Collections of law.
"Changes in
Mahometan
law by the
sovereign.
to a collection of opinions extracted from, them, and translated into the
language ?o£,the country., ■ ■
The law of custom is chiefly handed.dqwn by oral- tradition, hut has in
part bfeen committed to.writing in the following performances.
The earliest; .work relating to,,jurisprudence which is now referred to, .is»
that of Jugal Muda Patch, or minister of Sri Ma Pung’gung (of Mendang
Kamulan}, now Wirosdri: it is computed to,;be about six hundred^.yeJars
old. The second bears the name of Raja Rapa, said to have been -the/fen
of Jugul Mhda, and like him minister of tps sovereign». Kandia/wan, also
prince of Mendang Kamiilan.
By the authority of the Sultan of Demdle, the first- ahonjetan »prpi&e,- a
compilation o f. the Javan laws was made; ,.jn which they were injf;§pme
measure blended with the Mahometan jurisprudence. Probably ;this was
intended, to pave .the way to an entire introduction of Mahometan law.
The body of regulations,.-.Sic. compressed in},thgge codes,is pigijaUte^rom
the laborious refinement of their, distinctions, from, the mixture,ofmgioral
maxims and illustrations with positive rlaw, --.(rpm, the most incongruous
combinations, and, from their. casuistical spirit. he. Appendix will be
found the translation of a modem version o£-the Syria, Alem, a work of this
description in high repute, as well as an abstract of the laws andjegujgt^pns
saidfr-to have .been in force in the earliest periods^O;, vBhifih^Javan tradition
refers.*
The proclamations {undang-dndang), and the. laws and regulations- ganger
angeran) of _the sovereign, form another joprce of deviation* from fthe
Mahometan law. Collections of thesebave bepn^cpmmitte^ to writing. ,
The prince, by himself or his officers,- is always supp os e d‘yested'.with a
discretionary power of adapting the Mahometan law to the, $ i|c%kisjfanCes
of society, a prerogative liberally exercised. This power, which sanefmhs
every deviation from the letter of Musselman law? the Javans, also, express
by the term of yudha nagara, T&6» krising of criminals instead,, of
beheading them, the combat of criminals with tigers, the» severe penalties
for infractions of the sumptuary laws of the .Javang, the constant' commutation
of corporeal punishment for a pecuniary fine, and in the casef'of
persons of rank found guilty, of murder the commutation of the strict law
of retaliation for a fine, without regard to the wishes of the relations of the
deceased,
frècéh&ed, .iflthh''latter ’ be 'of - nè> cób§Mérat-iÖn,‘ • were among the deviations
from the M^'ch^tari-law sanctiohtect'by the'Yü'dhwnagara. * '•
-fj»'?Süch was'-thè,'"cómpósitï'on'óf:thë'-öburts,; and the' cbd'e; of laws that ex-
$tèd?'ön >Jav'^ëförelthe^arrival óf'-theUAtch/and remained unchanged at
the^pbnquest, of the isl|nd by the British: 4The' Dutch legislated for the
fe’dtenists, but t’obk littWnnterest in tHé system' by whiohi the judicial proceedings
of their natïfè“4uhjects' Véré-ghidecr,''excepting3 id1 so far as their
Own advantage Ox’^ security v^aTS- cbnc&rnec^rirfXt’hemv . The following* sfate-
niehtJTJotitaiftslthe»changes-iritóodtttel^fj^the1 Dutch;'f <
•’ Besides the colonial laws :&nd' rëgulation-s^itraótèd^from time to time by
the! Governors in Council at Batavia ; ,t‘b'fesidè“s l sóriie7 standing 'ordër^óf the
Court- of^DlTecfors,' and ’Some-rales, a®d»provftibns. contained in the supc'es-
tive, chartet^of-The. Company, and in ■'what was. eajledi the'articlé b r i e f the
Dutch law* whifch was always"êhnsj'd“èred- as thé foundation3 o&the' colonialT
lav?/ 'was -uf-nuthbrity;1 'as far :asI it remim'èd’-'irriaffècted by these institutions.
S r a , collebtipn- ^'the.,colonial statutes and regulations, chlled thcg PJacart
Bobk of;TBatavia, 3and an abstract, of them, entitled Statutes of B&thvia,
$gr'e made under th e-authority of tfe'o'btenM^verihnent-;»* but as;the-latter,
figyer ^underwent1 a regola^ ■ promulgation;- the; rOte^coritainéd-in it, were
nut considfered 'as'^óêsesSingTthel^cfe'%fpl^?^x^ptHa-só,farias they might
hê f8hntl 'f ë 'he- conform able to the orders, c,proclamations, and regulations 5 of
thé' Indian government-* ör b'fvtb^I)irbc^o^oMhe''East-India Company,
pdrphè powèb óf-'^heJ'Direetor^'&d'^*théi(^unéüjofL Batavia to'enact local
lg^s ahd'jrê^atiéhs^<6,©%tn§ not’tq havefbeènJveryJc^nmipectly defined in
th^first-1 charters - ó fthe Company, . c ha r t e r s c ||femng' nnithcm^rin ■
gei#eMr terms only, authority K,lo ^provide' for; the‘.administration of justice:
and establishment of‘'police. -
Butvfebm- the -‘ n'atur’e'of ?the ibfcc'asio.iVit? sêêms ‘evIdent/Ethab this «power*'of
making' colonial lkwS,' as far at least - a^telhted to the Council ofrBatavia/
could only have been a limited one, ,.m,be exercised with considerable discre- ■
tioh, and dnly upon points requiring an imrhedrate-^'royi'sibn'j subject always to
the appi-obatibn ■ of.th'e authorities- at-hfjffie; - and ê^ÜH'he-Dirëctors could«-
KSrdly be-considerèflf*ti> have* possessed a^greafer j extent'of legislative power/*
than was Wcessary for 'thhysëëürity' of- théir.^new- temtbf-ies, ’arïd töf their*-
rights and privileges, pr to have^fieen authariSéd-tö- deviate wantonly from-
the »established^law- of the country,/onneglec^the'dictates of justice and
- f O in