The History of Java, v. 1-2 Papyras Classics

← The History of Java, v. 1-2

Chapter 90

Abstract of some of the Laws which, according to the tradition of the Javans, were in force against the inhabitants, previous to the supposed arrival of Aji Saka

(Collected by Mr. Middlekoop.)

Oaths

Were administered by repeating certain words after the Priest, accompanied by a motion of the head and body, the hands being folded.

Ordinary Fines

Were levied according to the following gradations:​—

tahil.

When a subordinate or petty chief, who had people under him, committed a crime, the fine was 5

The eldest son of a prince 5

The son of a chief 2½

A Prince or Raden without employment 1½

A Menak or Rang'ga holding a public office and transacting public duty 5

A Menak or Rang'ga restricted from the performance of public duty 1½

A Menak or Rang'ga who administered a small tract of country 1

Children of a chief Rang'ga or Menak 2½

An ambassador (ordinary) of a prince or principal chief 2½

An ambassador extraordinary 1½

Children of the above 1

A male subject 1½

A female subject 1

Persons having forfeited their right of liberty through misdemeanors, and thus become dependant upon another, pay fifty pichis.

All the above fines might be paid in money, goods, gold, silver, horses, buffaloes, and other necessary articles.

Theft and Robbery.

A free subject having committed a robbery, he was delivered up (on detection) to the chief or tribunal of the place to which he belonged; and if unwilling to restore the stolen goods, or unable to pay the value, he was to be delivered over to the person whom he had robbed, and made to serve him as a bondsman: but no claim whatever was enforced upon the wife or children, who did not, on this account, forfeit their liberty. It was, however, lawful to deprive a thief of his life when caught in the act.

When a robbery was committed by a person in a state of servitude, the proprietor of such person's services was bound to pay the value of the stolen property, or to deliver the person over to the injured party; but on being caught in the fact, and the thief being put to death, the proprietor was no further liable.

Robberies having been committed in the day time, were punished by a fine or by servitude.

If one or more stolen buffaloes were killed in or near a village, and sufficient proof thereof adduced by the owner, the village people were condemned to pay the value of such stolen cattle, unless they produced the thief or thieves.

Homicide and Murder.

A free person who killed a male dependant, was punished by a fine of two and a half tahils: one who killed a female dependant was fined three and a half tahils.

If in an affray between two free persons the one killed the other, and the offender was seized in the act, he could be put to death by the relations or friends of the deceased; but if he succeeded in taking refuge with the head of a village, he was only liable to a fine of five tahils if the deceased was a male, and three and a half tahils if a female.

When a prince, chief, or petty chief, was murdered by one of his subjects, the party was punished by death, for having killed his superior.

But a prince or head chief had the right to deprive his subjects of their lives whenever he chose, though, when one of their sons, either a Menak, Rang'ga, or other chief, put to death a free person or dependant, he was bound to pay to the friends or master of the deceased two and a half tahils, besides a fine for a male person five, and for a female three and three quarters tahils. These persons were not liable to be put to death, although caught in the fact.

In case, however, that a prince or chief caused to be put to death a dependant who was not guilty of any offence for which he deserved such punishment, the prince or chief was bound to make good half of the estimated value of the deceased's property, beside being condemned to servitude, and a fine of ten tahils.

Amok being cried, it was lawful for every one to destroy such as ran amok; but in the event of its being a false alarm, and any one was killed by the crowd, the person that exclaimed amok was liable to be fined.

In a crowd or assemblage of people, if a dispute ran so high that one party was killed in the affray, and lay dead on the ground, the offending party was exempt from fine, but punished by the prince according to the circumstances of the case.

Adultery.

A man having received information that his wife had committed adultery, was restricted from believing it, even if he was told by credible persons, unless he found her in the act; he might then deprive her of life. If she escaped, however, and concealed herself among her friends and neighbours, it was not lawful to put her to death; but on complaint being made by her husband, she was prosecuted and punished according to the circumstances of the case.

A man found guilty of adultery was liable to a fine of ten tahils, and the woman to the same. Being unable to discharge the sum, they were transferred to the servitude of another, who was willing to pay the amount of the fine, which was then given to the husband of the adulteress.

An adulteress causing her husband to be put to death was also to suffer death.

A man having run away with the wife of another, on her being seized by her husband at their abode, both parties could be put to death; but if they were not discovered for a length of time, during which they kept themselves quiet and had begotten children, the adulterer was only liable to pay, as well for himself as for the woman, a fine of ten tahils. He was, however, bound to forfeit the half of the children so begotten for the benefit of the lawful husband, to whom they were transferred in servitude.

Divorce.

Lawfully married persons wishing to separate from each other, each retook the property brought at the marriage, and an equal division was made of what had been gained since the marriage. This included the children; the eldest was always to remain with the mother, the second with the father. After the separation on the decease of either, the whole effects were to be taken possession of by those children who, at the separation, had come to the share of the deceased; but they were also obliged to pay the debts of the deceased, whatever the same might amount to. When the number of children was unequal, the odd one was to fall to the share of the wife; but such as were imperfect or deformed were excluded from the division, and maintained by both parties.