The History of Java, v. 1-2

by Sir Thomas Stamford Raffles

The relative situation, rank, and privileges of the village farmer and the native chief in Java, correspond in most instances, with those of the Ryot and Zemindar of Bengal; but the more frequent and more immediate interference of the sovereign, in the former case, with any tendency to established usage or prescriptive claim, has left no room for that difference of opinion, concerning proprietary right, which exercised the ingenuity of the highest authorities in the latter. In Bengal, before the introduction of the permanent revenue settlement, there were usages, institutions, and established modes of proceeding with regard to landed estates, that rendered it doubtful in which of the three parties more immediately interested, the proprietary right should finally and lawfully be settled. The claim of the Ryot to retain the land which he cultivated, so long as he paid the stipulated contribution, seemed to raise his character above that of an ordinary tenant removeable at pleasure, or at the conclusion of a stipulated term. The situation of the Zemindar, as the actual receiver of the rents, standing between the sovereign and the cultivator, although merely for the purpose of paying them over with certain deductions to the sovereign, and his frequently transmitting the office with its emoluments to his children, although held only during pleasure, gave his character some affinity to that of an European landholder. And lastly, the sovereign himself, who ultimately received the rents, and regulated them at his pleasure, and removed both Zemindar and Ryot, in case of negligence or disobedience, was arrayed with the most essential attributes of proprietary right, or at least exercised a power that could render any opposite claims nugatory. Thus the Ryot, the Zemindar, and the Sovereign, had each his pretensions to the character of landholder. After much cautious inquiry and deliberate discussion on the part of our Indian government, the claims of the Zemindars, rather perhaps from considerations of policy than a clear conviction of their superior right, were preferred. In Java, however, except in the cases of a few alienated lands and in the Súnda districts, of which more will be said hereafter, no such pretensions are heard of, as those which were advocated on the part of the Zemindars of western India; although inquiries to ascertain the equitable and legitimate rights of all classes of the people, were known to be in progress, and a plan was declared to be in contemplation for their permanent adjustment. From every inquiry that was instituted under the British government, and every fact that was presented to the view of its officers, it appeared that, in the greatest part of the island, in the eastern and middle districts, and in short in those provinces where rent to any considerable amount was attainable, there existed no proprietary right between that of the sovereign and that of the cultivator, that the government was the only landholder.

There are lands, indeed, which contribute nothing to the state, some on which the cultivator pays no rent whatever, and others of which the rent remains in the hands of his immediate superior; but the manner in which individuals acquire, and the tenure by which they hold such lands, form illustrations and proofs of the proprietary right of the sovereign. As his resources arise almost entirely from the share of produce which he exacts, and as he considers himself invested with an absolute dominion over that share, he burthens certain villages or estates with the salaries of particular officers, allots others for the support of his relatives or favourites, or grants them for the benefit of particular charitable or religious institutions; in the same manner as, before the Consolidation Act in this country, the interest of particular loans were fixed upon the produce of specific imposts. Here the alienation shews the original right: the sovereign renounces the demand to which he was entitled; he makes no claim upon the farmer for a share of the crop himself, but orders it to be paid over to those whom he thus appoints in his place, so far as the gift extends. With the exception of the Súnda districts, as already stated, and a comparatively inconsiderable portion of land thus alienated on different conditions, the proprietary right to the soil in Java vests universally in the government, whether exercised by native princes or by colonial authority, and that permanent and hereditary interest in it so necessary to its improvement, those individual rights of property which are created by the laws and protected by the government, are unknown. With these exceptions, neither law nor usage authorizes the oldest occupant of land in Java to consider the ground which he has reclaimed from waste, or the farm on which he has exerted all his industry, as his own, by such a tenure as will enable him, and his successors for ever, to reap the fruits of his labour. He can have gained no title, even to a definite term of occupancy, but from the capricious servant of a capricious despot, who himself is not legally bound by his engagement, and whose successor is not even morally bound by it.

As a matter of convenience, the same cultivator may continue to occupy the same portion of land for life, and his children, after his decease, may inherit the ground which he cultivated, paying the dues to which he was liable. The head of a village, whether called Búkul, Peting'gi, or Lúrah, may be continued in the collection of the village rents for life, and may be succeeded in office by his heirs; the superior officer, or Demáng, with whom he accounts, may likewise hold his situation for a long period, and transmit it to his family; but none of them can stand in the possession against the will of their immediate superior, or of the sovereign, by any claim of law or custom.

Little of the revenue collected from the occupants is transmitted to the government treasury; the greatest part of that which is raised, and which, in other countries, would come into the hands of government, for subsequent distribution among its servants and the support of its various establishments, is intercepted in its progress by those to whom the sovereign immediately assigns it. The officers of police, of justice, of the prince's household, and, in short, public servants of all classes, from the prime minister down to the lowest menial, are paid with appropriations of the rent of land.

To this general principle of Javan law and usage, that the government is the only landholder, there are exceptions, as I mentioned before, in some districts of the island. These are chiefly in the districts inhabited by the Súndas, who occupy the mountainous and woody country in the western division of the island. Among them, private property in the soil is generally established; the cultivator can transmit his possession to his children: among them, it can be subdivided, without any interference on the part of a superior; the possessor can sell his interest in it to others, and transfer it by gift or covenant. He pays to his chief a certain proportion of the produce, in the same manner as the other inhabitants of Java; because, in a country without trade or manufactures, labour or produce is the only shape in which he can contribute to support the necessary establishments of the community. So long as he advances this tribute, which is one-tenth or one-fifth of the gross produce, he has an independent right to the occupancy of his land, and the enjoyment of the remainder. The reason why the landed tenure of these districts differs, in so important a particular, from that of the most extensive and valuable part of the island, may perhaps be explained from their nature, without resorting to any original difference in the laws of property, or the maxims of government. Where the population is small in proportion to the extent of soil, and much land remains unoccupied, the best only will become the subject of demand and appropriation. The latter alone is valuable, because it yields great returns for little labour, and therefore offers inducements to engage in its cultivation, in spite of many artificial disadvantages: it alone can afford a desirable surplus, after maintaining the hands that call for its fertility, and consequently tempts power to reserve unalienated the right to this surplus. On the other hand, when waste ground is to be reclaimed, when forests or jungle are to be cleared, or when a sterile and ungrateful spot is to be cultivated, the government have less interest in reserving the surplus, and must offer superior inducements of immunity, permanency, or exemption, to lead to cultivation. On this principle, the tenure of land in the Súnda districts, and on some parts of the coast, may be accounted for. It may be concluded, that many of these lands were reclaimed from waste by the present occupiers or their immediate predecessors, and their rights to possess them, which is similar to that which the discoverer of an unappropriated field, forest, or mine would have, by nature, to as many of their products as he could realize by his labours, has not been crushed or interfered with by the sovereign; a forbearance, probably, more to be attributed to motives of prudence than to the restraint of law. Nearly coincident with this conclusion is the supposition which assumes, that before the introduction of the Mahomedan system, and the encroachments of despotic sovereigns, all the lands on the island were considered as the property of those who cultivated them; but that, as the value of the most fertile spots became more apparent, while the labour which had been originally expended in clearing them, and constituted the title to their original occupancy, was gradually forgotten, the government found inducements and facilities to increase its demands, and thus became possessed of the rights of some by violence, while it rendered those of all unworthy of being preserved. The land tenures of the Súnda districts, according to this hypothesis, are only wrecks of the general system, which have been protected against encroachment, because they did not so powerfully invite rapacity. Whatever truth there may be in this opinion, the fact is undoubted, that in the mountainous and less fertile districts of Java, and in the island of Báli, where the Mahomedan sway has not yet extended, individual proprietary right in the soil is fully established, while in that portion of Java where the Mahomedan rule has been most felt, and where proprietary right amounts to the greatest value, it vests almost exclusively in the sovereign.

The situation, however, of the cultivator in the Sunda districts, who is a proprietor, is not much more eligible than that of the tenant of the government: he may, it is true, alienate or transfer his lands, but while he retains them, he is liable to imposts almost as great as they can bear; and when he transfers them, he can therefore expect little for surrendering to another the privilege of reaping from his own soil, what is only the average recompense of labour expended on the estate of another. The Revenue Instructions, therefore, bearing date the 11th February 1814, and transmitted from the local government to the officers intrusted with the charge of the several provinces subject to its authority, lay down the following general position: "The nature of the landed tenure throughout the island is now thoroughly understood. Generally speaking, no proprietary right in the soil is vested in any between the actual cultivator and the sovereign; the intermediate classes, who may have at any time enjoyed the revenues of villages or districts, being deemed merely the executive officers of government, who received these revenues from the gift of their lord, and who depended on his will alone for their tenure. Of this actual proprietary right there can be no doubt that the investiture rested solely in the sovereign; but it is equally certain, that the first clearers of the land entitled themselves, as a just reward, to such a real property in the ground they thus in a manner created, that while a due tribute of a certain share of its produce was granted to the sovereign power for the protection it extended, the government, in return, was equally bound not to disturb them or their heirs in its possession. This disposal of the government share was thus, therefore, all that could justly depend on the will of the ruling authority; and consequently, the numerous gifts of land made in various periods by the several sovereigns, have in no way affected the rights of the actual cultivators. All that government could alienate was merely its own revenue or share of the produce. This subject has come fully under discussion, and the above result, as regarding this island, has been quite satisfactorily established." It is remarked, in a subsequent paragraph of the same instructions, "that there have been, it is known, in many parts of the country, grants from the sovereign of lands in perpetuity, which are regularly inheritable, and relative to which the original documents still exist. Of these, some have been made for religious purposes, others as rewards or provision for relatives or the higher nobility. These alienations, as far as it was justly in the power of the sovereign to make, must certainly be held sacred; but their extent should be clearly defined, that the rights of others be not compromised by them. The government share, when granted, will not be reclaimed; but the rights of the cultivator must not be affected by these grants. Such proprietors of revenue, as they may be termed, shall in short be allowed to act, with regard to the cultivators on their estates, as government acts towards those on its own lands, that is, they shall receive a fixed share of the produce, but whilst that is duly delivered, they shall neither exact more nor remove any individual from his land." It is remarked by Major Yule, the British resident, in his Report on Bantam, that there, "all property in the soil is vested exclusively in the hands of the sovereign power; but in consequence of its having been long customary to confer grants of land upon the different branches of the royal family, and other chiefs and favourites about court, a very small portion was left without some claimant or other. The púsákas granted to the relations of the Sultan were considered as real property, and sometimes descended to the heirs of the family, and at others were alienated from it by private sale. To effect a transfer of this nature, the previous sanction of the Sultan was necessary, after which the party waited on the high priest, or Mangku-bumi, who made the necessary inquiries, and delivered the title deeds to the purchaser, in which were specified the situation, extent, boundaries, and price of the land sold. A register of sales was kept by the priests, the purchaser paying the fees; and it rarely occurred that lands sold in this manner were ever resumed by the crown, without some adequate compensation being made to the purchaser. Púsákas given to chiefs for services performed, were recoverable again at pleasure, and always reverted to the crown on the demise of the chief to whom they had been granted: in all other respects, the same privileges were annexed to them as to the former. The holders of púsáka lands were very seldom the occupants; they generally remained about the court, and on the approach of the rice harvest deputed agents to collect their share of the crop. They do not let their lands for specific periods. The cultivators are liable to be turned out at pleasure, and when ejected, have no claims to compensation for improvements made while in possession, such as water-courses, or plantations of fruit trees made by themselves or their parents."

"We must make a distinction," say the Dutch Commissioners appointed to investigate this subject in 1811, "between the Príangén regencies, the province of Chéribon, and the eastern districts. Throughout the whole extent of the Príangen regencies exists a pretended property on uncultivated lands, on which no person can settle without the consent of the inhabitants of that désa, or village. In the sáwah fields, or cultivated lands, every inhabitant, from the Regent down to the lowest rank, has a share, and may act with it in what manner he pleases, either sell, let, or otherwise dispose of it, and loses that right only by leaving the village in a clandestine manner.

"In the province of Chéribon, according to the ancient constitution, each district and désa, like the Príangen regencies, has its own lands; with the difference, however, that whilst those regencies are considered as belonging to villages and individuals, here the villages and lands are altogether the pretended property of the chiefs, or of the relations or favourites of the Sultans, who even might dispose of the same, with one exception, however, of that part allotted to the common people. Sometimes the Sultans themselves were owners of désas and chiefs of the same; in which case the inhabitants were better treated than in the former instances. If an individual thought himself wronged by the chief, who either sold, hired out, or otherwise disposed of his lands, he took his revenge, not on that chief, but on the person who held possession of the property. To corroborate this statement it may be mentioned, that the lands in the district of Chéribon were for the most part farmed out to Chinese, who increased their extortions in proportion as the chief raised his farm or rent, and thus almost deprived the common people of all their means.

"On the north-east coast of the eastern districts, no person can be called a proprietor of rice fields or other lands: the whole country belongs to government, and in this light do all the Regents consider it. The rice fields of a regency are divided among the whole of the population: in the division the chiefs have a share, according to their rank, occupations, or taxes they are paying.

"The chief enjoys his lands as long as he holds his station; the common people for a year only, when it falls to the share of another inhabitant of the désa, or village, that all may reap a benefit from it in turn. The ideas of the Javans concerning tenures, thus appear to be of three kinds: in the Súnda division they consist in allotting to the villages of uncultivated, and to individual persons of certain portions in the cultivated or sáwah fields: in Chéribon, the sultans and chiefs, as well as the common people, assert pretensions to similar allotments: in the eastern districts, on the contrary, nobody pretends to the possession of land; every one is satisfied with the regulation laid down, but if a man's share is withheld, he is apt to emigrate. No person considers himself bound to servitude. The Javans, however, in the Príang'en regencies, in Chéribon, and in the eastern districts, pretend to have an unquestionable right to all the fruit trees and síri plants, at or near their kámpung or désa."