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
This disposal of the government share was thus, therefore,
all that could justly depend on the will of the ruling authority;
and consequently, the numerous gifts of land made in various periods
by the several sovereigns, have in no way affected the rights of the
actual cultivators. All that government could alienate was merely its
own revenue or share of the produce. This subject has come fully under
discussion, and the above result, as regarding this island, has been
quite satisfactorily established." It is remarked, in a subsequent
paragraph of the same instructions, "that there have been, it is known,
in many parts of the country, grants from the sovereign of lands in
perpetuity, which are regularly inheritable, and relative to which
the original documents still exist. Of these, some have been made for
religious purposes, others as rewards or provision for relatives or
the higher nobility. These alienations, as far as it was justly in the
power of the sovereign to make, must certainly be held sacred; but
their extent should be clearly defined, that the rights of others be
not compromised by them. The government share, when granted, will not
be reclaimed; but the rights of the cultivator must not be affected
by these grants. Such proprietors of revenue, as they may be termed,
shall in short be allowed to act, with regard to the cultivators on
their estates, as government acts towards those on its own lands,
that is, they shall receive a fixed share of the produce, but whilst
that is duly delivered, they shall neither exact more nor remove any
individual from his land." It is remarked by Major Yule, the British
resident, in his Report on Bantam, that there, "all property in the
soil is vested exclusively in the hands of the sovereign power; but
in consequence of its having been long customary to confer grants of
land upon the different branches of the royal family, and other chiefs
and favourites about court, a very small portion was left without some
claimant or other. The _púsákas_ granted to the relations of the
Sultan were considered as real property, and sometimes descended to the
heirs of the family, and at others were alienated from it by private
sale. To effect a transfer of this nature, the previous sanction of the
Sultan was necessary, after which the party waited on the high priest,
or _Mangku-bumi_, who made the necessary inquiries, and delivered the
title deeds to the purchaser, in which were specified the situation,
extent, boundaries, and price of the land sold. A register of sales
was kept by the priests, the purchaser paying the fees; and it rarely
occurred that lands sold in this manner were ever resumed by the
crown, without some adequate compensation being made to the purchaser.
_Púsákas_ given to chiefs for services performed, were recoverable
again at pleasure, and always reverted to the crown on the demise of
the chief to whom they had been granted: in all other respects, the
Public-domain text, read in full here on John Shaqi.
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