FOOTNOTES:
[74] The inhabitants of these Islands are strikingly alive to a sense of shame; a feeling, which is heightened by the influence of a tradition among the Maláyus, that, on the first establishment of the Malayan nation, the islanders stipulated, that neither they nor their descendants should ever be put to shame. The tradition runs as follows:
"Then Ampu and Maling made obeisance to Sangsapurba (a prince who had arrived in Sumatra from Western India, and who is supposed to have founded the Malayan empire) and represented to him that Demang Lebar Daon (chieftain broad leaf of Palembang), had a daughter. Sangsapurba accordingly sent to ask her in marriage; but he excused himself, alleging, that she would probably be struck with sickness, and that he would only resign her to him as a wife on certain conditions. These conditions were, that, on Sangsapurba marrying his daughter, all the family of Demang Lebar Daon should submit themselves to him; but that Sangsapurba should engage, both for himself and his posterity, that they should receive a liberal treatment; and, in particular, that when they committed a fault, they should never be exposed to shame nor opprobrious language, but if their fault was great, that they should be put to death according to the law. Sangsapurba agreed to these conditions; but he requested, in his turn, that the descendants of Demang Lebar Daon should never move any treasonable practices against his descendants, even though they should become tyrannical. 'Very well,' said Demang Lebar Daon; 'but if your descendants break your agreements, probably mine will do the same.' These conditions were mutually agreed to, and the parties swore to perform them, imprecating the divine vengeance to turn their authority upside down who should infringe these agreement. From this condition it is, that none of the Malayan rajas ever expose their Malayan subjects to disgrace or shame: they never bind them, nor hang them, nor give them opprobrious language; and whenever a raja exposes his subjects to disgrace, it is the certain token of the destruction of his country. Hence also it is, that none of the Malayan race ever engage in rebellion, or turn their faces from their own rajahs, even though their conduct be bad, and their proceedings tyrannical."—Malàyan Annals.
[75] See Report on the Districts of Japára, by the Resident Dornick, in the year 1812.
[76] See a further account of this work under the head Literature.
[77] This payment is regularly termed by the Dutch, ampt-geld, or place-money, being money paid for the purchase of an office. By the Javans it is termed sorok, which, in its more general acceptation, means a bribe.
[78] With whatever fidelity this character of the Javan regents may have been drawn by Mr. Hogendorp, in the year 1800, it most certainly did not apply to them in the year 1811, nor in the subsequent years of the British government on Java; for, however negligent and corrupt many of them may have been rendered, by the system of government which prevailed under the Dutch East India Company, the changes effected during the administration of Marshal Daendals soon induced a character for energy and activity. His government was military and despotic in the extreme, and the regents were considered to hold a military rank, and required to exert themselves in proportion to its importance. They did so, and works of the greatest magnitude were constructed by their exertions. The chiefs were found active and intelligent, the common people willing and obedient. With regard to their character under the British Government, it would be an act of injustice, if not ingratitude, were I to neglect this opportunity of stating, that, as public officers, the Regents of Java were almost universally distinguished by an anxiety to act in conformity with the wishes of the government, by honesty, correctness, and good faith; and as noblemen, by gentlemanly manners, good breeding, cheerfulness, and hospitality. In the observations made upon the Javan character in the text, I have spoken of the Javans as a nation generally; but I might select instances where the character of the individual would rise very far above the general standard which I have assumed. I might, for instance, notice the intellectual endowments and moral character of the present Panambáhan of Súmenup, Náta Kasúma. This chief is well read, not only in the ancient history of his own country, but has a general knowledge of Arabic literature, is conversant with the Arabic treatises on astronomy, and is well acquainted with geography. He is curious in mechanics, attentive to the powers of mechanism, and possesses a fund of knowledge which has surprised and delighted all who have had an opportunity of conversing with him and of appreciating his talents. Of his moral character I have given an instance, in the manner in which he liberated his slaves. He is revered, not only for his superior qualifications and talents, but also for the consideration and attention he pays to the happiness and comfort of the people committed to his charge.
Of the capacity of the Javans to improve, of their anxiety to advance in civilization, and of the rapidity with which they receive knowledge and instruction, an instance might be given in the case of the two sons of the Regent of Semárang, Kiái Adipáti Súra Adimangála. This Regent, who, next to the Panambáhan of Súmenap, is the first in rank as well as character, shortly after the establishment of the British government on Java, sent his sons to Bengal, in order that they might there receive an education superior to what they could have had at home. They remained there for about two years under the immediate protection and patronage of the late Earl of Minto, and on their return not only conversed and wrote in the English language with facility and correctness, but evinced considerable proficiency in every branch of knowledge to which their attention has been directed. The eldest, in particular, had made such progress in mathematics before he quitted Calcutta, as to obtain a prize at a public examination, and had acquired a general knowledge of the ancient and modern history of Europe, particularly in that of Greece and Rome. He is remarked for his graceful and polite manners, for the propriety of his conduct, and for the quickness and correctness of his observation and judgment. As this is the first instance that has been afforded of the capacity of the Javan character to improve under an European education, it may enable the reader to form some estimate of what that character was formerly in more propitious times, and of what it may attain to hereafter under a more beneficent government. Among all the English on Java, who have had an opportunity of conversing with this young nobleman, there has not been one who has hesitated to admit, that his mind, his qualifications, and conduct, would be conspicuous among their own countrymen at the same age, and that, as an accomplished gentleman, he was fitted for the first societies of Europe. This young man, Ráden Sáleh, is now about sixteen years of age, and when the British left Java was an assistant to his father as Regent of Semárang.
[79] The following description of the office of a Jáksa, and of the qualifications requisite for fulfilling his important duties, is taken from the Niti Prája, a work already referred to.
"A Jáksa must, in all cases, be impartial, to enable him to weigh all causes which come before him with the same exactness as merchandize is weighed in a scale, and nicely balance the equilibrium, nothing adding or taking from either side.
"He must be above all bribery, either by words or money, and never allow himself to be induced to commit an act of injustice; for were a Jáksa to commit an act of this kind, the consequences could not but be highly injurious to the country.
"He must not accept presents of any kind from the parties whose cause comes before him, not only because he cannot expect to derive advantage therefrom, but also because the public will hold discourse concerning him highly injurious to his reputation.
"All causes in dispute must be decided upon by him with the least possible delay, according to law, and not kept long in suspense, to the injury of the parties concerned, lest he be considered like a holy man, who, for the sake of money, sacrifices his good name.
"A Jáksa must inquire into every circumstance relating to the causes brought before him, and duly investigate the evidence; after which he must take the cause into consideration. He must not, in the least, listen to what is false, and on all occasions must decide according to truth.
"A Jáksa who attends to all these points is of high repute. Of less repute is a Jáksa who, in the decision of causes which come before him, listens to the advice of others: such a one is like that kind of bird, which in order to procure for itself the necessary food, dives under water, without thinking of the danger to which it is exposed of losing its life from the want of air. But entirely unfit for employment is a Jáksa who is haughty in his demeanour, and at the same time low enough to take advantage of persons who come before him: such a one is like a bat, that in the dark steals the fruit from the trees; or like a sportsman, who though destined to chase what is useful only, indiscriminately destroys whatever comes in his way, whether useful or not. In the same manner is it with a priest who every day attends at the temple, for no other purpose but to make profit by it: or with a writer, who knows not how to make any thing but by the prostitution of his writings; or with the head man of a village, who imposes upon the villagers; or a devotee, who gains his livelihood by necromancy."
[80] The following was the usual course of proceeding in Jápara, and generally in the provinces subjected to European authority, previous to the interference of the British government. The plaintiff went to the Jáksa and made his complaint. If the case was important, the Jáksa took down the deposition in writing in the presence of witnesses, summoned the accused, and communicated the deposition to him. The latter then either acknowledged or denied the facts, witnesses were examined, and the proceedings of the suit laid before the Regent, who after perusal transmitted the same to the Panghúlu for his advice, with which the latter complied, referring at the same time for a sentence to some of the collections on Mahomedan law. The Regent having compared the sentence with the law and with equity, and finding the same correspondent with both, judgment was pronounced by the Jáksa.
[81] See Appendix C.
[82] With the exception, perhaps, of the right of election, which I have not seen noticed in any account of Continental India, the constitution of the Javan village has a striking resemblance to that of the Hindus, according to the following statement in the Fifth Report of the House of Commons on Indian Affairs. "A village, geographically considered, is a tract of country comprising some hundreds or thousands of acres of arable and waste lands; politically viewed, it resembles a corporation or township. Its proper establishment of officers and servants consists of the following descriptions: the Potail or head inhabitant, who has generally the superintendance of the affairs of the village, settles the disputes of the inhabitants, attends to the police, and performs the duty of collecting the revenues within his village, a duty which his personal influence and minute acquaintance with the situation and concerns of the people render him the best qualified to discharge. The Kurnum, who keeps the accounts of cultivation, and registers every thing connected with it. The Tallier and Totie, the duty of the former appearing to consist in a wider and more enlarged sphere of action, in gaining information of crimes and offences, and in escorting and protecting persons travelling from one village to another; the province of the latter appearing to be more immediately confined to the village, consisting among other duties in guarding the crops and assisting in measuring them. The boundary man, who preserves the limits of the village, or gives evidence respecting them in cases of dispute. The superintendent of tanks and water-courses, distributes the water therefrom for the purposes of agriculture. The Bramin, who performs the village worship. The schoolmaster, who is seen teaching the children in a village to read and write in the sand. The calendar Bramin or astrologer, &c.
"These officers and servants generally constitute the establishment of a village; but in some parts of the country it is of less extent, some of the duties and functions above described being united in the same person: in others it exceeds the number of individuals which have been described.
"Under this simple form of municipal government, the inhabitants of the country have lived from time immemorial. The boundaries of the villages have been but seldom altered; and though the villages themselves have been sometimes injured, and even desolated by war, famine, and disease, the same name, the same limits, the same interests, and even the same families, have continued for ages. The inhabitants give themselves no trouble about the breaking up and division of kingdoms; while the village remains entire, they care not to what power it is transferred, or to what sovereign it devolves; its internal economy remains unchanged. The Potail is still the head inhabitant, and still acts as the petty judge and magistrate, and collector or renter of the village."
In examining the interior of a village on Java, we find that, in common with the Hindu usage, it possesses a constitution within itself, independent of the supreme governing power. Here, as in Western India, it will be found that each village possesses its Petíng'gi or chief; its Kabayan, who is the deputy or assistant to the head of the village; its Kamituah or elders, generally men who have formerly been chiefs of the village; its Múdin or priest; its Ulu-ulu or Kapala Bandang'an, or superintendent of water-courses; its Jeru-tulis or writer, &c.
[83] See Report of Mr. Hopkins on the districts of Surabáya.
[84] See Report of Colonel Adams on Surabáya.
[85] Mr. Mc. Quoid. See his Report on the Districts of Japára and Jawána.
[86] Appendix D.
[87] Among many others, the following enactments, which were in force in some of the Eastern districts when the English arrived, will serve to shew the barbarities of the law then existing, in its operation on the people, and its leniency towards the great.
"Any person murdering his superior shall be beheaded, his body quartered and given to the wild beasts, and his head stuck upon a bambu.
"Any person disobeying his superior and attempting to murder him, may be killed by the superior, without giving any intimation thereof to the chief town.
"Any person daring to destroy any public advertisement promulgated by government shall forfeit his right hand.
"A Demáng, or other chief of a désa, being acquainted with any conspiracy tending to the injury of the state, and not giving intimation thereof, shall be punished by losing one ear, his head shall be shaved, and he shall be banished.
"Any person daring to offer violence to a priest in the mosque or among the tombs shall forfeit one hand.
"If a woman kills a man she shall be fined 500 reals batú.
"If a superior kills an inferior he shall be fined 1000 doits.
"If a person puts out the eyes of another he shall be fined 500 reals batú; if one eye only 50 reals."
There were also different fines for maiming different parts of the body. "For cutting out the tongue, 500 reals; for knocking out the teeth, 25; for breaking the thumb, 500; for breaking the finger, 100; and the like." See Collection of Native Laws at Banyuwangi.
[88] Appendix D.
[89] See Appendix D.
[90] The number required to compose the jury was fixed in conformity with the ancient usages of the country, in which five persons are considered necessary to assist in the deliberation upon any matter of importance.
[91] In joining the battle it is usual for the warriors to shout, and for the trumpets (sarenen), gongs, and drums used in the martial music of the country to be sounded.
[92] The following verse from the Níti Sástra Káwi may be adduced, in further illustration of the notions entertained by the Javans regarding the bravery of a soldier:
"The brave man who has been successful in war obtains his heart's desire.
"The brave man who dies in war is received into heaven and cherished by the Widadaris.
"If a man is cowardly in war and die, the keepers of hell seize upon him in a rage:
"Should he not die, he is reprobated and despised by all good men, even to his face."
[93] It is on these occasions that the parties frequently increase their desperation by the use of opium.
[94] "As to their military character, it is certain," says Plutarch, "they were able commanders, both by sea and land. But as the champions, who in one day gain the garland, not only in wrestling, but in the pancration, are not simply called victors, but by the custom of the games, the flowers of victory; so Cymon, having crowned Greece with two victories gained in one day, the one at land, the other at sea, deserves some preference in the list of generals."—Langhorne's Plutarch: Cimon and Lucullus compared.
[95] Mr. Rothenbuller.
[96] This was the practice of the Europeans also.