Page:History of the Indian Archipelago Vol 3.djvu/101

 LAWS. 87 The rules of evidence, as among all barbarous people, are arbitrary and capricious. At present, they are, among the Mahomedan nations of the Archipelago, determined principally by the sacred text of the Koran, and by its commentaries. By the ancient laws of the Javanese, or, which is the same thing, by the present laws of Bali, women, slaves, stammerers, lame or maimed people, persons afflicted with such loathsome disorders as leprosy, or epilepsy, &c., were excluded from giving testi- mony in a court of justice. The collection of Malacca decides in the follow- ing words, who are to be deemed competent, and who incompetent witnesses. " Competent witnes- ses are persons of virtue, just persons, pious per- sons, and freemen. Incompetent witnesses are persons of bad character, slaves, and women. The lattor are admissible, however, in affairs of preg- nancy, and in those which regard female complaints. In affairs of marriage, they are by no means to be admitted.'* The rules of evidence among the people o^Pas- summah are as follow : ** In order to be deemed a competent and unexceptionable evidence, a per- son must be of a different family, and dusun from the person in whose behalf he gives evidence, of good character, and a freeman ; but, if the dis- pute be between two persons of the same dusuriy persons of such dusun are allowed to be complete