ARABIC CHARACTER USED BY MALAYS.

Their writing is in the Arabic character, with modifications to adapt that alphabet to their language, and, in consequence of the adoption of their religion from the same quarter, a great number of Arabic words are incorporated with the Malayan. The Portuguese too have furnished them with several terms, chiefly for such ideas as they have acquired since the period of European discoveries to the eastward. They write on paper, using ink of their own composition, with pens made of the twig of the anau tree. I could never discover that the Malays had any original written characters peculiar to themselves before they acquired those now in use; but it is possible that such might have been lost, a fate that may hereafter attend the Batta, Rejang, and others of Sumatra, on which the Arabic daily makes encroachments. Yet I have had frequent occasion to observe the former language written by inland people in the country character; which would indicate that the speech is likely to perish first. The Malayan books are very numerous, both in prose and verse. Many of them are commentaries on the koran, and others romances or heroic tales.

The purest or most elegant Malayan is said, and with great appearance of reason, to be spoken at Malacca. It differs from the dialect used in Sumatra chiefly in this, that words, in the latter, made to terminate in "o," are in the former, sounded as ending in "a." Thus they pronounce lada (pepper) instead of lado. Those words which end with "k" in writing, are, in Sumatra, always softened in speaking, by omitting it; as tabbe bannia, many compliments, for tabbek banniak; but the Malaccans, and especially the more eastern people, who speak a very broad dialect, give them generally the full sound. The personal pronouns also differ materially in the respective countries.

Attempts have been made to compose a grammar of this tongue upon the principles on which those of the European languages are formed. But the inutility of such productions is obvious. Where there is no inflexion of either nouns or verbs there can be no cases, declensions, moods, or conjugations. All this is performed by the addition of certain words expressive of a determinate meaning, which should not be considered as mere auxiliaries, or as particles subservient to other words. Thus, in the instance of rumah, a house; deri pada rumah signifies from a house; but it would be talking without use or meaning to say that deri pada is the sign of the ablative case of that noun, for then every preposition should equally require an appropriate case, and as well as of, to, and from, we should have a case for deatas rumah, on top of the house. So of verbs: kallo saya buli jalan, If I could walk: this may be termed the preter-imperfect tense of the subjunctive or potential mood of the verb jalan; whereas it is in fact a sentence of which jalan, buli, etc. are constituent words. It is improper, I say, to talk of the case of a noun which does not change its termination, or the mood of a verb which does not alter its form. A useful set of observations might be collected for speaking the language with correctness and propriety, but they must be independent of the technical rules of languages founded on different principles.*

(*Footnote. I have ventured to make this attempt, and have also prepared a Dictionary of the language which it is my intention to print with as little delay as circUmstances will admit.)

INTERIOR PEOPLE USE LANGUAGES DIFFERENT FROM THE MALAYAN.

Beside the Malayan there are a variety of languages spoken in Sumatra which however have not only a manifest affinity among themselves, but also to that general language which is found to prevail in, and to be indigenous to all the islands of the eastern sea; from Madagascar to the remotest of Captain Cook's discoveries; comprehending a wider extent than the Roman or any other tongue has yet boasted. Indisputable examples of this connexion and similarity I have exhibited in a paper which the Society of Antiquaries have done me the honour to publish in their Archaeologia, Volume 6. In different places it has been more or less mixed and corrupted, but between the most dissimilar branches an evident sameness of many radical words is apparent, and in some, very distant from each other in point of situation, as for instance the Philippines and Madagascar, the deviation of the words is scarcely more than is observed in the dialects of neighbouring provinces of the same kingdom. To render this comparison of languages more extensive, and if possible to bring all those spoken throughout the world into one point of view, is an object of which I have never lost sight, but my hopes of completing such a work are by no means sanguine.

PECULIAR WRITTEN CHARACTERS.

The principal of these Sumatran languages are the Botta, the Rejang, and the Lampong, whose difference is marked not so much by the want of correspondence in the terms as by the circumstance of their being expressed in distinct and peculiar written characters. But whether this apparent difference be radical and essential, or only produced by accident and the lapse of time, may be thought to admit of doubt; and, in order that the reader may be enabled to form his own judgment, a plate containing the Alphabetical characters of each, with the mode of applying the orthographical marks to those of the Rejang language in particular, is annexed. It would indeed be extraordinary, and perhaps singular in the history of human improvement, that divisions of people in the same island, with equal claims to originality, in stages of civilization nearly equal, and speaking languages derived from the same source, should employ characters different from each other, as well as from the rest of the world. It will be found however that the alphabet used in the neighbouring island of Java (given by Corneille Le Brun), that used by the Tagala people of the Philippines (given by Thevenot), and by the Bugis people of Celebes (given by Captain Forrest), vary at least as much from these and from each other as the Rejang from the Batta. The Sanskrit scholar will at the same time perceive in several of them an analogy to the rhythmical arrangement, terminating with a nasal, which distinguishes the alphabet of that ancient language whose influence is known to have been extensive in this quarter. In the country of Achin, where the language differs considerably from the Malayan, the Arabic character has nevertheless been adopted, and on this account it has less claim to originality.

ON BARK OF TREES AND BAMBOO.

Their manuscripts of any bulk and importance are written with ink of their own making on the inner bark of a tree cut into slips of several feet in length and folded together in squares; each square or fold answering to a page or leaf. For more common occasions they write on the outer coat of a joint of bamboo, sometimes whole but generally split into pieces of two or three inches in breadth, with the point of the weapon worn at their side, which serves the purpose of a stylus; and these writings, or scratchings rather, are often performed with a considerable degree of neatness. Thus the Chinese also are said by their historians to have written on pieces of bamboo before they invented paper. Of both kinds of manuscript I have many specimens in my possession. The lines are formed from the left hand towards the right, contrary to the practice of the Malays and the Arabians.

In Java, Siam, and other parts of the East, beside the common language of the country, there is established a court language spoken by persons of rank only; a distinction invented for the purpose of keeping the vulgar at a distance, and inspiring them with respect for what they do not understand. The Malays also have their bhasa dalam, or courtly style, which contains a number of expressions not familiarly used in common conversation or writing, but yet by no means constituting a separate language, any more than, in English, the elevated style of our poets and historians. Amongst the inhabitants of Sumatra in general disparity of condition is not attended with much ceremonious distance of behaviour between the persons.

(TABLE OF SUMATRAN ALPHABETS.)

(TABLE OF SPECIMENS OF LANGUAGES SPOKEN IN SUMATRA.)

CHAPTER 11.

COMPARATIVE STATE OF THE SUMATRANS IN CIVIL SOCIETY. DIFFERENCE OF CHARACTER BETWEEN THE MALAYS AND OTHER INHABITANTS. GOVERNMENT. TITLES AND POWER OF THE CHIEFS AMONG THE REJANGS. INFLUENCE OF THE EUROPEANS. GOVERNMENT IN PASSUMMAH.

COMPARATIVE STATE OF SUMATRANS IN SOCIETY.

Considered as a people occupying a certain rank in the scale or civil society, it is not easy to determine the proper situation of the inhabitants of this island. Though far distant from that point to which the polished states of Europe have aspired, they yet look down, with an interval almost as great, on the savage tribes of Africa and America. Perhaps if we distinguish mankind summarily into five classes; but of which each would admit of numberless subdivisions; we might assign a third place to the more civilized Sumatrans, and a fourth to the remainder. In the first class I should of course include some of the republics of ancient Greece, in the days of their splendour; the Romans, for some time before and after the Augustan age; France, England, and other refined nations of Europe, in the latter centuries; and perhaps China. The second might comprehend the great Asiatic empires at the period of their prosperity; Persia, the Mogul, the Turkish, with some European kingdoms. In the third class, along with the Sumatrans and a few other states of the eastern archipelago, I should rank the nations on the northern coast of Africa, and the more polished Arabs. The fourth class, with the less civilized Sumatrans, will take in the people of the new discovered islands in the South Sea; perhaps the celebrated Mexican and Peruvian empires; the Tartar hordes, and all those societies of people in various parts of the globe, who, possessing personal property, and acknowledging some species of established subordination, rise one step above the Caribs, the New Hollanders, the Laplanders, and the Hottentots, who exhibit a picture of mankind in its rudest and most humiliating aspect.

FEW IMPROVEMENTS ADOPTED FROM EUROPEANS.

As mankind are by nature so prone to imitation it may seem surprising that these people have not derived a greater share of improvement in manners an arts from their long connection with Europeans, particularly with the English, who have now been settled among them for a hundred years. Though strongly attached to their own habits they are nevertheless sensible of their inferiority, and readily admit the preference to which our attainments in science, and especially in mechanics, entitle us. I have heard a man exclaim, after contemplating the structure and uses of a house-clock, "Is it not fitting that such as we should be slaves to people who have the ingenuity to invent, and the skill to construct, so wonderful a machine as this?" "The sun," he added, "is a machine of this nature." "But who winds it up?" said his companion. "Who but Allah," he replied. This admiration of our superior attainments is however not universal; for, upon an occasion similar to the above, a Sumatran observed, with a sneer, "How clever these people are in the art of getting money."

Some probable causes of this backwardness may be suggested. We carry on few or no species of manufacture at our settlements; everything is imported ready wrought to its highest perfection; and the natives therefore have no opportunity of examining the first process, or the progress of the work. Abundantly supplied with every article of convenience from Europe, and prejudiced in their favour because from thence, we make but little use of the raw materials Sumatra affords. We do not spin its cotton; we do not rear its silkworms; we do not smelt its metals; we do not even hew its stone: neglecting these, it is in vain we exhibit to the people, for their improvement in the arts, our rich brocades, our timepieces, or display to them in drawings the elegance of our architecture. Our manners likewise are little calculated to excite their approval and imitation. Not to insist on the licentiousness that has at times been imputed to our communities; the pleasures of the table; emulation in wine; boisterous mirth; juvenile frolics, and puerile amusements, which do not pass without serious, perhaps contemptuous, animadversion—setting these aside it appears to me that even our best models are but ill adapted for the imitation of a rude, incurious, and unambitious people. Their senses, not their reason, should be acted on, to rouse them from their lethargy; their imaginations must be warmed; a spirit of enthusiasm must pervade and animate them before they will exchange the pleasures of indolence for those of industry. The philosophical influence that prevails and characterizes the present age in the western world is unfavourable to the producing these effects. A modern man of sense and manners despises, or endeavours to despise, ceremony, parade, attendance, superfluous and splendid ornaments in his dress or furniture: preferring ease and convenience to cumbrous pomp, the person first in rank is no longer distinguished by his apparel, his equipage, or his number of servants, from those inferior to him; and though possessing real power is divested of almost every external mark of it. Even our religious worship partakes of the same simplicity. It is far from my intention to condemn or depreciate these manners, considered in a general scale of estimation. Probably, in proportion as the prejudices of sense are dissipated by the light of reason, we advance towards the highest degree of perfection our natures are capable of; possibly perfection may consist in a certain medium which we have already stepped beyond; but certainly all this refinement is utterly incomprehensible to an uncivilized mind which cannot discriminate the ideas of humility and meanness. We appear to the Sumatrans to have degenerated from the more splendid virtues of our predecessors. Even the richness of their laced suits and the gravity of their perukes attracted a degree of admiration; and I have heard the disuse of the large hoops worn by the ladies pathetically lamented. The quick, and to them inexplicable, revolutions of our fashions, are subject of much astonishment, and they naturally conclude that those modes can have but little intrinsic merit which we are so ready to change; or at least that our caprice renders us very incompetent to be the guides of their improvement. Indeed in matters of this kind it is not to be supposed that an imitation should take place, owing to the total incongruity of manners in other respects, and the dissimilarity of natural and local circumstances. But perhaps I am superfluously investigating minute and partial causes of an effect which one general one may be thought sufficient to produce. Under the frigid, and more especially the torrid zone, the inhabitants will naturally preserve an uninterrupted similarity and consistency of manners, from the uniform influence of their climate. In the temperate zones, where this influence is equivocal, the manners will be fluctuating, and dependent rather on moral than physical causes.

DIFFERENCE IN CHARACTER BETWEEN THE MALAYS AND OTHER SUMATRANS.

The Malays and the other native Sumatrans differ more in the features of their mind than in those of their person. Although we know not that this island, in the revolutions of human grandeur, ever made a distinguished figure in the history of the world (for the Achinese, though powerful in the sixteenth century, were very low in point of civilization) yet the Malay inhabitants have an appearance of degeneracy, and this renders their character totally different from that which we conceive of a savage, however justly their ferocious spirit of plunder on the eastern coast may have drawn upon them that name. They seem rather to be sinking into obscurity, though with opportunities of improvement, than emerging from thence to a state of civil or political importance. They retain a strong share of pride, but not of that laudable kind which restrains men from the commission of mean and fraudulent actions. They possess much low cunning and plausible duplicity, and know how to dissemble the strongest passions and most inveterate antipathy beneath the utmost composure of features till the opportunity of gratifying their resentment offers. Veracity, gratitude, and integrity are not to be found in the list of their virtues, and their minds are almost strangers to the sentiments of honour and infamy. They are jealous and vindictive. Their courage is desultory, the effect of a momentary enthusiasm which enables them to perform deeds of incredible desperation; but they are strangers to that steady magnanimity, that cool heroic resolution in battle, which constitutes in our idea the perfection of this quality, and renders it a virtue.* Yet it must be observed that, from an apathy almost paradoxical, they suffer under sentence of death, in cases where no indignant passions could operate to buoy up the mind to a contempt of punishment, with astonishing composure and indifference; uttering little more on these occasions than a proverbial saying, common among them, expressive of the inevitability of fate—apa buli buat? To this stoicism, their belief in predestination, and very imperfect ideas of a future, eternal existence, doubtless contribute.

(*Footnote. In the history of the Portuguese wars in this part of the East there appear some exceptions to this remark, and particularly in the character of Laksamanna (his title of commander-in-chief being mistaken for his proper name), who was truly a great man and most consummate warrior.)

Some writer has remarked that a resemblance is usually found between the disposition and qualities of the beasts proper to any country and those of the indigenous inhabitants of the human species, where an intercourse with foreigners has not destroyed the genuineness of their character. The Malay may thus be compared to the buffalo and the tiger. In his domestic state he is indolent, stubborn, and voluptuous as the former, and in his adventurous life he is insidious, bloodthirsty, and rapacious as the latter. Thus also the Arab is said to resemble his camel, and the placid Hindu his cow.

CHARACTER OF NATIVE SUMATRANS.

The Sumatran of the interior country, though he partakes in some degree of the Malayan vices, and this partly from the contagion of example, possesses many exclusive virtues; but they are more properly of the negative than the positive kind. He is mild, peaceable, and forbearing, unless his anger be roused by violent provocation, when he is implacable in his resentments. He is temperate and sober, being equally abstemious in meat and drink. The diet of the natives is mostly vegetable; water is their only beverage; and though they will kill a fowl or a goat for a stranger, whom perhaps they never saw before, nor ever expect to see again, they are rarely guilty of that extravagance for themselves; nor even at their festivals (bimbang), where there is a plenty of meat, do they eat much of anything but rice. Their hospitality is extreme, and bounded by their ability alone. Their manners are simple; they are generally, except among the chiefs, devoid of the Malay cunning and chicane; yet endued with a quickness of apprehension, and on many occasions discovering a considerable degree of penetration and sagacity. In respect to women they are remarkably continent, without any share of insensibility. They are modest; particularly guarded in their expressions; courteous in their behaviour; grave in their deportment, being seldom or never excited to laughter; and patient to a great degree. On the other hand, they are litigious; indolent; addicted to gaming; dishonest in their dealings with strangers, which they esteem no moral defect; suspicious; regardless of truth; mean in their transactions; servile; though cleanly in their persons, dirty in their apparel, which they never wash. They are careless and improvident of the future, because their wants are few, for though poor they are not necessitous; nature supplying, with extraordinary facility, whatever she has made requisite for their existence. Science and the arts have not, by extending their views, contributed to enlarge the circle of their desires; and the various refinements of luxury, which in polished societies become necessaries of life, are totally unknown to them. The Makassar and Bugis people, who come annually in their praws from Celebes to trade at Sumatra, are looked up to by the inhabitants as their superiors in manners. The Malays affect to copy their style of dress, and frequent allusions to the feats and achievements of these people are made in their songs. Their reputation for courage, which certainly surpasses that of all other people in the eastern seas, acquires them this flattering distinction. They also derive part of the respect paid them from the richness of the cargoes they import, and the spirit with which they spend the produce in gaming, cock-fighting, and opium-smoking.

GOVERNMENT.

Having endeavoured to trace the character of these people with as much fidelity and accuracy as possible, I shall now proceed to give an account of their government, laws, customs, and manners; and, in order to convey to the reader the clearest ideas in my power, I shall develop the various circumstances in such order and connection as shall appear best to answer this intent, without confining myself, in every instance, to a rigid and scrupulous arrangement under distinct heads.

REJANGS DIVIDED INTO TRIBES.

The Rejang people, whom, for reasons before assigned, I have fixed upon for a standard of description, but which apply generally to the orang ulu, or inhabitants of the inland country, are distinguished into tribes, the descendants of different ancestors. Of these there are four principal, who are said to trace their origin to four brothers, and to have been united from time immemorial in a league offensive and defensive; though it may be presumed that the permanency of this bond of union is to be attributed rather to considerations of expediency resulting from their situation than to consanguinity or any formal compact.

THEIR GOVERNMENT.

The inhabitants live in villages, called dusun, each under the government of a headman or magistrate, styled dupati, whose dependants are termed his ana-buah, and in number seldom exceed one hundred. The dupatis belonging to each river (for here, the villages being almost always situated by the waterside, the names we are used to apply to countries or districts are properly those of the rivers) meet in a judicial capacity at the kwalo, where the European factory is established, and are then distinguished by the name of proattin.

PANGERAN.

The pangeran (a Javanese title), or feudal chief of the country, presides over the whole. It is not an easy matter to describe in what consists the fealty of a dupati to his pangeran, or of his ana-buah to himself, so very little in either case is practically observed. Almost without arts, and with but little industry, the state of property is nearly equal among all the inhabitants, and the chiefs scarcely differ but in title from the bulk of the people.

HIS AUTHORITY.

Their authority is no more than nominal, being without that coercive power necessary to make themselves feared and implicitly obeyed. This is the natural result of poverty among nations habituated to peace; where the two great political engines of interest and military force are wanting. Their government is founded in opinion, and the submission of the people is voluntary. The domestic rule of a private family beyond a doubt suggested first the idea of government in society, and, this people having made but small advances in civil policy, theirs continues to retain a strong resemblance of its original. It is connected also with the principle of the feudal system, into which it would probably settle should it attain to a greater degree of refinement. All the other governments throughout the island are likewise a mixture of the patriarchal and feudal; and it may be observed that, where a spirit of conquest has reduced the inhabitants under the subjection of another power, or has added foreign districts to their dominion, there the feudal maxims prevail: where the natives, from situation or disposition, have long remained undisturbed by revolutions, there the simplicity of patriarchal rule obtains; which is not only the first and natural form of government of all rude nations rising from imperceptible beginnings, but is perhaps also the highest state of perfection at which they can ultimately arrive. It is not in this art alone that we perceive the next step from consummate refinement, leading to simplicity.

MUCH LIMITED.

The foundation of right to government among these people seems, as I said, to be the general consent. If a chief exerts an undue authority, or departs from their long established customs and usages, they conceive themselves at liberty to relinquish their allegiance. A commanding aspect, an insinuating manner, a ready fluency in discourse, and a penetration and sagacity in unravelling the little intricacies of their disputes, are qualities which seldom fail to procure to their possessor respect and influence, sometimes perhaps superior to that of an acknowledged chief. The pangean indeed claims despotic sway, and as far as he can find the means scruples not to exert it; but, his revenues being insufficient to enable him to keep up any force for carrying his mandates into execution, his actual powers are very limited, and he has seldom found himself able to punish a turbulent subject any otherwise than by private assassination. In appointing the heads of dusuns he does little more than confirm the choice already made among the inhabitants, and, were he arbitrarily to name a person of a different tribe or from another place, he would not be obeyed. He levies no tax, nor has any revenue (what he derives from the India Company being out of the question), or other emolument from his subjects than what accrues to him from the determination of causes. Appeals lie to him in all cases, and none of the inferior courts or assemblies of proattins are competent to pronounce sentence of death. But, all punishments being by the laws of the country commutable for fines, and the appeals being attended with expense and loss of time, the parties generally abide by the first decision. Those dusuns which are situated nearest to the residence of the pangeran, at Sungey-lamo, acknowledge somewhat more of subordination than the distant ones, which even in case of war esteem themselves at liberty to assist or not, as they think proper, without being liable to consequences. In answer to a question on this point, "we are his subjects, not his slaves," replied one of the proattins. But from the pangeran you hear a tale widely different. He has been known to say, in a political conversation, "such and such dusuns there will be no trouble with; they are my powder and shot;" explaining himself by adding that he could dispose of the inhabitants, as his ancestors had done, to purchase ammunition in time of war.

ORIGIN OF THE PANGERAN IN RAJANG.

The father of Pangeran Mangko Raja (whose name is preserved from oblivion by the part he took in the expulsion of the English from Fort Marlborough in the year 1719) was the first who bore the title of pangeran of Sungey-lamo. He had before been simply Baginda Sabyam. Until about a hundred years ago the southern coast of Sumatra as far as Urei River was dependant on the king of Bantam, whose Jennang (lieutenant or deputy) came yearly to Silebar or Bencoolen, collected the pepper and filled up the vacancies by nominating, or rather confirming in their appointments, the proattins. Soon after that time, the English having established a settlement at Bencoolen, the jennang informed the chiefs that he should visit them no more, and, raising the two headmen of Sungey-lamo and Sungey-itam (the latter of whom is chief of the Lemba country in the neighbourhood of Bencoolen River; on which however the former possesses some villages, and is chief of the Rejang tribes), to the dignity of pangeran, gave into their hands the government of the country, and withdrew his master's claim. Such is the account given by the present possessors of the origin of their titles, which nearly corresponds with the recorded transactions of the period. It followed naturally that the chief thus invested should lay claim to the absolute authority of the king whom he represented, and on the other hand that the proattins should still consider him but as one of themselves, and pay him little more than nominal obedience. He had no power to enforce his plea, and they retain their privileges, taking no oath of allegiance, nor submitting to be bound by any positive engagement. They speak of him however with respect, and in any moderate requisition that does not affect their adat or customs they are ready enough to aid him (tolong, as they express it), but rather as matter of favour than acknowledged obligation.

The exemption from absolute subjection, which the dupatis contend for, they allow in turn to their ana-buahs, whom they govern by the influence of opinion only. The respect paid to one of these is little more than as to an elder of a family held in esteem, and this the old men of the dusun share with him, sitting by his side in judgment on the little differences that arise among themselves. If they cannot determine the cause, or the dispute be with one of a separate village, the neighbouring proattins of the same tribe meet for the purpose. From these litigations arise some small emoluments to the dupati, whose dignity in other respects is rather an expense than an advantage. In the erection of public works, such as the ballei or town hall, he contributes a larger share of materials. He receives and entertains all strangers, his dependants furnishing their quotas of provision on particular occasions; and their hospitality is such that food and lodging are never refused to those by whom they are required.

SUCCESSION OF DUPATIS.

Though the rank of dupati is not strictly hereditary the son, when of age and capable, generally succeeds the father at his decease: if too young, the father's brother, or such one of the family as appears most qualified, assumes the post; not as a regent but in his own right; and the minor comes in perhaps at the next vacancy. If this settlement happens to displease any portion of the inhabitants they determine amongst themselves what chief they will follow, and remove to his village, or a few families, separating themselves from the rest, elect a chief, but without contesting the right of him whom they leave. The chiefs, when nominated, do not however assume the title of dupati until confirmed by the pangeran, or by the Company's Resident. On every river there is at least one superior proattin, termed a pambarab, who is chosen by the rest and has the right or duty of presiding at those suits and festivals in which two or more villages are concerned, with a larger allotment of the fines, and (like Homer's distinguished heroes) of the provisions also. If more tribes than one are settled on the same river each has usually its pambarab. Not only the rivers or districts but indeed each dusun is independent of, though not unconnected with, its neighbours, acting in concert with them by specific consent.

INFLUENCE OF THE EUROPEANS.

The system of government among the people near the sea-coast, who, towards the southern extreme of the island, are the planters of pepper, is much influenced by the power of the Europeans, who are virtually the lords paramount, and exercise in fact many of the functions of sovereignty. The advantages derived to the subject from their sway, both in a political and civil sense, are infinitely greater than persons at a distance are usually inclined to suppose. Oppressions may be some times complained of at the hands of individuals, but, to the honour of the Company's service let me add, they have been very rare and of inconsiderable magnitude. Where a degree of discretionary power is intrusted to single persons abuses will, in the nature of things, arise in some instances; cases may occur in which the private passions of the Resident will interfere with his public duty; but the door has ever been open for redress, and examples have been made. To destroy this influence and authority in order to prevent these consequences were to cut off a limb in order to remove a partial complaint. By the Company's power the districts over which it extends are preserved in uninterrupted peace. Were it not for this power every dusun of every river would be at war with its neighbour. The natives themselves allow it, and it was evinced, even in the short space of time during which the English were absent from the coast, in a former war with France. Hostilities of district against district, so frequent among the independent nations to the northward, are, within the Company's jurisdiction, things unheard of; and those dismal catastrophes which in all the Malayan islands are wont to attend on private feuds but very rarely happen. "I tell you honestly," said a dupati, much irritated against one of his neighbours, "that it is only you," pointing to the Resident of Laye, "that prevents my plunging this weapon into his breast." The Resident is also considered as the protector of the people from the injustice and oppression of the chiefs. This oppression, though not carried on in the way of open force, which the ill-defined nature of their authority would not support, is scarcely less grievous to the sufferer. Expounders of the law, and deeply versed in the chicanery of it, they are ever lying in wait to take advantage of the necessitous and ignorant, till they have stripped them of their property, their family, and their personal liberty. To prevent these practices the partial administration of justice in consequence of bribes, the subornation of witnesses, and the like iniquities, a continual exertion of the Resident's attention and authority is required, and, as that authority is accidentally relaxed, the country falls into confusion.

It is true that this interference is not strictly consonant with the spirit of the original contracts entered into by the Company with the native chiefs, who, in consideration of protection from their enemies, regular purchase of the produce of their country, and a gratuity to themselves proportioned to the quantity of that produce, undertake on their part to oblige their dependants to plant pepper, to refrain from the use of opium, the practice of gaming, and other vicious excesses, and to punish them in case of non-compliance. But, however prudent or equal these contracts might have been at the time their form was established, a change of circumstances, the gradual and necessary increase of the Company's sway which the peace and good of the country required, and the tacit consent of the chiefs themselves (among whom the oldest living have never been used to regard the Company, who have conferred on them their respective dignities, as their equals, or as trading in their districts upon sufferance), have long antiquated them; and custom and experience have introduced in their room an influence on one side, and a subordination on the other, more consistent with the power of the Company and more suitable to the benefits derived from the moderate and humane exercise of that power. Prescription has given its sanction to this change, and the people have submitted to it without murmuring, as it was introduced not suddenly but with the natural course of events, and bettered the condition of the whole while it tended to curb the rapacity of the few. Then let not short-sighted or designing persons, upon false principles of justice, or ill-digested notions of liberty, rashly endeavour to overturn a scheme of government, doubtless not perfect, but which seems best adapted to the circumstances it has respect to, and attended with the fewest disadvantages. Let them not vainly exert themselves to procure redress of imaginary grievances, for persons who complain not, or to infuse a spirit of freedom and independence, in a climate where nature possibly never intended they should flourish, and which, if obtained, would apparently be attended with effects that all their advantages would badly compensate.

GOVERNMENT IN PASSUMMAH.

In Passummah, which nearly borders upon Rejang, to the southward, there appears some difference in the mode of government, though the same spirit pervades both; the chiefs being equally without a regular coercive power, and the people equally free in the choice of whom they will serve. This is an extensive and comparatively populous country, bounded on the north by that of Lamattang, and on the south-east by that of Lampong, the river of Padang-guchi marking the division from the latter, near the sea-coast. It is distinguished into Passummah lebbar, or the broad, which lies inland, extending to within a day's journey of Muaro Mulang, on Palembang River; and Passummah ulu Manna, which is on the western side of the range of hills, whither the inhabitants are said to have mostly removed in order to avoid the government of Palembang.

It is governed by four pangerans, who are independent of each other but acknowledge a kind of sovereignty in the sultan of Palembang, from whom they hold a chap (warrant) and receive a salin (investiture) on their accession. This subordination is the consequence of the king of Bantam's former influence over this part of the island, Palembang being a port anciently dependent on him, and now on the Dutch, whose instrument the sultan is. There is an inferior pangeran in almost every dusun (that title being nearly as common in Passummah as dupati towards the sea-coast) who are chosen by the inhabitants, and confirmed by the superior pangeran, whom they assist in the determination of causes. In the low country, where the pepper-planters reside, the title of kalippah prevails; which is a corruption of the Arabic word khalifah, signifying a vicegerent. Each of these presides over various tribes, which have been collected at different times (some of them being colonists from Rejang, as well as from a country to the eastward of them, named Haji) and have ranged themselves, some under one and some under another chief; having also their superior proattin, or pambarab, as in the northern districts. On the rivers of Peeno, Manna, and Bankannon are two kalippahs respectively, some of whom are also pangerans, which last seems to be here rather a title of honour, or family distinction, than of magistracy. They are independent of each other, owning no superior; and their number, according to the ideas of the people, cannot be increased.

CHAPTER 12.

LAWS AND CUSTOMS. MODE OF DECIDING CAUSES. CODE OF LAWS.

LAWS OR CUSTOMS.

There is no word in the languages of the island which properly and strictly signifies law; nor is there any person or class of persons among the Rejangs regularly invested with a legislative power. They are governed in their various disputes by a set of long-established customs (adat), handed down to them from their ancestors, the authority of which is founded on usage and general consent. The chiefs, in pronouncing their decisions, are not heard to say, "so the law directs," but "such is the custom." It is true that, if any case arises for which there is no precedent on record (of memory), they deliberate and agree on some mode that shall serve as a rule in future similar circumstances. If the affair be trifling that is seldom objected to; but when it is a matter of consequence the pangeran, or kalippah (in places where such are present), consults with the proattins, or lower order of chiefs, who frequently desire time to consider of it, and consult with the inhabitants of their dusun. When the point is thus determined the people voluntarily submit to observe it as an established custom; but they do not acknowledge a right in the chiefs to constitute what laws they think proper, or to repeal or alter their ancient usages, of which they are extremely tenacious and jealous. It is notwithstanding true that, by the influence of the Europeans, they have at times been prevailed on to submit to innovations in their customs; but, except when they perceived a manifest advantage from the change, they have generally seized an opportunity of reverting to the old practice.

MODE OF DECIDING CAUSES.

All causes, both civil and criminal, are determined by the several chiefs of the district, assembled together at stated times for the purpose of distributing justice. These meetings are called becharo (which signifies also to discourse or debate), and among us, by an easy corruption, bechars. Their manner of settling litigations in points of property is rather a species of arbitration, each party previously binding himself to submit to the award, than the exertion of a coercive power possessed by the court for the redress of wrongs.

The want of a written criterion of the laws and the imperfect stability of traditionary usage must frequently, in the intricacies of their suits, give rise to contradictory decisions; particularly as the interests and passions of the chiefs are but too often concerned in the determination of the causes that come before them.

COMPILATION OF LAWS.

This evil had long been perceived by the English Residents, who, in the countries where we are settled, preside at the bechars, and, being instigated by the splendid example of the Governor-general of Bengal (Mr. Hastings), under whose direction a code of the laws of that empire was compiled (and translated by Mr. Halhed), it was resolved that the servants of the Company at each of the subordinates should, with the assistance of the ablest and most experienced of the natives, attempt to reduce to writing and form a system of the usages of the Sumatrans in their respective residencies. This was accordingly executed in some instances, and, a translation of that compiled in the residency of Laye coming into my possession, I insert it here, in the original form, as being attended with more authority and precision than any account furnished from my own memorandums could pretend to.

REJANG LAWS.

For the more regular and impartial administration of justice in the Residency of Laye, the laws and customs of the Rejangs, hitherto preserved by tradition, are now, after being discussed, amended, and ratified, in an assembly of the pangeran, pambarabs, and proattins, committed to writing in order that they may not be liable to alteration; that those deserving death or fine may meet their reward; that causes may be brought before the proper judges, and due amends made for defaults; that the compensation for murder may be fully paid; that property may be equitably divided; that what is borrowed may be restored; that gifts may become the undoubted property of the receiver; that debts may be paid and credits received agreeably to the customs that have been ever in force beneath the heavens and on the face of the earth. By the observance of the laws a country is made to flourish, and where they are neglected or violated ruin ensues.

BECHARS, SUITS, OR TRIALS.

PROCESS IN SUITS.

The plaintiff and defendant first state to the bench the general circumstances of the case. If their accounts differ, and they consent to refer the matter to the decision of the proattins or bench, each party is to give a token, to the value of a suku, that he will abide by it, and to find security for the chogo, a sum stated to them, supposed to exceed the utmost probable damages.

If the chogo do not exceed 30 dollars the bio or fee paid by each is 1 1/4 dollars. If the chogo do not exceed 30 to 50 dollars the bio or fee paid by each is 2 1/2 dollars. If the chogo do not exceed 50 to 100 dollars the bio or fee paid by each is 5 dollars. If the chogo do not exceed 100 dollars and upwards the bio or fee paid by each is 9 dollars.

All chiefs of dusuns, or independent tallangs, are entitled to a seat on the bench upon trials.

If the pangeran sits at the bechar he is entitled to one half of all bio, and of such fines, or shares of fines, as fall to the chiefs, the pambarabs, and other proattins dividing the remainder.

If the pangeran be not present the pambarabs have one-third, and the other proattins two-thirds of the foregoing. Though a single pambarab only sit he is equally entitled to the above one-third. Of the other proattins five are requisite to make a quorum.

No bechar, the chogo of which exceeds five dollars, to be held by the proattins, except in the presence of the Company's Resident, or his assistant.

If a person maliciously brings a false accusation and it is proved such, he is liable to pay a sum equal to that which the defendant would have incurred had his design succeeded; which sum is to be divided between the defendant and the proattins, half and half.

The fine for bearing false witness is twenty dollars and a buffalo.

The punishment of perjury is left to the superior powers (orang alus). Evidence here is not delivered on previous oath.

LAWS OF INHERITANCE.

If the father leaves a will, or declares before witnesses his intentions relative to his effects or estate, his pleasure is to be followed in the distribution of them amongst his children.

If he dies intestate and without declaring his intentions the male children inherit, share and share alike, except that the house and pusako (heirlooms, or effects on which, from various causes, superstitious value is placed) devolve invariably to the eldest.

The mother (if by the mode of marriage termed jujur, which, with the other legal terms, will be hereafter explained) and the daughters are dependant on the sons.

If a man, married by semando, dies, leaving children, the effects remain to the wife and children. If the woman dies, the effects remain to the husband and children. If either dies leaving no children the family of the deceased is entitled to half the effects.

OUTLAWRY.

Any person unwilling to be answerable for the debts or actions of his son or other relation under his charge may outlaw him, by which he, from that period, relinquishes all family connexion with him, and is no longer responsible for his conduct.

The outlaw to be delivered up to the Resident or pangeran, accompanied with his writ of outlawry, in duplicate, one copy to be lodged with the Resident, and one with the outlaw's pambarab.

The person who outlaws must pay all debts to that day.

On amendment, the outlaw may be recalled to his family, they paying such debts as he may have contracted whilst outlawed, and redeeming his writ by payment of ten dollars and a goat, to be divided among the pangeran and pambarabs.

If an outlaw commits murder he is to suffer death.

If murdered, a bangun, or compensation, of fifty dollars, is to be paid for him to the pangeran.

If an outlaw wounds a person he becomes a slave to the Company or pangeran for three years. If he absconds and is afterwards killed no bangun is to be paid for him.

If an outlaw wounds a person and is killed in the scuffle no bangun is to be paid for him.

If the relations harbour an outlaw they are held willing to redeem him, and become answerable for his debts.

THEFT.

A person convicted of theft pays double the value of the goods stolen, with a fine of twenty dollars and a buffalo, if they exceed the value of five dollars: if under five dollars the fine is five dollars and a goat; the value of the goods still doubled.

All thefts under five dollars, and all disputes for property, or offences to that amount, may be compromised by the proattins whose dependants are concerned.

Neither assertion nor oath of the prosecutor are sufficient for conviction without token (chino) of the robbery, namely, some article recovered of the goods stolen; or evidence sufficient.

If any person, having permission to pass the night in the house of another, shall leave it before daybreak, without giving notice to the family, he shall be held accountable for any thing that may be that night missing.

If a person passing the night in the house of another does not commit his effects to the charge of the owner of it, the latter is not accountable if they are stolen during the night. If he has given them in charge, and the stranger's effects only are lost during the night, the owner of the house becomes accountable. If effects both of the owner and lodger are stolen, each is to make oath to the other that he is not concerned in the robbery, and the parties put up with their loss, or retrieve it as they can.

Oaths are usually made on the koran, or at the grave of an ancestor, according as the Mahometan religion prevails more or less. The party intended to be satisfied by the oath generally prescribes the mode and purport of it.

BANGUN, OR COMPENSATION FOR MURDER.

The bangun or compensation for the murder of a pambarab is 500 dollars. The bangun or compensation for the murder of an inferior proattin is 250 dollars. The bangun or compensation for the murder of a common person, man or boy, is 80 dollars. The bangun or compensation for the murder of a common person, woman or girl, is 150 dollars. The bangun or compensation for the murder of the legitimate children or wife of a pambarab is 250 dollars.

Exclusive of the above, a fine of fifty dollars and a buffalo as tippong bumi (expiation), is to be paid on the murder of a pambarab; of twenty dollars and a buffalo on the murder of any other; which goes to the pambarab and proattins.

The bangun of an outlaw is fifty dollars without tippong bumi.

No bangun is to be paid for a person killed in the commission of a robbery.

The bangun of pambarabs and proattins is to be divided between the pangeran and pambarabs one half; and the family of the deceased the other half.

The bangun of private persons is to be paid to their families; deducting the adat ulasan of ten per cent to the pambarabs and proattins.

If a man kills his slave he pays half his price as bangun to the pangeran, and the tippong bumi to the proattins.

If a man kills his wife by jujur he pays her bangun to her family, or to the proattins, according as the tali kulo subsists or not.

If a man kills or wounds his wife by semando he pays the same as for a stranger.

If a man wounds his wife by jujur slightly he pays one tail or two dollars.

If a man wounds his wife by jujur with a weapon and an apparent intention of killing her he pays a fine of twenty dollars.

If the tali kulo (tie of relationship) is broken the wife's family can no longer claim bangun or fine: they revert to the proattins.

If a pambarab wounds his wife by jujur he pays five dollars and a goat.

If a pambarab's daughter, married by jujur, is wounded by her husband he pays five dollars and a goat.

For a wound occasioning the loss of an eye or limb or imminent danger of death half the bangun is to be paid.

For a wound on the head the pampas or compensation is twenty dollars.

For other wounds the pampas from twenty dollars downwards.

If a person is carried off and sold beyond the hills the offender, if convicted, must pay the bangun. If the person has been recovered previous to the trial the offender pays half the bangun.

If a man kills his brother he pays to the proattins the tippong bumi.

If a wife kills her husband she must suffer death.

If a wife by semando wounds her husband her relations must pay what they would receive if he wounded her.

DEBTS AND CREDITS.

DEBTS.

On the death of a person in debt (unless he die an outlaw, or married byambel-anak) his nearest relation becomes accountable to the creditors.

Of a person married by ambel-anak the family he married into is answerable for debts contracted during the marriage: such as were previous to it his relations must pay.

A father, or head of a family, has hitherto been in all cases liable to the debts of his sons, or younger relations under his care; but to prevent as much as possible his suffering by their extravagance it is now resolved:

That if a young unmarried man (bujang) borrows money, or purchases goods without the concurrence of his father, or of the head of his family, the parent shall not be answerable for the debt. Should the son use his father's name in borrowing it shall be at the lender's risk if the father disavows it.

If any person gives credit to the debtor of another (publicly known as such, either in the state of mengiring, when the whole of his labour belongs to the creditor, or of be-blah, when it is divided) the latter creditor can neither disturb the debtor for the sum nor oblige the former to pay it. He must either pay the first debt (membulati, consolidate) or let his claim lie over till the debtor finds means to discharge it.

Interest of money has hitherto been three fanams per dollar per month, or one hundred and fifty per cent per annum. It is now reduced to one fanam, or fifty per cent per annum, and no person is to receive more, under penalty of fine, according to the circumstances of the case.

No more than double the principal can in any case be recovered at law. A person lending money at interest, and letting it lie over beyond two years, loses the surplus.

No pepper-planter to be taken as a debtor mengiring, under penalty of forty dollars.

A planter in debt may engage in any work for hire that does not interfere with the care of his garden, but must on no account mengiring, even though his creditor offers to become answerable for the care of his garden.

If a debtor mengiring absconds from his master (or creditor, who has a right to his personal service) without leave of absence he is liable to an increase of debt at the rate of three fanams per day. Females have been hitherto charged six fanams, but are now put upon a footing the same as the men.

If a debtor mengiring, without security, runs away, his debt is liable to be doubled if he is absent above a week.

If a man takes a person mengiring, without security for the debt, should the debtor die in that predicament the creditor loses his money, having no claim on the relations for it.

If a person takes up money under promise of mengiring at a certain period, should he not perform his agreement he must pay interest for the money at one fanam per dollar per month.

If a person, security for another, is obliged to pay the debt he is entitled to demand double from the debtor; but this claim to be moderated according to circumstances.

If a person sues for a debt which is denied the onus probandi lies with the plaintiff. If he fails in proof the defendant, on making oath to the justness of his denial, shall be acquitted.

If a debtor taking care of a pepper garden, or one that gives half produce to his creditor (be-blah), neglects it, the person in whose debt he is must hire a man to do the necessary work; and the hire so paid shall be added to the debt. Previous notice shall however be given to the debtor, that he may if he pleases avoid the payment of the hire by doing the work himself.

If a person's slave, or debtor mengiring, be carried off and sold beyond the hills the offender is liable to the bangun, if a debtor, or to his price, if a slave. Should the person be recovered the offender is liable to a fine of forty dollars, of which the person that recovers him has half, and the owner or creditor the remainder. If the offender be not secured the reward shall be only five dollars to the person that brings the slave, and three dollars the debtor, if on this side the hills; if from beyond the hills the reward is doubled.

LAWS REGARDING MARRIAGE.

The modes of marriage prevailing hitherto have been principally by jujur, or by ambel-anak, the Malay semando being little used. The obvious ill consequences of the two former, from the debt or slavery they entailed upon the man that married, and the endless lawsuits they gave rise to, have at length induced the chiefs to concur in their being as far as possible laid aside; adopting in lieu of them the semando malayo, or mardiko, which they now strongly recommend to their dependants as free from the encumbrances of the other modes, and tending, by facilitating marriage, and the consequent increase of population, to promote the welfare of their country. Unwilling, however, to abolish arbitrarily a favourite custom of their ancestors, marriage by jujur is still permitted to take place, but under such restrictions as will, it is hoped, effectually counteract its hitherto pernicious consequences. Marriage by ambel-anak, which rendered a man and his descendants the property of the family he married into, is now prohibited, and none permitted for the future, but, by semando, or jujur, subject to the following regulations.

The jujur of a virgin (gadis) has been hitherto one hundred and twenty dollars: the adat annexed to it have been tulis-tanggil, fifteen dollars; upah daun kodo, six dollars, and tali kulo, five dollars:

The jujur of a widow, eighty dollars, without the adat; unless her children by the former marriage went with her, in which case the jujur gadis was paid in full.

It is now determined that, on a man's giving his daughter in marriage by jujur for the future, there shall, in lieu of the above, be fixed a sum not exceeding one hundred and fifty dollars, to be in full for jujur and all adat whatever. That this sum shall, when the marriage takes place, be paid upon the spot; that if credit is given for the whole, or any part, it shall not be recoverable by course of law; and as the sum includes the tali kulo, or bond of relationship, the wife thereby becomes the absolute property of the husband. The marriage by jujur being thus rendered equivalent to actual sale, and the difficulty enhanced by the necessity of paying the full price upon the spot, it is probable that the custom will in a great measure cease, and, though not positively, be virtually abolished. Nor can a lawsuit follow from any future jujur.

The adat, or custom, of the semando malayo or mardiko, to be paid by the husband to the wife's family upon the marriage taking place, is fixed at twenty dollars and a buffalo, for such as can afford it; and at ten dollars and a goat, for the poorer class of people.

Whatever may be acquired by either party during the subsistence of the marriage becomes joint property, and they are jointly liable to debts incurred, if by mutual consent. Should either contract debts without the knowledge and consent of the other the party that contracts must alone bear them in case of a divorce.

If either party insists upon, or both agree in it, a divorce must follow. No other power can separate them. The effects, debts, and credits in all cases to be equally divided. If the man insists upon the divorce he pays a charo of twenty dollars to the wife's family, if he obtained her a virgin; if a widow, ten dollars. If the woman insists on the divorce no charo is to be paid. If both agree in it the man pays half the charo.

If a man married by semando dies—Vide Inheritance.

If a man carries off a woman with her consent, and is willing either to pay her price at once by jujur, or marry her by semando, as the father or relations please, they cannot reclaim the woman, and the marriage takes place.

If a man carries off a girl under age (which is determined by her not having her ears bored and teeth filed—bulum bertinde berdabong), though with her own consent, he pays, exclusive of the adat jujur, or semando, twenty dollars if she be the daughter of a pambarab, and ten dollars for the daughter of any other, whether the marriage takes place or not.

If a risau, or person without property and character, carries off a woman (though with her own consent) and can neither pay the jujur, nor adat semando, the marriage shall not take place, but the man be fined five dollars and a goat for misdemeanour. If she be under age, his fine ten dollars and a goat.

If a man has but one daughter, whom, to keep her near him, he wishes to give in marriage by semando; should a man carry her off, he shall not be allowed to keep her by jujur, though he offer the money upon the spot. If he refuses to marry her by semando, no marriage takes place, and he incurs a fine to the father of ten dollars and a goat.

If a man carries off a woman under pretence of marriage he must lodge her immediately with some reputable family. If he carries her elsewhere, for a single night he incurs a fine of fifty dollars, payable to her parents or relations.

If a man carries off a virgin against her inclination (me-ulih) he incurs a fine of twenty dollars and a buffalo: if a widow, ten dollars and a goat, and the marriage does not take place. If he commits a rape, and the parents do not choose to give her to him in marriage, he incurs a fine of fifty dollars.

The adat libei, or custom of giving one woman in exchange for another taken in marriage, being a modification of the jujur, is still admitted of; but if the one be not deemed an equivalent for the other the necessary compensation (as the pangalappang, for nonage) must be paid upon the spot, or it is not recoverable by course of law. If a virgin is carried off (te-lari gadis) and another is given in exchange for her, by adat libei, twelve dollars must be paid with the latter as adat ka-salah.

A man married by ambel-anak may redeem himself and family on payment of the jujur and adat of a virgin before-mentioned.

The charo of a jujur marriage is twenty-five dollars. If the jujur be not yet paid in full and the man insists on a divorce he receives back what he has paid, less twenty-five dollars. If the woman insists no charo can be claimed by her relations. If the tali kulo is putus (broken) the wife is the husband's property and he may sell her if he pleases.

If a man compels a female debtor of his to cohabit with him her debt, if the fact be proved, is thereby discharged, if forty dollars and upwards: if under forty the debt is cleared and he pays the difference. If she accuses her master falsely of this offence her debt is doubled. If he cohabits with her by her consent her parents may compel him to marry her, either by jujur or semando, as they please.

If an unmarried woman proves with child the man against whom the fact is proved must marry her; and they pay to the proattins a joint fine of twenty dollars and a buffalo. This fine, if the parties agree to it, may be levied in the country by the neighbouring proattins (without bringing it before the regular court).

If a woman proves with child by a relation within the prohibited degrees they pay to the proattins a joint fine of twice fifty dollars and two buffaloes (hukum duo akup).

A marriage must not take place between relations within the third degree, or tungal nene. But there are exceptions for the descendants of females who, passing into other families, become as strangers. Of two brothers, the children may not intermarry. A sister's son may marry a brother's daughter; but a brother's son may not marry a sister's daughter.

If relations within the prohibited degrees intermarry they incur a fine of twice fifty dollars and two buffaloes, and the marriage is not valid.

On the death of a man married by jujur or purchase, any of his brothers, the eldest in preference, if he pleases, may succeed to his bed. If no brother chooses it they may give the woman in marriage to any relation on the father's side, without adat, the person who marries her replacing the deceased (mangabalu). If no relation takes her and she is given in marriage to a stranger he may be either adopted into the family to replace the deceased, without adot, or he may pay her jujur, or take her by semando, as her relations please.

If a person lies with a man's wife by force he is deserving of death; but may redeem his head by payment of the bangun, eighty dollars, to be divided between the husband and proattins.

If a man surprises his wife in the act of adultery he may put both man and woman to death upon the spot, without being liable to any bangun. If he kills the man and spares his wife he must redeem her life by payment of fifty dollars to the proattins. If the husband spares the offender, or has only information of the fact from other persons, he may not afterwards kill him, but has his remedy at law, the fine for adultery being fifty dollars, to be divided between the husband and the proattins. If he divorces his wife on this account he pays no charo.

If a younger sister be first married, the husband pays six dollars, adat pelalu, for passing over the elder.

GAMING.

All gaming, except cock-fighting at stated periods, is absolutely prohibited. The fine for each offence is fifty dollars. The person in whose house it is carried on, if with his knowledge, is equally liable to the fine with the gamesters. A proattin knowing of gaming in his dusun and concealing it incurs a fine of twenty dollars. One half of the fines goes to the informer, the other to the Company, to be distributed among the industrious planters at the yearly payment of the customs.

OPIUM FARM.

The fine for the retailing of opium by any other than the person who farms the license is fifty dollars for each offence: one half to the farmer, and the other to the informer.

EXECUTIVE POWER.

The executive power for enforcing obedience to these laws and customs, and for preserving the peace of the country, is, with the concurrence of the pangeran and proattins, vested in the Company's Resident.

Done at Laye, in the month Rabia-al akhir, in the year of the Hejra 1193, answering to April 1779.

JOHN MARSDEN, Resident.

...

LAWS OR ADAT OF MANNA.

Having procured likewise a copy of the regulations sanctioned by the chiefs of the Passummah country assembled at Manna, I do not hesitate to insert it, not only as varying in many circumstances from the preceding, but because it may eventually prove useful to record the document.

INHERITANCE.

If a person dies having children these inherit his effects in equal portions, and become answerable for the debts of the deceased. If any of his brothers survive they may be permitted to share with their nephews, but rather as matter of courtesy than of right, and only when the effects of the deceased devolved to him from his father or grandfather. If he was a man of rank it is common for the son who succeeds him in title to have a larger share. This succession is not confined to the eldest born but depends much on private agreement in the family. If the deceased person leaves no kindred behind him the tribe to which he belonged shall inherit his effects, and be answerable for his debts.

DEBTS.

When a debt becomes due and the debtor is unable to pay his creditors, or has no effects to deposit, he shall himself, or his wife, or his children, live with the creditor as a bond-slave or slaves until redeemed by the payment of the debt.

If a debt is contracted without any promise of interest none shall be demanded, although the debt be not paid until some time after it first became due. The rate of interest is settled at twenty per cent per annum; but in all suits relating to debts on interest, how long soever they may have been outstanding, the creditor shall not be entitled to more interest than may amount to a sum equal to the capital: if the debt is recent it shall be calculated as above. If any person lends to another a sum exceeding twenty-five dollars and sues for payment before the chiefs he shall be entitled only to one year's interest on the sum lent. If money is lent to the owner of a padi-plantation, on an agreement to pay interest in grain, and after the harvest is over the borrower omits to pay the stipulated quantity, the lender shall be entitled to receive at the rate of fifteen dollars for ten lent; and if the omission should be repeated another season the lender shall be entitled to receive double the principal. In all cases of debt contested the onus probandi lies with the demandant, who must make good his claim by creditable evidence, or in default thereof the respondent may by oath clear himself from the debt. On the other hand, if the respondent allows such a debt to have existed but asserts a previous payment, it rests with him to prove such payment by proper evidence, or in defect the demandant shall by oath establish his debt.

EVIDENCE AND OATHS.

EVIDENCE.

In order to be deemed a competent and unexceptionable evidence person must be of a different family and dusun from the person in whose behalf he gives evidence, of good character, and a free man: but if the dispute be between two inhabitants of the same dusun persons of such dusun are allowed to be complete evidence. In respect to the oath taken by the principals in a dispute the hukuman (or comprehensive quality of the oath) depends on the nature of the property in dispute: if it relates to the effects of the grandfather the hukuman must extend to the descendants from the grandfather; if it relates to the effects of the father it extends to the descendants of the father, etc. If any of the parties proposed to be included in the operation of the oath refuse to subject themselves to the oath the principal in the suit loses his cause.

PAWNS OR PLEDGES.

If any person holding a pawn or pledge such as wearing-apparel, household effects, or krises, swords, or kujur (lances), shall pledge it for a larger sum than he advanced for it, he shall be answerable to the owner for the full value of it, on payment of the sum originally advanced. If any person holding as a pledge man, woman, or child shall pledge them to any other at an advanced sum, or without the knowledge of the owner, and by these means the person pledged should be sold as a slave, he shall make good to the owner the full value of such slave, and pay a fine of twenty-eight dollars. If any person whatever holding man, woman, or child as a pawn, either with janji lalu (term expired) or not, or with or without the consent of the original owner, shall sell such person as a slave without the knowledge of the Resident and Chiefs, he shall be fined twenty-eight dollars.

BUFFALOES.

CATTLE.

All persons who keep buffaloes shall register at the godong (factory-house) their tingas or mark; and, in case any dispute shall arise about a marked buffalo, no person shall be allowed to plead a mark that is not registered. If any wild (stray) buffalo or buffaloes, unmarked, shall be taken in a kandang (staked inclosure) they shall be adjudged the property of any who takes upon himself to swear to them; and, if it should happen that two or more persons insist upon swearing to the same buffaloes, they shall be divided among them equally. If no individual will swear to the property the buffaloes are to be considered as belonging to the kalippah or magistrate of the district where they were caught. The person who takes any buffaloes in his kandang shall be entitled to a gratuity of two dollars per head. If any buffaloes get into a pepper-garden, either by day or night, the owner of the garden shall have liberty to kill them, without being answerable to the owner of the buffaloes: yet, if it shall appear on examination that the garden was not properly fenced, and from this defect suffers damage, the owner shall be liable to such fine as the Resident and Chiefs shall judge it proper to impose.

THEFT.

A person convicted of stealing money, wearing-apparel, household effects, arms, or the like shall pay the owner double the value of the goods stolen and be fined twenty-eight dollars. A person convicted of stealing slaves shall pay to the owner at the rate of eighty dollars per head, which is estimated to be double the value, and fined twenty-eight dollars. A person convicted of stealing betel, fowls, or coconuts shall pay the owner double the value and be fined seven dollars, half of which fine is to be received by the owner. If buffaloes are stolen they shall be valued at twelve dollars per head: padi at four bakul (baskets) for the dollar. If the stolen goods be found in the possession of a person who is not able to account satisfactorily how he came by them he shall be deemed the guilty person. If a person attempting to seize a man in the act of thieving shall get hold of any part of his clothes which are known, or his kris or siwah, this shall be deemed a sufficient token of the theft. If two witnesses can be found who saw the stolen goods in possession of a third person such person shall be deemed guilty unless he can account satisfactorily how he became possessed of the goods. The oath taken by such witnesses shall either include the descendants of their father, or simply their own descendants, according to the discretion of the chiefs who sit as judges. If several people sleep in one house, and one of them leaves the house in the night without giving notice to any of the rest, and a robbery be committed in the house that night, the person so leaving the house shall be deemed guilty of the crime, provided the owner of the stolen goods be willing to subject himself to an oath on the occasion; and provided the other persons sleeping in the house shall clear themselves by oath from being concerned in the theft: but if it should happen that a person so convicted, being really innocent, should in after time discover the person actually guilty, he shall have liberty to bring his suit and recover. If several persons are sleeping in a house and a robbery is committed that night, although none leave the house the whole shall be obliged to make oath that they had no knowledge of, or concern in, the theft, or on refusal shall be deemed guilty. In all cases of theft where only a part of the stolen goods is found the owner must ascertain upon oath the whole amount of his loss.

MURDER, WOUNDING, AND ASSAULT.

A person convicted of murder shall pay to the relations of the deceased a bangun of eighty-eight dollars, one suku, and seventy-five cash; to the chiefs a fine of twenty-eight dollars; the bhasa lurah, which is a buffalo and one hundred bamboos of rice; and the palantan, which is fourteen dollars. If a son kills his father, or a father his son, or a man kills his brother, he shall pay a fine of twenty-eight dollars, and the bhasa lurah as above. If a man kills his wife the relations of the deceased shall receive half a bangun: if any other kills a man's wife the husband is entitled to the bangun, but shall pay out of it to the relations of the wife ten dollars. In wounds a distinction is made in the parts of the body. A wound in any part from the hips upward is esteemed more considerable than in the lower parts. If a person wounds another with sword, kris, kujur, or other weapon, and the wound is considerable, so as to maim him, he shall pay to the person wounded a half-bangun, and to the chiefs half of the fine for murder, with half of the bhasa lurah, etc. If the wound is trifling but fetches blood he shall pay the person wounded the tepong of fourteen dollars, and be fined fourteen dollars. If a person wounds another with a stick, bamboo, etc., he shall simply pay the tepong of fourteen dollars. If in any dispute between two people krises are drawn the person who first drew his kris shall be fined fourteen dollars. If any person having a dispute assembles together his friends with arms, he shall be fined twenty-eight dollars.

MARRIAGE, DIVORCE, ETC.

MARRIAGE.

There are two modes of marriage used here: one by purchase, called jujur or kulu, the other by adoption, called ambel anak. First of jujur.

JUJUR.

When a person is desirous of marrying he deposits a sum of money in the hands of the father of the virgin, which is called the pagatan. This sum is not esteemed part of the purchase, but as an equivalent for the dandanan (paraphernalia, or ornamental apparel) of the bride, and is not fixed but varies according to the circumstances and rank of the father. The amount of the jujur is fixed at seventy dollars, including the hurup niawa (price of life), forty dollars, a kris with gold about the head and silver about the sheath, valued at ten dollars, and the meniudakan billi or putus kulo (completion of purchase) at twenty. If a young man runs away with a gadis or virgin without the consent of the father he does not act contrary to the laws of the country; but if he refuses to pay the full jujur on demand he shall be fined twenty-eight dollars. If the father, having received the pagatan of one man, marries his daughter to another before he returns the money to the first, he shall be fined fourteen dollars, and the man who marries the daughter shall also be fined fourteen dollars. In case of divorce (which may take place at the will of either party) the dandanan brought by the wife is to be valued and to be deducted from the purchase-money. If a divorce originates from the man, and before the whole purchase-money is paid, the man shall receive back what he has advanced after deducting the dandanan as above, and fourteen dollars, called penusutan. If the divorce originates with the woman the whole purchase-money shall be returned, and the children, if any, remain with the father. If a divorce originates with the man, when the whole purchase-money has been paid, or kulo sudah putus, he shall not be entitled to receive back the purchase-money, but may recall his wife whenever it shall be agreeable to him. An exact estimation is made of the value of the woman's ornaments, and what are not restored with her must be made good by the husband. If there are children they are in this case to be divided, or if there be only one the husband is to allow the woman fifteen dollars, and to take the child. Secondly, of ambel anak.

AMBEL ANAK.

When a man marries after the custom called ambel anak he pays no money to the father of the bride, but becomes one of his family, and is entirely upon the footing of a son, the father of his wife being thenceforward answerable for his debts, etc., in the same manner as for his own children. The married man becomes entirely separate from his original family, and gives up his right of inheritance. It is however in the power of the father of the wife to divorce from her his adopted son whenever he thinks proper, in which case the husband is not entitled to any of the children, nor to any effects other than simply the clothes on his back: but if the wife is willing still to live with him, and he is able to redeem her and the children by paying the father a hundred dollars, it is not at the option of the father to refuse accepting this sum; and in that case the marriage becomes a kulo or jujur, and is subject to the same rules. If any unmarried woman is convicted of incontinence, or a married woman of adultery, they shall pay to the chiefs a fine of forty dollars, or in defect thereof become slaves, and the man with whom the crime was committed shall pay a fine of thirty dollars, or in like manner become a slave; and the parties between them shall also be at the expense of a buffalo and a hundred bamboos of rice. This is called the gawe pati or panjingan. If an unmarried woman proves with child and refuses to name the man with whom she was guilty she shall pay the whole fine of seventy dollars, and furnish the buffalo, etc. If a woman after marriage brings forth a child before the due course of nature she shall be fined twenty-eight dollars. If a man keeps a young woman in his house for any length of time, and has a child by her without being regularly married, he shall be fined twenty-eight dollars, and furnish a buffalo and a hundred bamboos of rice. If a person detects the offenders in the act of adultery, and, attempting to seize the man, is obliged to kill him in self-defence, he shall not pay the bangun, nor be fined, but only pay the bhasa lurah, which is a buffalo and a hundred bamboos of rice. On the other hand, if the guilty person kills the one who attempts to seize him, he shall be deemed guilty of murder and pay the bangun and fine accordingly. If a man holding a woman as a pawn, or in the condition of mengiring shall commit fornication with her, he shall forfeit his claim to the debt, and the woman become free.

OUTLAWRY.

If the members of a family have suffered inconvenience from the ill conduct of any of their relations by having been rendered answerable for their debts, etc., it shall be in their power to clear themselves from all future responsibility on his account by paying to the chiefs the sum of thirty dollars, a buffalo, and a hundred bamboos of rice. This is termed buang surat. Should the person so cast out be afterwards murdered the relations have forfeited their right to the bangun, which devolves to the chiefs.

Dated at Manna, July 1807.

JOHN CRISP, Resident.

CHAPTER 13.

REMARKS ON, AND ELUCIDATION OF, THE VARIOUS LAWS AND CUSTOMS. MODES OF PLEADING. NATURE OF EVIDENCE. OATHS. INHERITANCE. OUTLAWRY. THEFT, MURDER, AND COMPENSATION FOR IT. ACCOUNT OF A FEUD. DEBTS. SLAVERY.

REMARKS ON THE FOREGOING LAWS.

The foregoing system of the adat, or customs of the country, being digested chiefly for the use of the natives, or of persons well acquainted with their manners in general, and being designed, not for an illustration of the customs, but simply as a standard of right, the fewest and concisest terms possible have been made use of, and many parts must necessarily be obscure to the bulk of readers. I shall therefore revert to those particulars that may require explanation, and endeavour to throw a light upon the spirit and operation of such of their laws especially as seem most to clash with our ideas of distributive justice. This comment is the more requisite as it appears that some of their regulations, which were judged to be inconsistent with the prosperity of the people, were altered and amended through the more enlightened reason of the persons who acted as the representatives of the English company; and it may be proper to recall the idea of the original institutions.

MODE OF PLEADING.

The plaintiff and defendant usually plead their own cause, but if circumstances render them unequal to it they are allowed to pinjam mulut (borrow a mouth). Their advocate may be a proattin, or other person indifferently; nor is there any stated compensation for the assistance, though if the cause be gained a gratuity is generally given, and too apt to be rapaciously exacted by these chiefs from their clients, when their conduct is not attentively watched. The proattin also, who is security for the damages, receives privately some consideration; but none is openly allowed of. A refusal on his part to become security for his dependant or client is held to justify the latter in renouncing his civil dependence and choosing another patron.

EVIDENCE.

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.