ing him Severely;. In a treatise on Javanese law,
composed immediately after the conversion to Ma-
homedanism, and called the “ Sun of the Universe,”
Surya Alam, after an enumeration of the
duties of the judge, Jaksa, it is deliberately declared,
“ If he is found ignorant of these things,
he shall have his tongue cut out;” and, if the
next in order to the judge, Jajanang, shall, in acting
for the judge, prove deficient in a knowledge
of his duty, he too shall either have his tongue cut
out, lose both his ears, or have red-hot pincers applied
to his lips.”—“ In the third place,” it adds,
* any incorrect statement in writing shall be punished
with the loss of both hands. Should neither
of these sentences be carried into effect, the
judge ought, at all events, to be banished the country.
This punishment, however, may be mitigated
by the Raja, who, having compassion on the
judge, may recall him after one year’s banishment.”
*
Even the capacity or learning of the judge, or
law assessor, appears, on some occasions, to be
treated with very little ceremony. In one law of
the ancient Javanese, it is declared, that, if he be
silenced in a discussion with one of the parties who
dispute a point with him, he shall be fined forty
thousand pichis.
* Raffles’* Java, Vol. II. Appendix, p. 33.
The rules of evidence, as among all barbarous
people, are arbitrary and capricious. At present,
they are, among the Mahomedan nations of the
Archipelago, determined principally by the sacred
text of the Koran, and by its commentaries. By
the ancient laws of the Javanese, or, which is the
same thing, by the present laws of Bali, women,
slaves, stammerers, lame or maimed people, persons
afflicted with such loathsome disorders as leprosy,
or epilepsy, &c., were excluded from giving testimony
in a court of justice.
The collection of Malacca decides in the following
words, who are to be deemed competent, and
who incompetent witnesses. *.* Competent witnesses
are persons of virtue, just persons, pious persons,
and freemen. Incompetent witnesses are
persons of bad character, slaves, and women. The
latter are admissible, however, in affairs of pregnancy,
and in those which regard female complaints.
In affairs of marriage, they are by no means to be
admitted.”
The rules of evidence among the people of Pas-
Summah are as follow : f‘ In order to be deemed
a competent and unexceptionable evidence, a person
must be of a different family, and dusun fiom
the person in whose behalf he gives evidence, of
good character, and a freeman ; but, if the dispute
be between two persons of the same dusun,
persons of such dusun are allowed to be complete