Chapter VI (2)

The Island of Java appears at different times to have been divided into states of greater or smaller extent. History informs us, that it was at one period under the sway of one principal chief, and at others subject to two or more. In the former case, the provinces into which it was divided were administered, as they are still, by subordinate and delegated governors; and in the latter, many of them composed independent sovereignties. In all these cases, the form of government and the privileges of the people were the same; the only difference between a state co-extensive with the Island, and one limited to a few districts, consisting in the different extent of territory or number of subjects at command. In looking at the map, the divisions of the Island now under European dominion, and those under the native princes, can easily be traced. Bantam (the sultan of which surrendered his rights to the British government for a pension of a few thousand dollars), and Chéribon, an extensive province to the eastward of Batavia, enjoyed till lately a nominal independence; but the only great native power on Java, till the establishment of _Yúg'ya-kerta_ about sixty years ago, was that of the _Susuhúnan_, or as he is termed, the Emperor of Java; and a slight sketch of his government, of the maxims by which it is regulated, and the officers it employs, will be sufficient for my present purpose.

The sovereign is termed either _Susuhúnan_ or Sultan, both denominations adopted since the establishment of Mahomedanism: the titles previously employed were _Kiaí Gedé_, _Prábu_, _Browijáya_, &c. as will be perceived on reference to the list of Hindu princes in the historical details. The line of succession to the throne is from father to son, but the rights of primogeniture are not always allowed or observed. If there is no direct descent, the claims of collateral branches of the reigning dynasty are settled by no law or uniform custom. Females have sometimes held offices of power, but have never occupied the throne since the establishment of Mahomedanism. The chiefs of districts and the heads of villages are sometimes women; in that case widows continued in the office of their deceased husbands.

The government is in principle a pure unmixed despotism; but there are customs of the country of which the people are very tenacious, and which the sovereign seldom invades. His subjects have no rights of liberty of person or property: his breath can raise the humblest individual from the dust to the highest distinction, or wither the honours of the most exalted. There is no hereditary rank, nothing to oppose his will. Not only honours, posts, and distinctions, depend upon his pleasure, but all the landed property of his dominions remains at his disposal, and may, together with its cultivators, be parcelled out by his order among the officers of his household, the members of his family, the ministers of his pleasures, or the useful servants of the state. Every officer is paid by grants of land, or by a power to receive from the peasantry a certain proportion of the produce of certain villages or districts.

When a sovereign enjoys unlimited power, he generally in eastern countries surrenders it for ease and pleasure, and his servant, under the name of Vizier or some other title, becomes the despot. The highest executive officer or prime minister in the Javan government is called _Ráden Adipáti_: he usually rules the country while his master is satisfied with flattery, with pomp, and the seraglio. He is intrusted with power so great, as even, in particular cases, to extend to the royal family. All communications to and from the sovereign are made through him: he receives all reports from different parts of the country, and issues all orders. The power and importance of this office has, however, naturally lessened of late years, since the European government has assumed the right of nominating the person who shall fill it: the sovereign naturally reposes less confidence in a prime minister so nominated than in one of his own choice; and if he does not take an active part himself in the politics of his court, he is generally under the influence of an ambitious member of his own family, by which means the _Ráden Adípati_, or prime minister, though left to conduct the details of government, is often ignorant of many of the intrigues carried on in the place.

The gradations of power and rank are as follow.

After the royal family, which includes the prince or sovereign, called _Susuhúnan_ or _Sultan_, and the sons and daughters of the sovereign, called _Pangérans_, the heir apparent being called _Pángéran Adipáti_, come the nobility, and at their head the _Ráden Adipáti_.

The nobility or privileged orders may be classed under the two general divisions of _Bopátis_, and their immediate assistants or _Pátehs_, and _Mántris_ or public officers. _Bopáti_ is the general term given to the governors of provinces, being the plural of _Adipáti_. This, however, is rather a title of office than of mere rank, as these governors are sometimes _Tumúng'gungs_, _An'gebáis_, and of still inferior rank. _Adipáti_ appears to be the highest title below royalty. The dignity of this title, as well as that of others, is again raised, by prefixing the epithet _Kiai_ (venerable) or _Mas_ (golden), as _Kiai-adipáti_, _Kiaí-tumúng'gung_, _Mas-adipáti_, _Mas-tumúng'gung_. _Ráden-tumúng'gung_ is also occasionally used, to express a rank above an ordinary _Tumúng'gung_, in the same manner as _Ráden Adipáti_.

These officers, when appointed to the administration of provinces, are called Regents by the Dutch. Since the innovations of Europeans, the distinctions above referred to have been a good deal confounded. In the _Súnda_ districts, where the absolute sway of the native sovereign has long ceased to be felt, and in the eastern provinces, which are subject to Europeans, the Regent assumes the state of a petty sovereign, and is the fountain of honour. The power and rank attached to particular titles, especially those of inferior importance, differs in some degree in almost every province.

The sons of the Regents, or of those who may be properly termed the nobles of the country, are usually called _Rádens_, and in the _Súnda_ districts invariably so; but there is properly no hereditary nobility, no hereditary titles, although few people have a greater respect for family descent than the Javans; custom and consideration, in this as in other cases, generally supplying the place of law.

Nearly the same form of government is followed in the administration of each particular province as is observed in the general administration of the country, every _Adipáti_, or governor of a province, having a _Páteh_, or assistant, who acts as his minister. In general there is a _Páteh-luar_, and a _Páteh-dalam_; one for conducting affairs abroad or public business, the other for the superintendence of the household.

The same union of the judicial, revenual, and executive authority, which exists in the sovereign, descends to the governor of a province; and if there are subdivisions of the province, it descends to each head of the subdivision. This is also the case with each village; the consequence of which is, that every chief, of whatever rank, has an almost absolute power over those below him. The only exception to this, and the only part of the Javan constitution which wears the appearance of liberty, is the mode of appointing the heads of villages; these are elected by the people, as will be hereafter more particularly described.

In every considerable province or district there are several subdivisions over which an inferior chief presides: the district of _Semárang_, for instance, has several. Although this absolute authority is vested in the different chiefs, according to their ranks, it is dangerous for a public functionary, whatever be his rank, and even for the _Susuhúnan_ himself, to violate what is called the custom of the country; and the ancient Hindu institutions are revered and generally followed by all classes. The priests also exercise a considerable influence; and although the power of the _Jáksa_, or law officer, is essentially reduced since the establishment of Mahomedanism, and a great part of his authority transferred to the _Panghúlu_ or Mahomedan priest, he is still efficient, as far as concerns the police and minor transactions. The observations which follow on the administration of justice and the judicial instructions established by the British government, will explain the present nature of his duties.

In the suite of every governor of a province, of his _Páteh_, or assistant, and of every public functionary of importance, are numerous petty chiefs, generally classed as _Mantris_, but having various titles, as _Demángs_, _Lúras_, _Klíwons_, &c. varying in authority and relative rank in different districts.

Three-fourths of the island having been long subjected to the European authority, and the provinces which still remain under native administration having been divided under two distinct authorities, and their original constitution otherwise departed from, it would be impossible to lay down a scale of rank for the different titles of honour, which should be applicable to every part of the island, but the subject will be resumed in a future chapter.

The following observations of Mr. Hogendorp, who resided on Java not many years before the arrival of the English, and was employed in a commission of inquiry into the state of the island, are extracted from a report or memoir which he drew up for the use of the Dutch government, recommending a policy similar to that which we subsequently pursued. They contain a just account of the principles of the Javan government, and of the state of the Regents under the Dutch Company. After remarking, in perhaps too broad and unqualified terms, that the structure of the government is feudal, he proceeds to state:

"The first principles of the feudal system, which form the basis of the whole edifice, are: that the land is the property of the sovereign; that the inhabitants are his slaves, and can therefore possess no property, all that they have and all that they can obtain belonging to the sovereign, who allows them to keep it no longer than he chooses; and that the will of the prince is the supreme law.

"These are the real fundamental principles of the feudal system: for though the English and French kings could not always maintain their despotic sway, but were sometimes opposed, hostilely attacked, and even forced by arms to treat for terms with their subjects, this was only the natural consequence of the acknowledged rule, that _tyranny destroys itself_; and it is only necessary to revert to what James and Charles of England, in so late a period, thought their divine rights of royalty, to ascertain what were the rudiments of the feudal form of government: and even now, notwithstanding the numerous changes and revolutions which have happened in England, the most surprizing traces of that system are to be found, since in that country, so free, no individual soever possesses a foot of land in absolute property (allodium), but merely from the king (feodum), to whom only belongs the _dóminum absolutum et directum_, although subsequent laws and regulations have rendered this title more imaginary than real.

"The same system of government has been continued in the Company's districts, under the pretext of allowing the natives to retain their own laws and customs, but in reality from ignorance and self-interest. Although they were too ignorant to effect any improvement, they knew perfectly well that this plan was the best adapted to promote their own interest and advantage.

"The princes of Java, as well as those of Europe in former times, and as a natural effect of the same cause, were also almost continually at war with their chief vassals, until the Dutch power and influence re-established and maintained the general tranquillity. This, however, has never had any effect on the system of government itself, and the subject who dethroned his sovereign and then succeeded him, thought that he had thereby obtained the same _divine right_ of property in the lands and persons of his subjects, as his predecessor had possessed.

"The princes allotted the lands to their chiefs and immediate dependents, as rewards for military and other services. These chiefs (termed by the Dutch regents) again subdivided the lands among others of inferior rank, on the same conditions, and so on, down to the poor labourer who cultivated the land, but to whom a very small proportion of the fruits of his labour was left for his own support.

"The exclusive administration of the country was conferred on the regents, an appellation given to the native chiefs, who had acquired their lands from the Dutch, by contract or agreement, binding them annually to deliver partly for payment and partly not, a quantity, in some cases fixed, in others uncertain, of the produce of such lands, obliging them also to the performance of feudal services, both of a military and other nature.

"The titles of these regents are either _Adipáti_, _Tumúng'gung_, or _Ang'ebái_. The Prince of _Madúra_, styled _Panambáhan_, and the Prince of _Súmenap_, who is called _Pangéran_, are however only regents as well as the rest. The Prince of _Madúra_ enjoys that tide as being of the imperial family, and the Prince of _Súmenap_ purchased his by a large payment to a Governor-General.

"These regents are only officers of government, and possess not the smallest right to hereditary possession or succession. Yet when one of them dies, he is in general replaced by one of his sons, considered most fit for the office, provided he can afford to pay the customary present to the governor of the north-east coast of Java; for if he is unable to do this, or if any other person offers a more considerable sum, a pretence is easily found to exclude the children in favour of the more liberal purchaser.

"These presents form a principal part of the emoluments of the governor of the north-east coast, and consequently all new appointments of regents are for his advantage. The present chief regent of _Samárang_ paid 50,000 dollars for his promotion, and all the children of his predecessor were superseded. The others pay in proportion to the value of their regencies; and as this is arbitrary and uncertain, it is easily to be conceived, that they find means to recover the amount of their place-money[77].

"These Regents although very proud, are, with very few exceptions, ignorant and idle persons, who give themselves little concern about their lands and their people; of whom, indeed, they frequently know nothing, but only endeavour to squeeze and extort from them as much as possible, both for their own subsistence and pleasure, and to satisfy the cupidity of government and of their immediate superiors. They leave the administration of affairs entirely to their _Pátehs_, who are also appointed by the Dutch, and are held accountable for every thing[78].

"To their brothers, wives, children, and other near relations, they assign villages or _désas_, sufficient for their maintenance, for all these consider themselves born not to work, and look upon the peasantry as only made for the purpose of providing for their support.

"In order to collect the rice and other kinds of produce, which they are by contract obliged to deliver to the Company as contingents, they compel the inhabitants of the district to furnish as much of it as is at all possible, without any fixed ratio or calculation, and without any kind of payment, leaving them scarcely what is absolutely necessary for their own support and that of their families, and even sometimes not nearly so much, especially in the event of failure in the crops; on which occasions the miserable inhabitants desert by hundreds to other districts, where, at least in the first instance, they may expect a less rigorous treatment. Several regents also, when distressed for money, are compelled by want, to let out many of their best _désas_ to the Chinese: these bloodsuckers then extort from such villages as much as they can possibly contrive, while the inhabitants of the other _désas_ are alone obliged to deliver the contingent required from the whole aggregate. It may easily be conceived, how oppressively this demand must fall upon those unhappy individuals; and how greatly these and other acts of injustice, which are the natural consequences of the present faulty administration, must tend to the ruin of the country, it would be superfluous reasoning to prove."

The only restraint upon the will of the head of the government is the custom of the country, and the regard which he has for his character among his subjects. To shew what that character ought to be, what is expected of a good prince, and what are the reciprocal duties of a prince, prime minister, and people, I may here quote a few sentences out of the _Níti Prája_, a work in very high esteem, and constantly referred to by the Javans.

"A good prince must protect his subjects against all unjust persecutions and oppressions, and should be the light of his subjects, even as the sun is the light of the world. His goodness must flow clear and full, like the mountain stream, which in its course towards the sea enriches and fertilizes the land as it descends. He must consider that as the withered foliage of the trees awaiteth the coming of rain to flourish anew, so are his subjects waiting for his benevolence, to be provided with food, with raiment, and with beautiful women. If, on the contrary, a prince neglects to extend his benevolence and protection towards his subjects, he exposes himself to be abandoned by them, or at any rate to lose their confidence; for it is an undeniable truth, that no one will be faithful or attached to a man upon whom no dependence can be placed.

"When a prince gives audience to the public his conduct must be dignified. He must sit upright and not in a bending posture, and say little, neither looking on one side or the other, because, in this case, the people would not have a proper sight of him. He must assume a pleasing appearance, which will enable him to observe his subjects who surround him, and then enquire if any one has any thing to say to him; and if there is, he must animate him to speak openly.

"In his discourse he must not speak loud, but low, and with dignity, and not more than is necessary for the purpose; for it does not become a prince to withdraw his words if once given, and much less to give them another turn.

"It is, above all, the duty of a prince to take notice of every thing going on in his country and among his subjects, and, if possible, to turn every thing to a good end: if he passes over unnoticed the least crime, he may create numerous enemies. It is further the duty of a prince, besides knowing the merits of his subjects and the state of his country, to explain all abstract and difficult expressions, particularly such as occur in writings.

"It is a disgrace to a prime minister for any hostile attack to be made on the country intrusted to his charge without his knowledge, or that he should be careless or inattentive to the same, rather thinking how to obtain the favour of his prince than to secure the safety of the country. So it is when he does not understand how to administer the country properly, or fails to invent what is useful; when he makes many promises, but fulfils few; when he is careless with regard to public affairs, and talks much about what is of no consequence, seeking to be admired by the people, and putting on fair appearances when his intentions do not correspond; when he cares nothing about the misfortunes of his inferiors, provided he gets money himself; when, finally, he is not faithful, but deceitful. Such a prime minister is like the hawk, which soars high in the air, but descends low on the earth to seize and steal its food.

"But a good prime minister is he who is upright in his heart, moderate in his fear of the prince, faithfully obedient to all his orders, kind-hearted, not oppressive to the people, and always exerting himself to the utmost for the happiness of the people and the welfare of the country.

"And a prime minister is good beyond measure who can always please his prince in every thing that is good; who knows every thing that is going on in the country, and takes proper measures accordingly; who always exerts himself to avert whatever is likely to be injurious; who considers nothing too trifling to merit his attention; who accumulates not wealth, but offers to his prince whatever comes in his way that is curious; who heeds not his own life in effecting what is right; who considers neither friends, family, nor enemies, but does justice alike to all; who cares not when he is praised or reviled, but trusts to the dispensations of Providence; who possesses much experience; who can bear poverty, and cares not for the enjoyment of pleasures; who is polite to every one; who with good will gives alms to the poor and helpless; who consults much with his brother officers, with whom he ought always to advise on affairs of business. Against such a prime minister it is impossible for any one to speak, for he will be feared at the same time that the people will become attached to him: the people will then live quiet and happy, perform their labours with cheerfulness, and wish that his administration may be lasting.

"A prime minister ought, nevertheless, not to be too confident in this, but always remain on his guard against the designs of bad men.

"There are many examples of such prime ministers: among which is _Rája Jájahan_, (prime minister of _Mesir_ Egypt,) to whom all the people of the country, great and small, were much attached.

"Whenever his brother officers intended to visit the prince for the purpose of paying their respects, they always assembled at the prime minister's house, where they generally partook of a meal: after this they proceeded to the court, followed by the prime minister on foot, dressed in white, with only three attendants, carrying a spear and other articles of state before him. By this conduct he supposed that he was screened from reproach, and that he was freed from enemies; but at the very time there were enemies conspiring against his life, as was afterwards discovered: therefore ought a prime minister not only to be virtuous, but cautious also, and always armed against his enemies, in the same manner as a sportsman arms himself against wild beasts.

"A subject going into the presence of his prince must be clean and well-dressed, wearing proper _chelána_ (pantaloons.) He must have a good girdle and a sharp _krís_, and be anointed with aromatic oils. He must range himself with his equals, and convince them of his abilities and good breeding; because from this it is that he has to expect favour or disgrace, grief or joy, happiness or misery; for a prince can either exalt or humble him.

"A prince is like a _dálang (wáyang_ player,) his subjects like _wáyangs_, and the law is as the wick of the lamp used in these entertainments: for a prince can do with his subjects what he pleases, in the same manner as the _dálang_ acts with his _wáyangs_, according to his own fancy; the prince having the law, and the _dálang_ the lamp, to prevent them from going out of the right way.

"In like manner, as it is incumbent on the _dálang_ to make magnanimity and justice the principal subjects of his representation, in order that the spectators may be instructed and animated thereby, so should a prince, a prime minister, and chief officers of the court, direct the administration of the country with such propriety, that the people may attach themselves to them; they must see that the guilty are punished, that the innocent be not persecuted, and that all persons falsely accused be immediately released, and remunerated for the sufferings they may have endured."

The judicial and executive powers are generally exercised by the same individual. The written law of the island, according to which justice is administered and the courts are regulated, is that of the _Koran_, as modified by custom and usage. The Javans have now been converted to the Mahomedan religion about three centuries and a half, dating from the destruction of the Hindu kingdom of _Majapáhit_, in the year 1400 of the Javan æra. Of all the nations who have adopted that creed, they are among the most recent converts; and it may be safely added, that few others are so little acquainted with its doctrines, and partake so little of its zeal and intolerance. The consequence is, that although the Mahomedan law be in some instances followed, and it be considered a point of honour to profess an adherence to it, it has not entirely superseded the ancient superstitions and local customs of the country.

The courts of justice are of two descriptions: those of the _Panghúlu_ or high priest, and those of the _Jáksa_. In the former the Mahomedan law is more strictly followed; in the latter it is blended with the customs and usages of the country. The former take cognisance of capital offences, of suits of divorce, of contracts and inheritance; they are also, in some respects, courts of appeal from the authority of the _Jáksa_. The latter take cognisance of thefts, robberies, and all inferior offences; its officers are employed in taking down depositions, examining evidence, inspecting the general police of the country, and in some measure acting as public prosecutors: these last functions are implied in the title of the office itself, _jáksa_ meaning to guard or watch[79].

At the seat of government are supreme courts of the _Panghúlu_ and _Jáksa_: to these there is an appeal from similar but inferior tribunals, established within each province. Petty tribunals, under like names, are even established under the jurisdiction of a _Demáng_, or chief of a subdivision, and sometimes of a _Bákol_, or head of a village; but in these the authority of the _Panghúlu_ and _Jáksa_ extend no further than to take down evidence to be transmitted to some higher authority, to settle petty disputes, and perform the ordinary ceremonies of religion, inseparable among the Javans, as well as all other Mahomedans, from the administration of justice.

Such however is the nature of the native government, that these officers are considered rather as the law assessors or council of the immediate superior officer of the executive government, than as independent ministers of justice. In such cases as come before them, they examine the evidence, and point out the law and custom to the executive officer, who is himself generally too ignorant and indolent to undertake it. When the evidence is gone through, and the point of law ascertained, the whole is brought before him, at whose discretion it rests to pass judgment. It is however admitted, that in matters of little moment, where his passions and interests are not concerned, the division is frequently left to the law officers; but in all matters of importance he will not fail to exercise his privileges of interference.

The court of justice in which the _Panghúlu_ or high priest presides, is always held in the _serámbi_, or portico of the mosque; a practice, which, as it inspires the people with a considerable share of awe, appears judicious. It is also convenient for the administration of oaths, which among the Javans are always administered within the mosque, and usually with much solemnity. The forms of the court are regular, orderly, and tedious; all evidence is taken down in writing, and apparently with much accuracy.

The court, at least at the seat of government, consists of the _Panghúlu_, the officiating priest of the mosque, and four individuals, also of the religious order, called _Páteh nagári_, meaning literally the pillars or supports of the country, to whom, after the examination of evidence in capital offences, the point of law and decision is referred. At the seat of government the sovereign or his minister passes judgment.

The court of the _Jáksa_ at the seat of government consists of the head _Jáksa_, who may be styled the law officer of the prime minister, and the _Jáksas_ of his _Klíwons_ or assistants, for they too have their law councils. The functions of this court being of less importance, of a more mixed nature, and less solemn because less connected with religion, are still more subject than that of the _Panghúlu_ to the rude interference of the executive authority[80].

The Javan code of law is divided into two departments, that of the Mahomedan law and that of custom and tradition. The former is distinguished by the appellation of _húcum állah_, the _commands of God_, from the Arabic; the latter by the Javan words _yúdha nagára_, meaning consideration for the country, or in other words, allowance for the state of society.

The decisions in Mahomedan law are chiefly guided by several works in the Arabic language. In all the courts of Java these works are said to be consulted in the Arabic language, but reference is more frequently made to a collection of opinions extracted from them, and translated into the language of the country.

The law of custom is chiefly handed down by oral tradition, but has in part been committed to writing in the following performances.

The earliest work relating to jurisprudence which is now referred to, is that of _Júgul Múda Páteh_, or minister of _Sri Ma Púng'gung_ (of _Méndang Kamúlan_), now _Wirosári_: it is computed to be about six hundred years old. The second bears the name of _Rája Kápa_, said to have been the son of _Júgul Múda_, and like him minister of his sovereign _Kandiáwan_, also prince of _Méndang Kamúlan_.

By the authority of the Sultan of _Demák_, the first Mahomedan prince, a compilation of the Javan laws was made, in which they were in some measure blended with the Mahomedan jurisprudence. Probably this was intended to pave the way to an entire introduction of Mahomedan law. The body of regulations, &c. compressed in these codes is curious, from the laborious refinement of their distinctions, from the mixture of moral maxims and illustrations with positive law, from the most incongruous combinations, and from their casuistical spirit. In the Appendix will be found the translation of a modern version of the _Súria Alem_, a work of this description in high repute, as well an abstract of the laws and regulations said to have been in force in the earliest periods to which Java tradition refers[81].

The proclamations (_úndang-úndang_), and the laws and regulations (_ánger ángeran_) of the sovereign, form another source of deviation from the Mahomedan law. Collections of these have been committed to writing.

The prince, by himself or his officers, is always supposed vested with a discretionary power of adapting the Mahomedan law to the circumstances of society, a prerogative liberally exercised. This power, which sanctions every deviation from the letter of Musselman law, the Javans also express by the term of _yúdha nagára_. The krising of criminals instead of beheading them, the combat of criminals with tigers, the severe penalties for infractions of the sumptuary laws of the Javans, the constant commutation of corporeal punishment for a pecuniary fine, and in the case of persons of rank found guilty of murder, the commutation of the strict law of retaliation for a fine, without regard to the wishes of the relations of the deceased, if the latter be of no consideration, were among the deviations from the Mahomedan law sanctioned by the _Yúdha nagára_.

Such was the composition of the courts, and the code of laws that existed on Java before the arrival of the Dutch, and remained unchanged at the conquest of the island by the British. The Dutch legislated for the colonists, but took little interest in the system by which the judicial proceedings of their native subjects were guided, excepting in so far as their own advantage or security was concerned in them. The following statement contains the changes introduced by the Dutch.

Besides the colonial laws and regulations, enacted from time to time by the Governors and Council at Batavia; besides some standing orders of the Court of Directors, and some rules and provisions contained in the successive charters of the Company, and in what was called the _article brief_; the Dutch law, which was always considered the foundation of the colonial law, was of authority, as far as it remained unaffected by these institutions.

A collection of the colonial statutes and regulations, called the _Placart_ Book of Batavia, and an abstract of them, entitled the _Statutes_ of _Batavia_, were made under the authority of the colonial government; but as the latter never underwent a regular promulgation, the rules contained in it were not considered as possessing the force of law, except in so far as they might be found to be conformable to the orders, proclamations, and regulations of the Indian government, or of the Directors of the East India Company.

The power of the Directors and of the Council of Batavia to enact local laws and regulations, seems not to have been very circumspectly defined in the first charters of the Company, those charters conferring on them, in general terms only, authority to provide for the administration of justice and establishment of police.

But from the nature of the occasion it seems evident, that this power of making colonial laws, as far at least as related to the Council of Batavia, could only have been a limited one, to be exercised with considerable discretion, and only upon points requiring an immediate provision, subject always to the approbation of the authorities at home; and even the Directors could hardly be considered to have possessed a greater extent of legislative power, than was necessary for the security of their new territories, and of their rights and privileges, or to have been authorised to deviate wantonly from the established law of the country, or neglect the dictates of justice and equity.

In the great variety of matter comprehended in the colonial statutes, no subject seems to have occupied more attention than the laws respecting slavery. These, as already observed, appear to have been formed in general upon principles of humanity and consideration for the condition of the unfortunate beings to whom they related.

In consequence of a resolution of the year 1760, the Council of India ordered that the customs of the Mahomedans, in matters of inheritance and successions _ab intestat_, &c. should be sanctioned and published.

In civil matters, natives and Chinese in the districts of Batavia seem to have been governed by the same laws as the European inhabitants.

Crimes committed by natives or Chinese in the city of Batavia and its environs, had, from the first settlement of the Dutch on the island, always been tried by European judges, and according to European law.

In Bantam the criminal jurisdiction over the natives was left to the Sultan, and that over the Chinese resident there, was exercised as at Batavia according to the European law.

The _Jakatra_ and _Priáng'en_ Regencies seem formerly to have enjoyed a peculiar and fortunate state of tranquillity. Almost entirely removed from every communication and intercourse with Europeans, Chinese, and other foreign settlers found in the neighbourhood of Batavia, engaged in agriculture, and ruled by their own native chiefs, these districts seem to have been in a high degree free from crime; but whenever enormities did happen, the offenders were sent down to Batavia, and tried according to European law. It is to be observed, however, that on the first submission of those districts to the Company, their chiefs or regents reserved to themselves the jurisdiction over the inhabitants of their respective districts; but this stipulation appears to have been disregarded in the latter times of the Dutch Company, and under the late administration of Marshal Daendals, a court was established for these districts, the rule of which was European law.

From Chéribon the Chinese were amenable, as from Bantam and Batavia; but the natives were subject to a _landraad_ (or local court), of which the Resident was president, and the Sultans members; and this court was, partly at least, directed by a _papákam_, or native code, compiled under the sanction of the government.

In the Eastern districts of the island, the Javans seem always, in criminal matters, to have enjoyed their own laws, founded on ancient custom and the precepts of the _Koran_. Of these laws the Council of Batavia caused abstracts to be printed, for the guidance of the great _landraad_ or high court at _Semárang_, to which all the Javans in the European provinces, from _Losári_ to _Banyuwángi_ were amenable.

Under the native government, the prime minister (_Ráden Adipáti_) is the head of the police, as well as every other department of authority. The higher class of functionaries is most frequently to be found in those parts of the country most remote from the seat of government, where, as governors of provinces, they possess some extension of powers. The great and fertile provinces near the capital, on the other hand, are divided into small appropriations, of from two hundred to one thousand _cháchas_, or families, placed under the administration of division officers, whose authority is limited to the duties of police.

Each village is possessed of a distinct organization within itself, has its chief, its _Kabáyan_ or assistant, and if of any considerable size, its priest, whose advice is frequently had recourse to, and who generally decides petty disputes, especially respecting divorces and matters of inheritance. The chief of the village is not without his share of judicial authority, and often takes upon himself to punish by fine and imprisonment. In each village the inhabitants keep regular nightly watches and patrols.

The manner in which these little societies have been recently formed in the districts to the east of _Surabáyu_, where the European authority had not interfered, and where the influence of the Mahomedan government was scarcely felt, will tend to illustrate their nature and constitution.

The frequent wars, in which the people had been engaged with the inhabitants of _Báli_ and _Madúra_, as well as with the Dutch, had reduced those provinces to a state of wilderness towards the middle of the last century. The encouragement held out to the people of the neighbouring island of _Madúra_ brought over several adventurers, who were allowed to occupy the land they cleared; first rent-free, and afterwards at a fixed assessment. If several persons came together, their leader was invested with the authority of _Petíng'gi_ over the new village which they formed. When individuals associated to construct a village, the chief was elected by themselves, subject to the approval of the landlord; and they possessed the privilege, common in all the districts east of _Surabáya_, of annually electing their chief, or _Petíng'gi_.

The nature of the duties rendered by this person was so essential to the well-being of a village, that this privilege was most intimately connected with its existence. Whenever a new assessment was imposed on the lands, it was the business of the _Petíng'gi_, if the amount was too high, to represent the matter to the superior, and to state the inability of the people to make good the demand: the consequence was, either a reduction of assessment on the part of the principal, or desertion on that of the people. But when the amount of the assessment was considered reasonable (and any amount less than three-fifths seems to have been so considered), the _Petíng'gi_ had to assemble all the people, and to distribute to each, in the common presence of all, his individual proportion of land, with a statement of the produce to be paid. He had to keep a roster of all duties required of the people, and to see that every man took his proper turn. When the harvest ripened, he had to watch the collectors, that they exacted no more from each man than his proportion; and the cultivator, that he did not embezzle any part of the due of government. In large villages he had an assistant, called a _Kabáyan_, who represented him during his absence, and with the _Kamitúah_ and _Múdin_ (priest), formed a court for settling petty village disputes; subject, however, to a reference, if the parties should be dissatisfied.

It was customary for the people of the village to cultivate the lands of their _Petíng'gi_ without payment. This and the honour of chiefship rendered the office an object of village ambition; while an annual election, and the fear, if turned out, of being called upon to justify his conduct, rendered this officer generally a steady and careful representative of his constituents.

All strangers passing through the country were expected to apply to the _Petíng'gi_ for the assistance they required; and if payment was tendered, all procurable necessaries were furnished. The _Petíng'gi_ also took charge of the strangers' property, examined the same in the presence of the other head-man, and was bound to return the whole undiminished the next morning, or to pay the value. If, however, the stranger preferred keeping his property under his own charge, and rested himself for the night under some of the public sheds, the loss he might sustain fell on himself alone, and all he could procure from the village was assistance to trace the offenders.

It was customary, as well to deter beasts of prey as thieves, for a part of the men of each village to keep a night watch round it, and to perform this duty in successive rotation.

Such appears to have been the internal regulation of these villages; and it seems to have been framed according to the ancient usage of the island, the similarity of which to that of Western India has been adduced as a strong instance of one common origin[82].

It follows from the above, that each village has in itself the materials of a good police, and that a right of choosing their chiefs gives to the people a considerable share of real liberty[83]. This right of election in the inhabitants of the village, as before observed, would appear at one time to have been general throughout the island. It is still respected in the districts of _Surabáya_, where the office of _Petíng'gi_ was always elective, for although the same person might hold it for many years, a ballot for the situation was regularly held at specified periods, varying from one to three years[84].

The right of election is also clearly acknowledged in the districts of _Japára_ and _Jawána_. "That the _Petíng'gi_ is elected by the inhabitants of a village," observes the officer who introduced the settlement into those districts[85], "there cannot be a doubt; and even the right of election is foregone by the people, though I have not met with a single instance of the kind, it may be taken for granted, that it is so only, in consequence of the influence of the Regent, to serve some particular purpose. While the _Petíng'gi_ continues in office, he is looked up to and obeyed by the people of the village to which he belongs as the immediate chief. He generally occupies the _paséban_ usually to be found in villages of consequence, and has two or more men, inhabitants of the village, appointed to attend him wherever he goes. A _Petíng'gi_ was usually elected for one year, during which time he could not, according to the ancient usage, be removed, except in consequence of some gross misconduct, but if his conduct was such as to give satisfaction to the inhabitants, they continued him for several years. As far as I could learn," continues the same officer, "the Regent, or other superior native authority, seldom interfered in the election of a _Petíng'gi_; but it was generally understood, that although he could not force a _Petíng'gi_ upon them who was disliked by the people, his confirmation was required before the person elected could act with effect."

In the _Súnda_ districts of _Chéribon_ and _Tegál_, the appointment to this office is invariably made, if not by the election of the villagers, generally from among themselves, and always with their concurrence. It is a common practice for the people of a village, even where the right of election is not in use, to represent in a body the conduct of their chief, if incorrect; and it has always been necessary for the chief native authority to remove him, if the complaints were justly founded.

A reference to the judicial regulations in the Appendix[86] will show how desirous the British government on the island has been to protect the privileges of these societies, and in particular the right of electing their chief.

When the British authority was established on the island, it was immediately seen that something must be done to supply the deficiencies, and to correct the imperfections of the native code. All the other changes in contemplation for the encouragement of industry and for the abolition of oppressive and impolitic exactions, would have been nugatory, without such an improvement in the judicial and police regulations, as would secure, by a full and impartial administration of justice, the rights and privileges about to be conferred. It would have been in vain to define the limits of power, to issue directions for guiding the conduct of public servants in their transactions with the people, or to have abrogated the oppressive privileges of the chiefs, and to have assured the people of the intention of government to protect them against all invasion of their rights, either by open violence, by the exaction of services, or by oppressive contributions, without establishing effective means of obtaining redress when aggrieved. The system acted upon was at once barbarous and revolting. Practices prevailed under the sanction of native law, which were abhorrent to the criminal jurisdiction of any enlightened nation, without being at all necessary to the due administration of justice[87]. I allude particularly to torture and mutilation. These the Earl of Minto immediately abolished, by his proclamation of the 11th September 1811, in which, besides this beneficial and humane enactment, he laid down clearly and distinctly the liberal and enlightened principles which should guide the local government in the subsequent revision of the civil and criminal code of the colony. The result was the enactment of the code of judicial and police regulations which will be found in the Appendix to this work[88]. The outlines of these regulations, and the principles which dictated them, are contained in a Minute which I recorded on the 11th February 1814, when they were completed and promulgated; and the following quotations from that document may be sufficient to put the reader in possession of the change which was effected.

"It was essential, in conducting the revenue arrangements, that the measures taken for the establishment of a good and efficient police, and the full and impartial administration of justice throughout the island, should preserve an equal pace.

"Rights were not to be bestowed and defined, without a suitable provision for their being effectually guarded against any invasion; and it became an object of the first moment, to form such an adequate and consistent code of regulations, as should serve, in every instance, to guide the executive officers of government in the performance of their duty, and to make known, and secure to the people, the means of obtaining redress, whenever they felt themselves in any way aggrieved.

"The system found existing on our first arrival was at once complicated and confused. In the principal towns there were established courts, but these were constituted in all the troublesome formalities of the Roman law; and in the different residencies were provincial courts, styled _land-raads_, where the native form and law was left to take its course, with all its barbarities and tortures.

"The Dutch government, proceeding entirely on the system of commercial monopoly, paid very inferior attention to their internal administration. They had little other connexion with their best subjects, the cultivators of the soil, than in calling on them, from time to time, for arbitrary and oppressive contributions and services; and for the rest, gave them up to be vassals to the various intermediate authorities, the Regents, _Demángs_, and other native officers. These either at first purchased their situations, or stipulated for a certain tribute, in service or money, in consideration of which all the inferior classes of inhabitants were made over, to be dealt with by them as most pleasing to themselves. Policy, and the common attention to their own good, suggested to these a certain equity of procedure, and it was generally the custom to leave each village to its own management, with respect to police and settling the petty quarrels that occurred within its limits; but for the continuance of what was good in such a system, there was no security whatsoever, and oppression and injustice must have constantly occurred. Where the will of the lord was the paramount law, his vassals could only have depended on his natural goodness of disposition for being equitably treated. No remedy was afforded where the reverse was the case, and they possessed, in short, no security, no freedom whatsoever.

"On the propriety of the measures to be adopted by us to remedy such evils, no doubt could exist.

"The first proclamation of the enlightened founder of the present government adverted immediately to this subject. As a step that could not, consistently with British ideas, admit of a moment's delay, it instantly ordained, that torture and mutilation should no longer make part of any sentence to be pronounced against criminals; and it then proceeded to define clearly the relative situation of the English and Dutch inhabitants, laying down rules for the future guidance of government concerning them. This proclamation, dated 11th September, 1811, has long been before the world, and it would be superfluous, in this place, to dwell on that love of justice and benevolence of disposition, which is to be traced through every part of it. It forms the basis of the present respective European rights in this colony[89].

"As a continuation of the measures so ably sketched out by my predecessor, I issued the proclamation, dated the 21st January, 1812.

"In this I attempted to simplify the clumsy and unwieldy structure of the former courts, by abolishing some, lessening the number of the judges in the remaining ones, and by defining, as accurately as I could, the limits of their respective jurisdictions.

"It was found that, formerly, there were separate courts for investigating the conduct of the immediate European servants of the Dutch Company, and of Europeans not included in that service. This distinction, as Lord Minto observed, never could have been grounded on any sound principle, and it being resolved, that justice, under the British government, should be administered equal and alike to all classes and denominations, the judicial power of the College of Schepenen was abolished, and transferred to the jurisdiction of the courts of justice.

"The great number of judges who, under the Dutch administration, formed a court, was reduced in each to a president and three members.

"One court was established in each of the three principal towns, Batavia, Semárang, and Surabáya, the jurisdiction of which extended over its European inhabitants; proceeding, in civil cases, in the mode before established, but in criminal ones, so as to conform as much as possible to that established in Great Britain; in all cases confronting the prisoner with the evidence, and a jury being called to judge of the fact on the evidence so adduced.

"To relieve these courts from numerous inconsiderable causes, courts, of the nature of Courts of Requests, were also established in these three towns, for the recovery of small debts.

"For matters of police within the towns, magistrates were appointed; but they were ordered to confine themselves entirely to this branch.

"An abuse which had been discovered to be usual, the compounding crimes and offences, in consideration of a sum of money paid to the Fiscal or other officer, had also met with Lord Minto's most severe reprehension, as being one of an abominable nature, and to be suppressed without delay. The practice was accordingly strictly prohibited, and consonantly with British ideas was termed scandalous.

"Thus much had been done with regard to Europeans, and it has been found fully sufficient.

"But with respect to the native inhabitants of the Island, it was to be expected that much greater changes would be necessary.

"In the first instance, it was ordered that courts should be established in the different districts, in which the chief civil authorities should preside, aided by the Regents and other native officers, for the purpose of hearing and trying all causes in which natives only were concerned; the amount of their civil decisions, when exceeding fifty dollars, being submitted for confirmation to the courts of justice; and all criminal cases, of a capital nature, being made over by them to judges of circuit, who were ordered to be sent on this duty twice a year, from among the members of the superior courts.