Chapter XLIX: 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.