Ancient Indian Colonies in the Far East (Vol. I: Champa; Vol. II: Suvarnadvipa) v2.c20.s1.89

v2.c20.s1.89

The rules about pledge are also laid down in great detail, and are based generally on the Hindu law. The use of a pledge without the permission of the owner is regarded as a grave offence as in Manu (VIII. 144, 150) and Nārada (I, 127-128), but the punishment is more severe. The offender has not only to give to the pledge-giver twice the value of the pledge but is also fined 20,000 as a thief (102). In connection with the laws about pledge we come across one important principle which has been the subject of serious discussion in this country. After saying that certain pledges, *e.g.*, clothes *etc.*, are forfeited after five years (99), it proceeds : “If some one pledges landed property, it is never forfeited, for the land is the property of the king, it only remains in possession of the creditor” (100). Thus it is clearly laid down that the ownership of the soil is vested in the king and no one else. Whether this rule is derived from an Indian Law-book, or whether it is an Indonesian modification, it is difficult to say. It may be added that a later section of the book lays down that a man loses his right over landed property, if another is in possession of it for twenty years with his knowledge (268). This is in accordance with Indian law as laid down by Yājñavalkya, Kauṭilya and Vyāsa.