Part 21 (1/2)

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 cla.s.s 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 p.r.o.nouncing 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 circ.u.mstances. 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 const.i.tute 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, a.s.sembled 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 pa.s.sions 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 a.s.sistance 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 a.s.sembly 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 circ.u.mstances 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 ent.i.tled to a seat on the bench upon trials.

If the pangeran sits at the bechar he is ent.i.tled 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 ent.i.tled 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 a.s.sistant.

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, superst.i.tious value is placed) devolve invariably to the eldest.