transferred to the servitude of another, who was willing to pay

the amount of the fine, which was then given to the husband of the

adulteress.

An adulteress causing her husband to be put to death was also to suffer

death.

A man having run away with the wife of another, on her being seized by

her husband at their abode, both parties could be put to death; but if

they were not discovered for a length of time, during which they kept

themselves quiet and had begotten children, the adulterer was only

liable to pay, as well for himself as for the woman, a fine of ten

_tahils_. He was, however, bound to forfeit the half of the children

so begotten for the benefit of the lawful husband, to whom they were

transferred in servitude.

DIVORCE.

Lawfully married persons wishing to separate from each other, each

retook the property brought at the marriage, and an equal division was

made of what had been gained since the marriage. This included the

children; the eldest was always to remain with the mother, the second

with the father. After the separation on the decease of either, the

whole effects were to be taken possession of by those children who, at

the separation, had come to the share of the deceased; but they were

also obliged to pay the debts of the deceased, whatever the same might

amount to. When the number of children was unequal, the odd one was to

fall to the share of the wife; but such as were imperfect or deformed

were excluded from the division, and maintained by both parties.

FOOTNOTES:

[295] _Pichis_, a small tin coin.

[296] 1. _Hukum_, the law of God; 2. _P'rentah_, the law of the

sovereign; 3. _Susahan_, oppression (of the people from the law of the

prince).

[297] The money here alluded to is the coin of _Palembang_,

subsequently introduced by _Raden Patah_, in consequence of his

connexion with _Palembang_. Rice appears to have been the principal

medium of exchange previously to this period. The _pichis_ is a small

tin coin, of which two hundred make a _wang_, and twenty-eight _wangs_

are equal in value to a Spanish dollar.

APPENDIX, D.

PROCLAMATION.

For the satisfaction of the inhabitants and people of Java, the

following provisions are made public, in testimony of the sincere

disposition of the British government to promote their prosperity

and welfare. The refusal of their late government to treat for their

interests, although disabled by the events of war from affording them

any further protection, has rendered the consequent establishment of

the British authority unconditional. But an English government does not

require the articles of a capitulation to impose those duties which are

prompted by a sense of justice and a beneficent disposition. The people

of Java are exhorted to consider their new connection with England as

founded on principles of mutual advantage, and to be conducted in a

spirit of kindness and affection.

Providence has brought to them a protecting and benevolent government;

they will cheerfully perform the reciprocal duties of allegiance and

attachment.

1. His Majesty's subjects in Java will be entitled to the same general

privileges as are enjoyed by the natural-born subjects of Great Britain

in India, subject to such regulations as now exist, or may hereafter

be provided, respecting residence in any of the Honourable Company's

territories.

2. They will have the same privilege and freedom of trade to and with

all countries to the east of the Cape of Good Hope, and also with His

Majesty's European dominions, as are possessed by natural-born subjects

of Great Britain.

3. Dutch gentlemen will be eligible to all offices of trust, and will

enjoy the confidence of government, according to their respective

characters, conduct, and talents, in common with British-born subjects.

4. The vexatious system of monopoly, which is understood to have

heretofore prevailed, in some instances to an oppressive and

inconvenient extent, will be revised, and a more beneficial and politic

principle of administration win be taken into consideration as soon,

and to such extent, as full information on the subject can be obtained,

as established usage and habit may admit, and as may be consistent with

a due regard to the health and morals of the people.

5. The Dutch laws will remain provisionally in force, under the

modifications which will be hereinafter expressed, until the pleasure

of the supreme authorities in England shall be known; and it is

conceived that no material alteration therein is to be apprehended.

The modifications to be now adopted are the following:

First. Neither torture nor mutilation shall make part of any sentence

to be pronounced against criminals.

Secondly. When a British-born subject is convicted of any offence,

no punishment shall be awarded against him, more severe than would

be inflicted by the laws of England for the same crime. And in case

of doubt concerning the penalty by English law, reference shall be

made to the Honourable the Recorder of Prince of Wales' Island, whose

report shall be a sufficient warrant for awarding the penalty stated

by him to be agreeable to the laws of England. No sentence against

any British-born subject, for any crime or misdemeanor, shall be

carried into execution, until a report shall have been made to the

lieutenant-governor.

Thirdly. No sentence of death against any person whatever shall be

carried into execution, until report shall have been made to the

lieutenant-governor.

Fourthly. The lieutenant-governor will have the power of remitting,

moderating, or confirming, all penalties; excepting inconsiderable

fines, short imprisonment, or slight corporal punishment.

Fifthly. British-born subjects shall be amenable to the jurisdiction

of the Dutch tribunals, and to the Dutch laws in all cases of civil

complaint or demands, whether they be plaintiffs or defendants.

Sixthly. All British-born subjects shall be subject to the regulations

of police, and to the jurisdiction of the magistrates charged with the

execution thereof, and with the maintenance of the peace and of public

tranquillity and security.

Seventhly. All persons belonging to or attached to the army, who are

by their condition subject to military law, shall, for the present, be

tried for any crimes they may commit only by courts-martial, unless

sent by the military authorities to civil courts.

Eighthly. It being necessary in all countries that a power should exist

of forming regulations in the nature of legislative provisions, adapted

to change of circumstances, or to meet any emergency that may arise,

and the great distance of the British authorities in Europe rendering

it expedient that the said power should, for the present, reside in

some accessible quarter, it is declared, that the lieutenant-governor

shall have full power and authority to pass such legislative

regulations, as, on deliberation, and after due consultation and

advice, may appear to him indispensably necessary, and that they shall

have the full force of law. But the same shall be immediately reported

to the governor-general in council in Bengal, together with the

lieutenant-governor's reasons for passing the said regulation, and any

representations that may have been submitted to him against the same;

and the regulations so passed will be confirmed or disallowed by the

governor-general in council with the shortest possible delay. The mode

in which the lieutenant-governor shall be assisted with advice will

hereafter be made known, and such regulations will hereafter be framed

as may be thought more conducive to the prompt, pure, and impartial

administration of justice, civil and criminal.

Regulations respecting the paper currency, as well as the relative

value of coins circulating in Java, will be published in a separate

paper of this date.

Done at Molenvliet, the 11th September, 1811.

By His Excellency the Governor-General of British India.

(_Signed_) MINTO.

REGULATION, A.D. 1814, PASSED BY THE HON. THE LIEUTENANT-GOVERNOR

IN COUNCIL, _On the 11th of February, 1814_, FOR THE MORE EFFECTUAL

ADMINISTRATION OF JUSTICE IN THE PROVINCIAL COURTS OF JAVA.

The Honourable the Lieutenant Governor in Council being deeply

impressed with the necessity of framing one adequate, impartial,

and consistent code, for the prompt and equitable administration of

justice, in the provincial courts of this island, with a view to give

to all ranks of people a due knowledge of their rights and duties,

and to ensure to them an enjoyment of the most perfect security of

person and property, has been pleased that the following regulation be

enacted; which, by assuming as its basis, rather the ancient usages

and institutions of the Javans, than any new innovations founded on

European systems of internal government, may confidently be expected

to be, at once the most pleasing to them, and the best adapted to the

existing state of their society.

1. The Resident shall be the Chief Judge and Magistrate in his

districts; but the administration of police and justice, in the towns

of Batavia, _Semárang_, and _Surabáya_, shall, as heretofore, be

entrusted to the particular Magistrates and other officers appointed by

government for those places.

2. The _Bopátis_, or chiefs of districts, and all other public

officers, who may be retained to carry on the duties of this

department, are placed under the immediate authority and control of the

Resident himself, or of his Deputy duly empowered by him. These various

duties, whether relative or direct, will be clearly defined in the

course of the following sections.

3. To render more easy the attainment of justice, and to carry on

better the general police of the country, a subordinate jurisdiction

shall be constituted in the following manner.

4. The Residency shall be divided into such number of districts, as

extent of land, population, former custom, or other circumstances may

render necessary. Each of these shall be consigned to the care of a

_Bopáti_, or native chief, with such an establishment, as being deemed

by the Resident adequate to the purpose, and by him submitted to

government, shall have received their sanction.

5. These districts, again, shall be subdivided into divisions, the

extent and limits of each of which will be clearly marked out and made

known. Their size must, of course, entirely depend on the greater

or less propinquity of the villages they contain, and on the more or

less numerous population by which these are inhabited; but, generally

speaking, no division shall be less than ten, or more than twenty,

square miles in extent. It must also be observed, that the limits of

the division follow those of the villages; it being quite contrary to

a system of good police, that inhabitants of the same place should be

subject to different authorities.

6. In each division there shall be fixed a station of police, to which

shall be appointed a competent officer, with such number of inferior

_Mántris_, _Peons_, &c. as shall be deemed necessary for the execution

of the various duties allotted to his office, and the due maintenance

of the tranquillity of his division.

7. In each village there shall be a Head-man (whether recognized

under the name of _Penting'gi_, _Bakal_, _Lurah_, _Kuwu_, _Mandor_,

or otherwise, according to the custom of the country), to be freely

elected by the inhabitants of the village itself from among themselves;

the only requisites on the part of government being, that he actually

reside and hold land in it. Should any of these be found unfit to carry

on their respective duties, or other good objection arise to their

being continued in the posts they hold, a representation to such effect

will be made by the Resident to the villagers, who will accordingly

proceed to the nomination of some other person, who, if approved of by

the Resident, shall then receive his confirmation.

8. These Head-men shall, in every respect, be considered as the

representatives of the villages, and shall be held responsible for all

such acts committed within them, as fall justly under that controlling

and preventive power vested in them by their fellow-inhabitants.

9. This mode of election and consequent power, it must be observed, are

no new introductions, but subsist in immemorial usage, and their nature

and limits are well understood by the Javans throughout the island.

10. The Heads of villages will receive and carry into execution all

such orders as government, either directly by the Resident, or through

the medium of the _Bopátis_ and officers of divisions, may be pleased

to issue to them; and they will furnish, at all times, such oral or

written information as may be required from them.

11. The care of the police, in their respective villages, shall be

entrusted to their charge; and for the due preservation of peace, the

prevention of offences, and the discovery and arrest of offenders,

they are required to be particularly careful that a sufficient night

watch be regularly maintained. For this purpose they are authorized

to require each of the male inhabitants to take his turn in the

performance of this duty; and, at any time, to call on all to aid in

the pursuit and apprehension of offenders, or to execute generally any

of the other duties that may occur.

12. The Heads of villages will also be held responsible for the amount

of all property belonging to travellers, which may be lost within their

villages, provided, however, that the same shall have been placed

under their charge; and they are required to take charge of all

travellers' property which may be brought to them for that purpose.

13. They are directed to keep a register of all persons under their

authority, describing the name, age, country, occupation, size, and

appearance of each individual, with any other remarks that may be

deemed necessary. They will also, with the assistance of the village

priest, form a register of the births, marriages, and deaths, which

occur within their jurisdiction.

14. These will be drawn up every six months, according to forms to be

furnished to them by the Resident. A copy of each will be retained in

the village, and another will be forwarded to the police officer of the

station, to be kept by him as records, and to furnish the grounds of

such reports as he may be called on to give in.

15. Whenever a stranger arrives for the purpose of settling in a

village, or any one of its former inhabitants absconds, the head of it

is required to furnish immediately to the officer of the division a

detailed account of the particulars relative to either circumstance,

who will accordingly take such measures for the apprehension or pursuit

of either, or forward such intelligence to his superiors, as the case

may require.

16. Any person producing the express permission of the Resident, shall

be allowed to settle in a village; but without this, or unless he can

procure two respectable inhabitants to become securities for his good

behaviour, he shall not be permitted to do so.

17. As well heads of villages as officers of divisions are required to

keep a watchful eye upon all new settlers, to ascertain, if possible,

their several characters, from their former places of abode; and to

observe, most particularly, the conduct of such individuals as have

no ostensible means of earning a livelihood. They will, too, follow

vigilantly the motions of armed persons, preventing them, as much as

they can, from travelling together in large bodies; and, as far as may

be practicable, they ought to hinder individuals of every description,

but most especially such as are armed with spears, swords, &c. from

travelling at all after eight o'clock at night.

18. After this hour they are authorised to stop, and detain in their

custody till the next morning, all such persons as may, by having with

them more than usual property, or in any other way, justly give grounds

for suspicion. But on a summary examination, should nothing further

appear against them, they must, on no account, keep them detained

beyond eight o'clock the next morning; nor ought detention at all to

take place, if the account they first give of themselves be deemed

satisfactory.

19. Should any thing further appear against them by complaint or

otherwise, they will then be proceeded with as with other accused

persons, relative to whom directions will be given in a subsequent

section.

20. In the above case only, it is competent to the officers of police

to apprehend any person of their own authority, unless detected in

the actual perpetration of crime; or to release any person once

apprehended.

21. It having been represented, that though when the inhabitants are

settled in one place, in habitations contiguous to each other, the

duty of the head of a village becomes easy of execution, yet that it

is extremely difficult for him to perform it adequately, when, from

caprice or other cause, any of its members are allowed to leave the

main part, or _désa_, to go and reside in lonely and remote spots,

forming thereby small settlements of two or three cottages only

together, termed _dukus_, which being necessarily, from their distance,

without the guard of night watches, &c. must frequently become liable

to be attacked and plundered, or more often, perhaps, from the absence

of all controul, will themselves form the resort and shelter of robbers

and other abandoned characters; and, on the other hand, it not being

wished to repress too much this out-settling, as by the creation of new

villages (which must owe their formation to such small beginnings),

a great part of the land, at present waste, may be brought into

cultivation; it is ordered, that the following be the line of conduct

to be observed in these cases.

22. The head of a village shall, in every instance, report to the

officer of division when such an out-settlement takes place; who

shall then proceed to the spot, and forming a committee of three

heads of villages (not to include the one in which the circumstance

occurred) shall judge whether or not it be expedient, for the benefit

of agriculture, to permit its continuance, and measures shall be taken

accordingly. If the new settlement be allowed to remain, a vigilant eye

must be kept over its infant state, both by the officer of division

and head of the neighbouring village; and when it shall have grown

to a size that may admit of this, it ought to be separated from the

authority of the mother village, and a similar constitution be bestowed

on it.

23. It is the duty of heads of villages, generally, to preserve

tranquillity, as far as their authority extends, to obey zealously the

orders of their superiors, to furnish every useful information, and,

in short, to contribute all in their power to the establishment and

preservation of a good state of police.

24. Their rewards for this will be a certain portion of land in each

village, and the favouring eye and protection of government.

25. The police officers of divisions are to be considered as

immediately under the authority of the _Bopátis_. They will furnish to

these all such accounts, reports, &c. as may be required, and will act

always on the orders received from them, or, of course, directly from

the Resident himself.

26. To the _Bopátis_, or chiefs of districts, they will forward

every six months abstract accounts of births, marriages, and deaths

which have occurred in their division, and of the general state of

cultivation and population, with such remarks accompanying them as may

seem requisite.

27. Of these and other papers forms will be furnished them, and they

will prepare them from the general account obtained from heads of

villages, whom they will, at any time, require to supply them with such

further information as may be deemed necessary.

28. On every Saturday they will give in to the _Bopáti_, or chief of

the district, a detailed statement of the occurrences of the preceding

week, the crimes committed, offenders apprehended, number of new

settlers, their employment, from whence arrived, what individuals have

emigrated, causes of emigration, and, in short, whatever has happened

out of the common track of occurrences.

29. The officers of divisions shall be held responsible for the due

administration of the police within their respective jurisdictions;

and to enable them better to execute their assigned duties, the heads

of villages are placed immediately under their authority. They shall

accordingly be watchful that these vigilantly and zealously perform

such services as may be allotted to their situation; and they shall

report fully to the _Bopáti_ of the district, on the conduct of any

heads of villages who may prove neglectful of their charge, or in any

way appear remiss in the execution of the duties entrusted to them.

30. They shall, on no account, exert their police authority in any

undue interference with the collection of the revenues, that being

considered a distinct department, to which they will only render their

assistance when called upon under the distinct rules laid down in

another Regulation for the guidance of their conduct in it; here only

it is considered that they are to lend their aid at such times, and in

such manner, as may be expressly pointed out to them in orders from

their superiors. But they are at all times, on a regular application

being made to them by the inferior officers of revenue, to take

charge of, and give effectual escort to, treasure passing from or

through their divisions; and after receipt of the same, they will be

held responsible for it until such treasure shall have been by them

delivered to the next constituted authority.

31. The _peons_, and other inferior servants attached to their offices,

shall, of course, be employed in the serving summonses, apprehending

offenders, giving escort, and in other regular duties; but when not

in any way thus engaged, they shall, as leisure admits, be sent to

make the rounds of the division; acquiring, by this means, not only

competent information of all that is transacted within it, but serving

also, by this occasional and uncertain visitation, materially to

prevent the undertaking of nefarious acts.

32. As before observed, the officers of divisions, and those

subordinate to them, shall only, of their own authority, apprehend such

persons as are taken actually in the commission of crime. They are

never empowered to seize others (with the exception of those mentioned

in Section 18 of this Regulation) but when a written order for that

purpose has been received from their superiors, or when a regular

charge of an original nature has been given in against them by any

respectable individual.

33. In these cases, they will take suitable measures for the

apprehension and securing of the persons complained of; and when once

apprehended, they will, on no account of their own authority, again

liberate them.

34. Should the persons have been so arrested in consequence of orders

received to that effect, the officers of divisions will, in forwarding

them to their destinations, be careful to observe such instructions as

they may have received on the subject.

35. But should the prisoners have been apprehended on complaints, or

other proceedings originating in the division itself, they will, on

their arrival at the police station, cause to be written a clear and

summary statement of the offence alleged, and of the facts in the

case which have come under their observation, whether witnessed by

themselves, or borne testimony to by any persons present.

36. They will then, with this statement accompanying, forward under a

sufficient guard the prisoner or prisoners, together with the persons

complaining or aggrieved, and the witnesses of the facts, towards the

chief town of the district where the _Bopáti_ resides.

37. Under no pretence whatsoever, shall any persons be detained at the

police station longer than twenty-four hours after their arrest.

38. Should the division in which the arrest has taken place be not

that in which the chief town of the district is situated, the officers

of it shall make over the charge of persons and papers to the police

officers of the division next in the way; and, in similar manner, they

shall be forwarded on from station to station, to the chief town of the

district, or from thence to the principal seat of the residency.

39. In this transmission, the officers of divisions will take

particular care that as little delay as possible occur; any unnecessary

infringement on the personal liberty of the subject, being that of

which this government will ever be most jealous.

40. Whenever a human body is found dead, of which it is not certainly

known that the death was natural, or even though such illness precede

it as might be considered as possibly the cause, should any suspicious

circumstances or appearances attend the death, it will become the duty

of the head of the village in which this may occur, to take cognizance

of the fact; and ordering it so that every thing remain in the state

first found, he shall report the circumstances, without delay, to the

officer of the division, who will immediately appoint a commission of

three heads of villages, assisted by himself or officers, to proceed

to the actual spot where the body lies, and there make due inquiry

into every particular that may serve to elucidate the affair. For this

purpose, such evidence will be taken as may, in any way, be thought to

bear on the subject.

41. When the investigation is completed, the persons appointed for the

inquest shall deliver to the officer of division a statement of what

they have done, seen, or heard, and annex to it the opinion they have

finally formed of the manner of death, or degree of guilt any where

attaching.

42. The officer of division shall forward this statement, without

delay, to the superior authorities; from whom, in return, he will

receive instructions.

43. But should any degree of guilt be imputed, in the opinion expressed

by the commissioners acting on this inquest, the officer of division

shall, without loss of time, proceed to apprehend the suspected person

or persons, and take such other measures upon that opinion, as he

would, had a complaint to the same effect been regularly lodged.

44. As it is most necessary that the cultivators of the soil, and other

industrious inhabitants of a village, should not, on every frivolous

or inconsiderable occasion, be taken away from their labours to attend

a distant seat of justice, where, even though it be more equitably

and impartially administered, the benefit of this is, in many cases,

quite counterbalanced by the loss of time and expenses of the journey

and suit,--it is ordered, that there be a subordinate jurisdiction

constituted, by means of which the distribution of justice will be

rendered far more easy to the governing power, and the acquisition of

redress will be presented to every one aggrieved, with the greatest

facility, and the least possible expense of money or time.

45. The heads of villages are required to look on themselves, and

to act with regard to the persons under their controul, as fathers

of families; to maintain, to the extent of their power, a spirit of

harmony and tranquillity in the villages entrusted to them; to curb

every approach to feud and litigation; and, with the aid of their

officers, to interpose their authority in settling, with justice

and impartiality, all such petty quarrels as may arise among the

inhabitants.

46. Should, however, the dispute be of sufficient magnitude to entitle

it to higher consideration, courts are regularly established to which

it may be referred.

47. The officers of division shall, at least once a week, or oftener,

attend in some open place at the station of police, with their

_mantris_, or other subordinate servants, for the purpose of inquiring

into and deciding on all such complaints as may be given in to them,

for petty offences committed within their divisions, as abusive

language and inconsiderable assaults or affrays.

48. These, if satisfactorily proved, they shall be authorized to

punish, by fine not exceeding ten rupees, of which fine the one-half

shall be given to the individual or individuals aggrieved, the other be

carried to the account of government.

49. They shall also be empowered to hear and determine on all such

petty civil cases as may be referred to them, provided the amount at

issue exceed not the sum of twenty rupees.

50. And further, they shall investigate the trifling disputes that

may be brought before them about trespass, nuisance, the irregular

distribution of water, encroachment on boundaries, and other such minor

grievances of usual occurrence in villages.

51. Whether civil or criminal, they shall not, in any case, be

authorized to arrest or imprison.

52. But the complaint having been given in, the person complained

of, if not present, shall be summoned to appear by the next day of

sitting, when the cause shall be heard and decided on without delay. In

failure of attendance on the part of the plaintiff, the case shall be

dismissed; on the part of the defendant, the cause shall be proceeded

with _ex parte_. The sentence, whatever it may be, shall be carried

into execution, by means of the authority vested in the heads of

villages.

53. Should any persons refuse to obey their award, they shall be

committed for trial before the Resident, who will not only cause the

original sentence to be carried into execution, but, at his discretion,

order a punishment suited to their contumacy.

54. An appeal may be made in the usual manner, in civil cases, from

the officer of the Division's Court to that of the _Bopáti_ at the

chief town of the district; and any complaint for unjust or arbitrary

proceeding, on the part of the subordinate police officers, will

likewise be received there.

55. Of every proceeding of this court a regular record shall be kept;

one copy to remain at the police station, and another to be forwarded

to the chief of the district.

56. A fee of half a rupee from each party shall be levied prior to

hearing the cause, to be divided among the officers of police; and ten

per cent. on the amount of the sentence in civil cases is, according to

the custom of the country, to be taken from the loser of the suit, to

be carried to the account of government.

57. The officers of divisions will be held fully responsible for a

zealous and conscientious discharge of the important duties entrusted

to them, and shall meet with exemplary punishment, in the case of any

negligence or corruption being established against them.

58. To the _Bopátis_, or heads of districts, is consigned the general

superintendance and care of their respective districts. But as these

high officers must frequently be required to attend at the place where

the Resident himself lives, that their districts may not suffer any

inconvenience from their absence, they are empowered to delegate their

full authority to their deputies, or _Pátehs_, who shall preside in

their courts, and issue and receive orders, in every respect, like

themselves.

59. They shall, every six months, furnish to the Resident abstract

accounts of the state of cultivation and population within their

districts, according to forms which will be given to them, and

accompanied with such remarks as may suggest themselves.

60. On every Monday morning they shall deliver to the Resident a

detailed statement of the proceedings of the foregoing week, containing

an account of new settlers, persons emigrated, offences committed,

offenders apprehended, and in short, of every thing remarkable.

61. The heads of districts shall receive all orders directly from

the Resident, and take due measures for carrying them into immediate

execution. The officers of divisions, heads of villages, and all other

police servants within the district, are placed immediately under their

control; and they will most vigilantly watch over the conduct of them,

reporting instantly to the Resident every instance of negligence or

crime that may fall under their observation.

62. They will be open to receive complaints or petitions of every

description; reporting and issuing the necessary orders on them

without delay.

63. In forwarding persons apprehended within their districts to the

seat of the residency, they will be particularly careful that the least

practicable delay occur; no prisoner, on any account, being detained

by them, of their own authority, for a longer space of time than

twenty-four hours.

64. In forwarding persons, papers, or treasure, they will observe the

mode prescribed in Section 38 of this Regulation.

65. On the receipt of an inquest report from the officers of divisions,

it shall be submitted to the chief _Jáksa_ and _Panghulu_ of the

district for their opinion, and on this opinion the necessary measures

shall be taken.

66. At the chief town of each district a regular court shall be

established, in which the _Bopáti_ or, in his absence, the _Páteh_,

shall preside, assisted by the _Jáksa_, _Panghulu_, and other law

officers appointed.

67. This court shall be held in some open spot in the town, at least

twice a week, or oftener, if necessary.

68. Its authority shall, however, be confined entirely to civil

matters; all cognizance of criminal cases, beyond that already allotted

to the officers of divisions, being vested solely in the court where

the Resident himself presides.

69. In the _Bopáti's_ court shall be received appeals from those of the

officers of divisions, on institution of which the appellants shall pay

a fee of one rupee.

70. Before deciding on these causes, the record of the former trial

shall be read, and such new evidence taken as may be produced.

71. If the former sentence be reversed, the costs which shall have been

kept in deposit shall be refunded to the appellant, and levied from the

other party.

72. And in confirming it, an enhancement of these costs is left to the

discretion of the court; provided, however, the whole never exceed

fifteen per cent. on the sum originally sued for.

73. A second appeal to any other authority shall, in no instance, be

permitted.

74. The _Bopáti's_ court shall be competent to receive complaints in

civil cases, where the amount at issue is not less than twenty, nor

exceeds fifty, rupees.

75. This complaint being filed, a copy of it shall be sent to the

person complained of, with an order to answer it at most within a week;

and, on receipt of this answer, notice shall be given on what day (at

farthest a week from the time of the receipt) the cause will be tried.

Such witnesses as are necessary will be summoned; and, on the day

prescribed, the complaint and answer being read, and evidence being

taken, the court shall give its decision.

76. In failure of the complainant's appearance, the cause shall be

dismissed; and on the part of the defendant, if he give not in his

answer as required, or appear not when summoned, the case shall be

proceeded with, and sentence given on _ex parte_ evidence.

77. The _Bopáti_, or his deputy, shall require the _Jáksa_ and

_Panghulu_ to assist him with their advice throughout the trial, and

to expound the law where it is not sufficiently clear. Should their

opinions concur with that of the president of the court, he shall pass

his decision, and carry it into execution without further delay; but

when their opinions are at variance with his, he shall, previously to

pronouncing sentence, refer the case, with the several reasons detailed

which have influenced each opinion, to the Resident, who shall consult

with the chief _Jáksa_ and _Panghulu_ of the residency, and return his

orders on the subject.

78. A fee of one rupee shall be taken from each party, on giving in the

complaint and answer; and ten per cent. on the amount of the sentence

shall be levied from the loser of the suit. The fees to be divided

among the officers of the court, and the costs to be carried to the

account of government.

79. All proceedings are to be carefully noted down, and preserved as

records. One copy to be kept in the archives of the _Bopáti_, and

another to be forwarded to the Resident.

80. An appeal, in causes originating in this court, shall lie to that

of the Resident; provided notice of the appeal being intended to be

made, be given in on the day of trial, and the appeal itself be made

within a week after.

81. In this case the costs shall, nevertheless, be immediately levied,

and held in deposit till the appeal be decided on. Sufficient security

shall also be given for the amount of the sentence.

82. Moreover, on the first institution of all civil cases, in this

and every other court, good security must be taken for the amount of

possible costs, both from the complainant and person complained of.

83. The _Bopáti_ will be held responsible for the faithful and just

discharge of these his high duties. To him does government look,

not only for the vigilant administration of police, and impartial

distribution of justice throughout his district, but for the zealous

execution of every measure that can at all conduce to the preserving

that district in a flourishing and happy state.

84. The duties attached to the office of Resident itself are fully

explained in the general instructions given to that officer on his

first entering into his situation. In this regulation only such parts

of the charge committed to him will be dwelled on, as belong properly

to the judicial department of his service, to his deliberative and

executive powers as chief judge and magistrate of the province.

85. As, however, the due exertion of these powers may require a much

larger portion of time than can be possibly devoted to them by a single

individual, and more particularly, as much of his attention must be

directed to other objects, he is empowered to delegate their full

participation to his deputy or assistant, whether in presiding in his

court, or in issuing and receiving such orders and instructions as the

government of his residency may render necessary.

86. The several Residents, and their deputies or assistants, previously

to entering upon the execution of the duties of their office, shall

take and subscribe the following oath before the Honourable the

Lieutenant-governor in Council, or such person as he may appoint to

administer the same.

"I,----, solemnly swear that I will truly and faithfully execute the

duties of my office; that I will administer justice to the best of my

ability, knowledge, and judgment, without fear, favour, promise, or

hope of reward; and that I will not receive, directly or indirectly,

any present, either in money or in effects of any kind, from any party

in any suit or prosecution, or from any person whomsoever, on account

of any suit, prosecution, or other legal proceeding to be instituted,

or which may be depending, or have been decided, in any court under my

jurisdiction; nor will I, directly or indirectly, derive any profits

from my station, except such as the orders of government do or may

authorize me to receive.--So help me God."

87. The presidents of other subordinate courts shall take and subscribe

before the Resident, oaths of a similar nature and form, to be

administered by the priests, according to the custom of the country.

88. The _Jáksas_ and _Panghulus_ shall likewise be required to take and

subscribe an oath in the following form:

"I, ----, _Jáksa_ (or _Panghulu_), do solemnly swear, that I will

faithfully execute the office entrusted to me; I will answer truly to

the questions put to me in writing, or by word of mouth, by any judge

of the courts to which I belong, declaring or writing down freely,

without fear or partiality, what is the written acknowledged law or

local long established usage; and I will declare or give in writing

nothing that is not warranted by the law or custom. And I promise and

swear not to accept of any consideration, in money or otherwise, for

any opinion or declaration of the law or custom I may deliver, as

_Jáksa_ (or _Panghulu_) of any court."

89. In the sixth clause of the Proclamation by government, dated 21st

January, 1812, provision was made for the establishment of a Landrost's

court; but, in the present state of circumstances, government deeming

it advisable that a considerable extension of the powers vested in that

court should be given, for the more prompt and effectual administration

of justice, it is ordered, that the following sections be considered

as an enlargement and modification of that clause, and that in lieu of

the landraad therein appointed, there be constituted a court, to be in

future called the Resident's.

90. This court shall be composed in the following manner. The Resident

or his assistant shall sit in it as sole judge or magistrate. The

_Bopátis_ of the several districts, or their deputies, shall attend to

assist the Resident, through every stage of the proceedings, with their

advice, or with such information as he may require. The head _Jáksa_

and _Panghulu_ shall be in waiting to expound, where necessary, the

law, to state the local usage, and to take down notes of the evidence.

The _Jáksa_ of that district in which any crime has been committed,

shall be the public prosecutor, where no private one appears. The other

native officers shall be such as have been used heretofore to compose

courts of this nature.

91. This court shall be held at least twice in every week, or oftener

if necessary, in the _Passerban_, or Residency public court-room, for

the purpose of hearing complaints of every description that may be

brought before it, of examining into all offences reported to have been

committed, and trying all causes, whether civil or criminal, that occur

in the Residency; with the exception only of those that will, in a

subsequent section, be pointed out, as belonging to another and higher

authority, the Court of Circuit.

92. The court shall be held open from the hour of ten in the fore to

that of three in the afternoon.

93. For greater precision, the court days may be fixed to the Monday

and Thursday of every week. It is, however, left to the Resident

to alter these days of sitting, whenever he may deem that there is

sufficient reason for so doing, observing, in such cases, to give

public notice of the intended change at least one court day preceding

it.

94. The chief _Jáksa_, who will have the custody of all persons

apprehended and brought into the town until regularly committed to

gaol, shall immediately, on opening the court, present to the Resident

a list of such prisoners as have been confided to his care since the

last court day, stating from whence they came, what the nature of

the offence alleged against them, the names of the witnesses brought

to prove it, and other necessary information connected with their

apprehension.

95. The Resident shall then commence on the investigation of the cases,

ordering in each that the report of the officer of division, and

original complaint, be first read, and proceeding afterwards to the

examination of the witnesses.

96. Should it appear to the Resident that there is not sufficient

evidence against the accused, and should the complainant not be able to

adduce any further, the prisoner shall be immediately released out of

custody.

97. But should the complainant state that he can produce more

witnesses, he shall be required to enter into a penalty-bond for

their appearance on a given day (that day to be as little distant as

possible, nor, if practicable, to exceed a week from the time of this

first examination), and the prisoner shall, in this case, be admitted

to bail, provided the offence be of a bailable nature.

98. If the offence charged against him be one that does not admit of

bail being taken, the Resident shall sign a warrant to the gaoler, to

receive and hold him in safe custody until he shall be discharged by

due course of law.

99. On the second examination, should the innocence of the prisoner

appear sufficiently clear, he shall be forthwith released; but should,

on either the first or second day of inquiry, such presumption of guilt

be established, as to render necessary a regular trial, the prisoner

shall stand fully committed for it, and be remanded to gaol, there to

remain until that day of trial arrive.

100. If the crime imputed to him be murder, treason, gang-robbery, or

any other for which the sentence may amount to death, the Resident

shall not himself proceed further in the case, but commit him to

prison, to take his trial before the Court of Circuit, of which more

shall be said hereafter.

101. Should the offence with which he is charged be one of any less

magnitude than capital, the Resident shall, in ordering him to jail,

notify to the prisoner on what day his trial shall come on before

himself. That day must not, without some good and sufficient reason, to

be reported to government, exceed the distance of a week from the day

of his commitment to prison.

102. On the day of trial, the prisoner being brought up, the former

proceedings shall be read, and the witnesses again examined, and such

further evidence, on the part of the prosecution, be taken as may be

necessary. The prisoner shall then be called on for his defence, and

the witnesses adduced by him be heard and examined.

103. The Resident shall finally sum up the evidence, and stating the

reasons that have influenced his opinion, and the law of the case,

pronounce sentence accordingly.

104. In these, and all other cases, whether civil or criminal, which

come, before him, the Resident shall be guided in his decisions by the

existing native laws, and ancient customs of the island; provided the

same be not decidedly at variance with the universal and acknowledged

principles of natural justice.

105. In every instance where the opinions of the _Panghulu_ and

_Jáksa_ are in accord with the judgment of the Resident, and in which

the punishment fixed to the crime does not amount to imprisonment or

transportation for life, the sentence of the Resident shall be final,

and be immediately carried into execution.

106. But whenever the opinions of the _Panghulu_ and _Jáksa_ shall be

in opposition to that of the Resident, or in which the punishment of

the crime shall amount to imprisonment or transportation for life, all

the proceedings shall be immediately transmitted to government, with

the Resident's statement of the reasons and regulations on which he has

formed his opinion; but he shall delay the pronouncing sentence, until

the approval of the Honourable the Lieutenant-Governor shall have been

obtained.

107. In all cases whatever of trial before this court, the Resident

shall transmit to government, in English, a statement of the offence

charged against the prisoner, the substance of the evidence on the

prosecution and defence, the law of the case as it exists in the

regulations of government, or in the written or customary laws of

the island, and the particular reason on which he has formed his

own opinion. The _Jáksa_ and _Panghulu_ are required to take notes

of the evidence, and to state their respective opinions on the case

in the vernacular language; which document, signed by them, shall

be transmitted to government by the Resident, together with his own

statement of the case.

108. The civil jurisdiction of this court shall be constituted as

follows:

109. It shall be competent to receive original complaints of every

description, and to try such appeals as may be made to it from the

decisions of the _Bopáti's_ court.

110. On receipt of this complaint, if the amount at issue exceed not

twenty rupees, the Resident, at his pleasure, may refer it to be

inquired into and tried by the court of the officer of the division

in which the matter complained of occurred; or should the amount be

not above fifty rupees, he may make it over to the authority of the

_Bopáti's_ court of that district in which the subject at issue has

originated. But all complaints which concern a sum of money exceeding

this, must be tried only by the Resident's court.

111. It is also competent to this court alone to take cognizance of any

suits, however trivial the amount at issue, which may be considered as

involving in them any of the rights of government.

112. In trying appeals from the _Bopáti's_ courts, after reading the

proceedings on the former trial, and re-examining such old, or hearing

such new evidence as may be adduced, the judgment which shall then be

passed shall be considered as final.

113. In reversing the former decree, the appellant shall have refunded

to him the costs which have been kept in deposit, and these shall

be then levied from the other party; but if confirming the former

judgment, it shall be left to the discretion of the Resident to enhance

those costs as he may think fit; provided, however, that the whole sum

do not exceed fifteen per cent. on the amount of the sentence.

114. The appellant, on the institution of the suit, shall pay such fees

as are customary in the institution of original suits; but the other

party shall not be charged with any fees whatever.

115. When an original complaint is given in, it shall be filed, on a

fee of one rupee being paid, and sufficient security given for the

possible amount of costs.

116. A copy of this shall then be sent to the person or persons

complained of, who shall be required, within a certain given time, not

to exceed a fortnight, to send in the answer; at which time they will

also pay a fee of one rupee, and give good security for the amount of

possible costs.

117. On receipt of this reply, a day shall be appointed for the trial

of the cause, notice of which shall be given to each of the parties;

and both they and such others, witnesses or accessaries, as may be

necessary, shall be summoned to attend on that day. The cause shall

then come to a regular hearing, and be decided on, according to the

mode already laid down for the inferior courts.

118. On the decision of the suit, a fee of two rupees from the gainer,

and of one from the loser of it, shall be received; and costs, at

the rate of ten per cent. on the amount of the sentence, being the

custom of the country, shall be levied from the party against whom the

decision has been given.

119. In all causes originating in the Resident's court, an appeal shall

be permitted to the Honourable the Lieutenant-Governor; provided that

notice of such intention be given on the day of trial, that the costs

be lodged in court, and sufficient security offered for the amount of

the sentence, or that amount be paid in, to be kept in deposit until

the appeal shall have been determined on.

120. Appeals from the Resident's decisions are limited to the space of

one month from the day of trial.

121. The Honourable the Lieutenant-governor will, of course, after due

investigation, alter, reverse, or confirm the former sentence, with

remission or enhancement of costs, as to him shall seem best.

122. Whenever the two parties in a civil suit, in any stage of it

previous to the decree, shall give in to any of the courts an agreement

signed by both, stating that they are willing that all further judicial

proceedings in the case be dropped, as being satisfied with what

has already passed, or mutually content to settle whatever further

is requisite between themselves, or by the arbitration of friends,

the court shall place this paper among their records, and cause the

proceedings in such suit to be immediately closed.

123. In these cases, half costs, or five per cent, only on the amount

of the suit, shall be levied. Of this the two parties shall pay an

equal share, or two and a half per cent each, with a fee also of a

rupee each to the court.

124. All fees will be divided among the officers of the court, and

all costs be carried to the account of government, for the purpose of

defraying the expenses to which they are put in the establishment of

these courts.

125. The same attention shall be paid to the opinions of the _Jáksa_

and _Panghulu_ in civil as in criminal cases; namely, that when at

variance with that of the Resident, reference shall be made to the

Honourable the Lieutenant-Governor, accompanied by the detailed

statements, and the decision only carried into execution when his

instructions, in reply, shall have been received.

126. A record of each trial shall be kept in the archives of the court,

consisting of the original complaint, the reply to it, a statement of

the proceedings that ensued, and the judge's final decision.

127. Copies of any of these shall be given to any one who may apply for

them, on the payment of half a rupee for each paper.

128. Registers shall be framed from these records, one in English and

one in the vernacular language (of course separate ones for civil and

criminal matters), stating the charges, names of parties, of witnesses,

nature of evidence, sentence passed, &c. according to forms to be

furnished to the Resident; and of these, one copy shall be kept in the

court, and another shall be transmitted, before the 5th of every month,

to the Honourable the Lieutenant-governor.

129. A register shall also be framed, and sent at the same time, of

all persons apprehended, but afterwards released, stating their names,

crimes imputed to them, nature of evidence for and against, and reasons

for releasing them.

130. Quarterly reports shall likewise be furnished by the Resident of

the general state of the districts entrusted to his care; and every

six months abstract accounts must be forwarded of the increase or

decrease of population, the general condition of the cultivation,

number of new settlers and persons emigrated, and generally of whatever

relates to the details of his administration, with such remarks and

comments as he may deem necessary.

131. In summoning persons to attend his court, he shall have a certain

regard to the loss or inconvenience those persons may sustain in being

taken away from their usual employments or duties. The cultivator of

the soil, in particular, is not unnecessarily to be brought from his

fields; and, in many cases, a slight delay of trial may be better than

causing the industrious inhabitant to lose the fruits of his labour by

attendance at court, when harvest, or other rural duty, demands his

presence and entire attention. This, however, is an evil that cannot

always be guarded against; but it ought to be so, to the extent of the

Resident's power, and as far as the satisfying the more important ends

of justice will admit of.

132. As an additional check to its occurrence, a discretionary power

is vested in the Resident, of punishing by fine the complainant in

such suits as may, in the opinion of the Resident, be satisfactorily

established to have owed its origin to grounds merely vexatious, and

this fine will of course be given to the person who has suffered by the

process.

The History of Java, v. 1-2 · 第 26 / 29 章