The History of Java, v. 1-2Raffles, Thomas Stamford, Sir
History
The History of Java, v. 1-2
Raffles, Thomas Stamford, Sir
Java (Indonesia) -- History
the introduction of the Mahomedan system, and the encroachments of
despotic sovereigns, all the lands on the island were considered as the
property of those who cultivated them; but that, as the value of the
most fertile spots became more apparent, while the labour which had
been originally expended in clearing them, and constituted the title to
their original occupancy, was gradually forgotten, the government found
inducements and facilities to increase its demands, and thus became
possessed of the rights of some by violence, while it rendered those
of all unworthy of being preserved. The land tenures of the _Súnda_
districts, according to this hypothesis, are only wrecks of the general
system, which have been protected against encroachment, because they
did not so powerfully invite rapacity. Whatever truth there may be
in this opinion, the fact is undoubted, that in the mountainous and
less fertile districts of Java, and in the island of _Báli_, where the
Mahomedan sway has not yet extended, individual proprietary right in
the soil is fully established, while in that portion of Java where the
Mahomedan rule has been most felt, and where proprietary right amounts
to the greatest value, it vests almost exclusively in the sovereign.
The situation, however, of the cultivator in the Sunda districts, who
is a proprietor, is not much more eligible than that of the tenant of
the government: he may, it is true, alienate or transfer his lands,
but while he retains them, he is liable to imposts almost as great as
they can bear; and when he transfers them, he can therefore expect
little for surrendering to another the privilege of reaping from his
own soil, what is only the average recompense of labour expended on
the estate of another. The Revenue Instructions, therefore, bearing
date the 11th February 1814, and transmitted from the local government
to the officers intrusted with the charge of the several provinces
subject to its authority, lay down the following general position: "The
nature of the landed tenure throughout the island is now thoroughly
understood. Generally speaking, no proprietary right in the soil is
vested in any between the actual cultivator and the sovereign; the
intermediate classes, who may have at any time enjoyed the revenues of
villages or districts, being deemed merely the executive officers of
government, who received these revenues from the gift of their lord,
and who depended on his will alone for their tenure. Of this actual
proprietary right there can be no doubt that the investiture rested
solely in the sovereign; but it is equally certain, that the first
clearers of the land entitled themselves, as a just reward, to such a
real property in the ground they thus in a manner created, that while
a due tribute of a certain share of its produce was granted to the
sovereign power for the protection it extended, the government, in
return, was equally bound not to disturb them or their heirs in its
possession.
Public-domain text, read in full here on John Shaqi.
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