The history of Sumatra : $b Containing an account of the government, laws, customs and manners of the native inhabitantsMarsden, William
History
The history of Sumatra : $b Containing an account of the government, laws, customs and manners of the native inhabitants
Marsden, William
Natural history -- Indonesia -- Sumatra; Sumatra (Indonesia)
Dated at Manna, July 1807.
JOHN CRISP, Resident.
CHAPTER 13.
REMARKS ON, AND ELUCIDATION OF, THE VARIOUS LAWS AND CUSTOMS.
MODES OF PLEADING.
NATURE OF EVIDENCE.
OATHS.
INHERITANCE.
OUTLAWRY.
THEFT, MURDER, AND COMPENSATION FOR IT.
ACCOUNT OF A FEUD.
DEBTS.
SLAVERY.
REMARKS ON THE FOREGOING LAWS.
The foregoing system of the adat, or customs of the country, being
digested chiefly for the use of the natives, or of persons well
acquainted with their manners in general, and being designed, not for an
illustration of the customs, but simply as a standard of right, the
fewest and concisest terms possible have been made use of, and many parts
must necessarily be obscure to the bulk of readers. I shall therefore
revert to those particulars that may require explanation, and endeavour
to throw a light upon the spirit and operation of such of their laws
especially as seem most to clash with our ideas of distributive justice.
This comment is the more requisite as it appears that some of their
regulations, which were judged to be inconsistent with the prosperity of
the people, were altered and amended through the more enlightened reason
of the persons who acted as the representatives of the English company;
and it may be proper to recall the idea of the original institutions.
MODE OF PLEADING.
The plaintiff and defendant usually plead their own cause, but if
circumstances render them unequal to it they are allowed to pinjam mulut
(borrow a mouth). Their advocate may be a proattin, or other person
indifferently; nor is there any stated compensation for the assistance,
though if the cause be gained a gratuity is generally given, and too apt
to be rapaciously exacted by these chiefs from their clients, when their
conduct is not attentively watched. The proattin also, who is security
for the damages, receives privately some consideration; but none is
openly allowed of. A refusal on his part to become security for his
dependant or client is held to justify the latter in renouncing his civil
dependence and choosing another patron.
EVIDENCE.
Public-domain text, read in full here on John Shaqi.
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