Evidence is used among these people in a manner very different from the forms of our courts of justice. They rarely admit it on both sides of the question; nor does the witness first make a general oath to speak the truth, and nothing but the truth. When a fact is to be established, either on the part of the plaintiff or of the defendant, he is asked if he can produce any evidence to the truth of what he asserts. On answering in the affirmative he is directed to mention the person. This witness must not be a relation, a party concerned, nor even belong to the same dusun. He must be a responsible man, having a family, and a determinate place of residence. Thus qualified, his evidence may be admitted. They have a settled rule in respect to the party that is to produce evidence. For instance; A. sues B. for a debt: B. denies the debt: A. is now to bring evidence to the debt, or, on failure thereof, it remains with B. to clear himself of the debt by swearing himself not indebted. Had B. acknowledged that such a debt had formerly subsisted but was since paid, it would be incumbent on B. to prove the payment by evidence, or on failure it would rest with A. to confirm the debt's being still due, by his oath. This is an invariable mode, observed in all cases of property.
OATHS.
As their manner of giving evidence differs from ours so also does the nature of an oath among them differ from our idea of it. In many cases it is requisite that they should swear to what it is not possible in the nature of things they should know to be true. A. sues B. for a debt due from the father or grandfather of B. to the father or grandfather of A. The original parties are dead and no witness of the transaction survives. How is the matter to be decided? It remains with B. to make oath that his father or grandfather never was indebted to those of A.; or that if he was indebted the debt had been paid. This, among us, would be esteemed a very strange method of deciding causes; but among these people something of the kind is absolutely necessary. As they have no sort of written accounts, nor anything like records or registers among them, it would be utterly impossible for the plaintiff to establish the debt by a positive proof in a multitude of cases; and were the suit to be dismissed at once, as with us, for want of such proof, numbers of innocent persons would lose the debts really due to them through the knavery of the persons indebted, who would scarce ever fail to deny a debt. On the side of the defendant again; if he was not permitted to clear himself of the debt by oath, but that it rested with the plaintiff only to establish the fact by a single oath, there would be a set of unprincipled fellows daily swearing debts against persons who never were indebted to any of their generation. In such suits, and there are many of them, it requires no small discernment to discover, by the attendant circumstances, where the truth lies; but this may be done in most instances by a person who is used to their manners and has a personal knowledge of the parties concerned. But what they mean by their oath, in those cases where it is impossible they should be acquainted with the facts they design to prove, is no more than this; that they are so convinced of the truth of the matter as to be willing to subject themselves to the paju sumpah (destructive consequences of perjury) if what they assert is believed by them to be false. The form of words used is nearly as follows: "If what I now declare, namely" (here the fact is recited) "is truly and really so, may I be freed and clear from my oath: if what I assert is wittingly false, may my oath be the cause of my destruction." But it may be easily supposed that, where the punishment for a false oath rests altogether with the invisible powers, where no direct infamy, no corporal punishment is annexed to the perjury, there cannot fail to be many who would makan sumpah (swallow an oath), and willingly incur the guilt, in order to acquire a little of their neighbour's property.
Although an oath, as being an appeal to the superior powers, is supposed to come within their cognizance alone, and that it is contrary to the spirit of the customs of these people to punish a perjury by human means, even if it were clearly detected; yet, so far prevalent is the opinion of their interposition in human affairs that it is very seldom any man of substance, or who has a family that he fears may suffer by it, will venture to forswear himself; nor are there wanting apparent examples to confirm them in this notion. Any accident that happens to a man who has been known to take a false oath, or to his children or grandchildren, is carefully recorded in memory, and attributed to this sole cause. The dupati of Gunong Selong and his family have afforded an instance that is often quoted among the Rejangs, and has evidently had great weight. It was notorious that he had, about the year 1770, taken in the most solemn manner a false oath. He had at that time five sons grown up to manhood. One of them, soon after, in a scuffle with some bugis (country soldiers) was wounded and died. The dupati the next year lost his life in the issue of a disturbance he had raised in the district. Two of the sons died afterwards, within a week of each other. Mas Kaddah, the fourth, is blind; and Treman, the fifth, lame. All this is attributed to, and firmly believed to be the consequence of, the father's perjury.
COLLATERAL OATHS.
In administering an oath, if the matter litigated respects the property of the grandfather, all the collateral branches of the family descended from him are understood to be included in its operation: if the father's effects only are concerned, or the transaction happened in his lifetime, his descendants are included: if the affair regards only the present parties and originated with them, they and their immediate descendants only are comprehended in the consequences of the oath; and if any single one of these descendants refuses to join in the oath it vitiates the whole; that is, it has the same effect as if the party himself refused to swear; a case that not unfrequently occurs. It may be observed that the spirit of this custom tends to the requiring a weight of evidence and an increase of the importance of the oath in proportion as the distance of time renders the fact to be established less capable of proof in the ordinary way.
Sometimes the difficulty of the case alone will induce the court to insist on administering the oath to the relations of the parties, although they are nowise concerned in the transaction. I recollect an instance where three people were prosecuted for a theft. There was no positive proof against them, yet the circumstances were so strong that it appeared proper to put them to the test of one of these collateral oaths. They were all willing, and two of them swore. When it came to the turn of the third he could not persuade his relations to join with him, and he was accordingly brought in for the whole amount of the goods stolen, and penalties annexed.
These customs bear a strong resemblance to the rules of proof established among our ancestors, the Anglo-Saxons, who were likewise obliged, in the case of oaths taken for the purpose of exculpation, to produce a certain number of compurgators; but, as these might be any indifferent persons, who would take upon them to bear testimony to the truth of what their neighbour swore, from an opinion of his veracity, there seems to be more refinement and more knowledge of human nature in the Sumatran practice. The idea of devoting to destruction, by a wilful perjury, not himself only, but all, even the remotest branches, of a family which constitutes his greatest pride, and of which the deceased heads are regarded with the veneration that was paid to the dii lares of the ancients, has doubtless restrained many a man from taking a false oath, who without much compunction would suffer thirty or a hundred compurgators of the former description to take their chance of that fate. Their strongest prejudices are here converted to the most beneficial purposes.
CEREMONY OF TAKING AN OATH.
The place of greatest solemnity for administering an oath is the krammat or burying-ground of their ancestors, and several superstitious ceremonies are observed on the occasion. The people near the sea-coast, in general, by long intercourse with the Malays, have an idea of the Koran, and usually employ this in swearing, which the priests do not fail to make them pay for; but the inland people keep, laid up in their houses, certain old reliques, called in the Rejang language pesakko, and in Malayan, sactian, which they produce when an oath is to be taken. The person who has lost his cause, and with whom it commonly rests to bind his adversary by an oath, often desires two or three days' time to get ready these his swearing apparatus, called on such occasions sumpahan, of which some are looked upon as more sacred and of greater efficacy than others. They consist of an old rusty kris, a broken gun barrel, or any ancient trumpery, to which chance or caprice has annexed an idea of extraordinary virtue. These they generally dip in water, which the person who swears drinks off, after having pronounced the form of words before mentioned.* The pangeran of Sungei-lamo has by him certain copper bullets which had been steeped in water drunk by the Sungeietam chiefs, when they bound themselves never to molest his districts: which they have only done since as often as they could venture it with safety, from the relaxation of our government. But these were political oaths. The most ordinary sumpahan is a kris, and on the blade of this they sometimes drop lime-juice, which occasions a stain on the lips of the person performing the ceremony; a circumstance that may not improbably be supposed to make an impression on a weak and guilty mind. Such would fancy that the external stain conveyed to the beholders an image of the internal. At Manna the sumpahan most respected is a gun barrel. When produced to be sworn on it is carried to the spot in state, under an umbrella, and wrapped in silk. This parade has an advantageous effect by influencing the mind of the party with a high idea of the importance and solemnity of the business. In England the familiarity of the object and the summary method of administering oaths are well known to diminish their weight, and to render them too often nugatory. They sometimes swear by the earth, laying their hands upon it and wishing that it may never produce aught for their nourishment if they speak falsely. In all these ceremonies they burn on the spot a little gum benzoin--Et acerra thuris plena, positusque carbo in cespite vivo.