Interference of
the executive.
2 7 8 ADMINISTRATION Of JUSTICE.
At the seat of government are supreme. courts of the Pafightilu anH
Jdksa: to these there', is an appeal from similar. but inferior tribunals,
established within each province. Petty tribunals, unde? like names, are
even established under the jurisdiction of a Denidng, or chief of a sub.
division, and sometimes of a Bahai, or head of a village; but in' these the
authority of the Pangh&lu and Jdjcsa extend no further than tó tabe.4©wn
evidence to be transmitted to some higher authority, to settle petty disputes,
and perform the ordinary ceremonies of religion, inseparable among the
Javans, as well as all other Mahometans, from the administration of justice.
Such however is th© nature of the native government,- that jftfl®©Élpss
are considered rather as: the law .assessors or council of the immediate
superior officer of the executive government, than as independent ministers
of justice. In such cases as come before them, they examine the .evidence,
and point out the law and custom to the executive officer, who is himself"
generally too ignorant and indolent to undertake it. When the evidence-d^
gone through and the point of law ascertained* the whole is brought .before
him, at whose discretion it rests to pass judgment. It is however admitted,
that in matters of little moment, where his passions and •interests are not
concerned, the division is frequently left to the law officers y .but in rall
matters of importance he will not fad tn exercise his privileges of interference.
H g g i |
“ All causes in disput® natitt be decided upon by hirp with the leaptpossible delay, accord-
H jng to law, and not kept long in suspense, to tli'mjnryofthe,parties concerned, Tesrlfe be
“ considered tike a holy man, who, for the sake' ofmofteyp sacrifices his good name, v
“ A JaJcsa must inquire into every circumstance relating to the causes brotsght’ before "Mm,
“ and duly investigate the evidence; after which he must take the cause iptp feonsideraj-jon.
I He must not, in the least, listen to what is false, and on all .occasions. must. deside ( a^^rd-
«.ing to truth. .
' 1 A Jaksa who attends to all these points js of high Repute. Of less repute is a Jdksa who,
'** ‘i é the a^cisioa of causes which come before him, listens^to'tlië'a'dvice'of others :*Buch' a
I $ ófiérfe like that kind óf bird, which in order to procure for itself the necèssawToöd,
dives under water, without thinking of the danger to which it is exposed of losing its life
“ from the want of air. But entirely unfit for employment'is a Jaksa^rho is Üaugnty'm his
l demeanour, and at the same time low'enpdgh to take advantage o‘f persons woo eomeyefore
“ him: such a one ishke a bat, that in the dark steals the fruit .from the* tree’s; or like a'Sports-
“ man, who though destined to chase what is useful only, jndiscrimmately destroys whatever
M pomes in his way, whether useful or n o t.' In tjne same jhanner is it with' a priest who every
“ day attends at the temple, for no other purpose but to make profit by i t ; or with a writer,
“"who knows not how to make any thing but by’thq prostitution' of his writings; .or with the
ij head map of a village, "who imposes upofi the villagers; or a“devotee, who iis ‘Ids
- “ "livelihood by necromancy."
ADMINISTRATION OF JUSTICE. 2 /9
The court of justice intöyhïèhf the Pahghéhi dr high priest presides, is where the
always held W tne^se^amU, sor portico of toe mosque; a practice which, as e)ursare *
if Inspires^ the people with a considerable share of awe, appeal’s judicious.
It is also, convenient- for the .administration of oaths," which among the Javans
are ■ always admiöistëi?éd-.withm,! -rise -friosque, and usually with much solem.
rdty^' -forms'- of1' toé' -are tegular*! orderly, and tedious-; all
evidence is taken down in Writing,' ahd1'ap|)a:fenUy with ‘much1 Accuracy.
The court, at least- at the‘\seat -of government,1 eol&Mstk'óf thé Fanghuüij Mode ofpfo-
thè officiating priest of rite mosque, and-four individuals, also of*the religioüS
order, ^called Patch nagdri, meaning, literally the pillars or shpp'orts of the
country, to whom, -after the examinatidn'bf,'è1vidëhc'é> in' capital offences,
thëpomtöf 4awand decision is tofer-redT Af-toefsCat df’JgoVerhiiieht the
Sóvèreigh or :Ms- nhnist-er passes judgment1. ■
The cbufföftoe -JaJèsd a t thereat -of-government consists of the head Jdhsd,-
whömay he -stjded^ffieTaVbffieer’-bf-fhe’pfimemiinkter, and thetoofefS'of
hWKUitibn's or-assistants,fJfbr they too'-have‘their law councils. The functions
of this court being of‘less importance,'of a fiiore mïxëd nature, and less
solemn because leSs-eoridected withfeligidrijJ are stallr moré' édbjëÊf than that
óf fh e é ^w ^ fe '‘to'1thè''fHd'e4iAe¥f€&étféë''bf'the executive authority.-*
The/ Javari‘-'co'de! bflaw is diVitfeft -into 'fwö departments, that of thé Laws.
Mahomed an law -and that'df-custom1 and tradition .* r‘The -former-is distin-
guished^hy the appellation of M&um allah, - the command^ ^ ’Qpd,\ froth, thé
Arabic; tbié latter ib'y toe-’Javan words. 'yudhd<~hdgada,}raekvLmg Considera-
t-iuh for1 thé‘country, or inlóthèr words*1 allowanéë-for -thé s^tatè of society. I
jrtThs -decisidhs an Mahometan law-'Are chidfly 'guided' by/ sevetal'iworks
in thé'Arabic language. In all the -courts of Java these works are said to
be^óUhsulted irttoe Arabic language, blit-reference is-more frequently niadè
tö
* ‘ Thu following' was the usual5 course of prWeaatogm japarct, rmd. generally 'urine - psyVmce?
subjected tS: European-axi&omy,'‘^>rëviQüs töHhe -mterferenhê of'the British government; The
plaintiff went to the Jdksa and made liis complaint. If the case was important, the Jaksa took
down the- deposition in writing,in, thé presénefi-of witnesses, summoned the accused, and .communicated
the deposition to Jnm. The latter Khen either acknowledged or denied the Tacts,
witnesses were examined, and the proceedings of the suit laid before the Regent, who after
perusal transmitted the same to die Pajighülu for his advice; with which the latter complied,-
referring at the same-time for a sentence to some of the collections on Mahometan law. r The
Recent hawng compared the sentence with the. law and with equity, and finding the same
correspondent with both, judgment was pronounced by th t Jdksa,