The History of Java, v. 1-2

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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.

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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:​—

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.