The History of Sumatra eBook

William Marsden
This eBook from the Gutenberg Project consists of approximately 680 pages of information about The History of Sumatra.

The History of Sumatra eBook

William Marsden
This eBook from the Gutenberg Project consists of approximately 680 pages of information about The History of Sumatra.
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 circumstances.  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 constitute 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, assembled 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 passions 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 assistance 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.

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The History of Sumatra from Project Gutenberg. Public domain.