wn re 4 .)
po Cy
t 4

Cire a
ba

ac

“ 4
eet 1
Hohe a
Pie sini waynes <a ay
0 ot
;

Ute 1th aie Rach
wi a vacate
D> iA 4 wy) od 4) i

Oye by ;
9 Nee ae ve soak
‘ yc nh, f
+e
MA

al

Hi nee ee
* *,

ne or Seas .

a)
S42 F 6.8 Grae
ec 4 mi nt , 9: fr9 can
TPP al Gy vei te a
‘ats shane hy
SA A 44 Ka
oe ny she
oY

ye

ic ne
+

ne us YR ae
ied

ia ANS

+e ois 4

EAE
on cui pe
Ae Wie NAG

a Ue:

Reh
eee

44.344 Me aie
BM tas Ri 8h
«arty t
Aah 4 df ahs

4

one eg
aN e
ae
fh “I

aay Ass
PENA ORC AT AS
4 Ata

WAR AA neta
Da Nay at Cc
< ‘
Fa A eK
hs

Aw Wie
aay
: : dite) awike

i hae Be yh

M Ne i Marea ed m4

4 Ath VTS

: Geils he
8 Aa se
Eee EB

‘ ‘
Pie g 4s
AW TG
LY AAT EI
Be OL A "
, ud jh
4

ah Het Atha
e, Any iw iy 4,
todd yaa
Aat sane c

" a
Nokian hasan a
¥

re
Wat Sa RRL ie TUALLY
i Ave Nee ty a liatarhG Hi

‘ wht
te LA, aa wae ne
u cng ag

ae ca” ? " Se
nef ps

ob
=o
re

aN

ft

FAN, ee wat
au coe

+ is

i
an

ee

Li

3 y ,
AEA a

ne

ae |

He
Wyre

a ie

kas wid

nd et mee SE Reta ah
a Hat si isit Mh ee
Baa i Ne Nave a ee

ent err

Arie ie) vay ol
6p ott

oak me sp Sea ret
a Amie os
ey aay pee ce
Se wa | : Tate

Bite.

ee Ki
mrt

ne av

ee w we Ae

vies SAA LA or On
saa)

ie
aih tons dete ca if
ened
esis a ite We

Seq id Mew
AAS
Reh

i

,
<
7"
\
J
i
'
or
af :
J
i
i
fT
Ay) Ss)
;
Fa
t
,
‘
5 2
' "|
;
J *
es é
A
ie a
3
‘

=

i}

~

4

i, o0 6, cos” | a * Ae ee |
(ap. 13.) | : eo ee |
ees L453
JOURNAL

OF THE

OF THE

ROYAL ASIATIC SOCIETY.

JUNE, 1884, _

PUBLISHED HALF-YBARLY.

SINGAPORE:
PRINTED AT THE GOVERNMENT PrinrinG OFFICE.

-

1884. |
Sree
AGENTS OF THE SOCIETY:
londos and America, ... Trisner & Co.

ete Paris. : | Bewust Leroux & Cr.
Germany, . oe KF ‘Kopnusn’s cao Leipzig.

[ No. 13, |

JOURNAL

OR He

ST KALIS BRANCH

Oar ELE

ROYAL ASIATIC SOCIETY.

JUNE, 1884.

PUBLISHED HALF-YEARLY.

SINGAPORE:
PRINTED AT THE GOVERNMENT PRINTING OFFICE,
1884,
AGENTS OF THE SOCIETY:
London and America, ... Trispner & Co.

Paris, ... Ernest Leroux & Cre.
Germany, ... K. #. Koruurr’s Anriquarium, Leipzig.

TAREE OF CONTENT Si,
OOS
The Pigmies, translated by J. Hrrington dela Croix, Esq.,

Valentyn’s Description of Malacca, contributed by the
Hon’ ble D. F. A. Hervey,

The Law and Customs of the Malays with reference to
the Tenure of Land, ou the Hon’bleW. E. Maa-
well, hue

The Stream Tin Deposits of Perak, by the Revd. Coo
Tenison- Woods, ¥.G.8., F.LS., Sa. -

Rémbau, by the Hon'ble D. Lf. A. Hervey,

The Tawaran and Putatan Rivers, by S. Slee
Dalrymple, Esq.,

Miscellaneous Notes :—

Proposed English-Malay Dictionary,

pe Pete here S

OF
HOMER, HERODOTUS, ARISTOTLE, PLINY, ETC.;
THE ASIATIC PIGMIES, OR NEGRITOS ,;
THE NEGRILLOS OR AFRICAN PIGMIES.
BY
A. pe QUATREFAGES, F.z.s.,
Membre de UInstitut, Professeur au Muséum @ Histoire Naturelle.
TRANSLATED BY
~ J. ERRINGTON DE La CROIX.

(Continued from Journal No. 11, page 120.)
THE ASIATIC PIGMIES OR NEGRITOS. co)
IDOE

INTELLECTUAL CHARACTERISTICS. (?)

Language.—Being a perfect stranger to the study of languages,
I can but simply record here, without discussing them, the various

(1) This paper was originally published in the Journal des Savants (Aodt
et Décembre 1882).

(2) In order to make a complete anthropological description of the
Negritos, I ought to have mentioned here their physiological and patholog ical
characteristics. But what we know on this subject amcunts to very little and
is little more than what travellers have said of most wild tribes. The
muscular strength of the Mincopies is much greater than would te supposed
from their short stature and rounded limLs. Like the Aétes, they are re-
markable for their extreme agility :nd the acutencss of their senses. Both

2 THE PIGMIES.

particulars gathered by a few travellers, which unfortunately come
to very little.

Of all the languages spoken by Negritos the most interesting to
study would unquestionably be that of the Mincopies. Owing to the
almost complete isolation in which these islanders have lived, espe-
cially in the Great Andaman group, (*) their dialects can only have
been altered through natural evolution and independently of foreign
influence. This language goes back certainly to remote antiquity
and has probably preceded those now spoken in Malacca, Siam
and in India itself. The study of it would consequently be of the
greatest interest, as well from an ethnological as from a linguistical
point of view.

Mr. BE. H. Maw seems to have understood it so. . Before him,
Symes, Conesrooke, Réerstorrr, Ticker, &e., had confined
themselves to gathering short vocabularies. (?) Brought into
daily communication with the natives, in the course of his official
duties, Mr. Man learned their languages. He translated in one of
them the Lord’s Prayer, which was published with a commentary

races are able to bear long fasting and also to consume at one meal a prodigi-
ous quantity of fool. Tae Mincopies, who alone seem to have been studied
at all from a pathological point of view, suffer mostly from diseases contracted
from the habit, to which I shall refer hereafter, of clothing themselves,
so to speak, with mud. Pulmonary consumption did not exist in the Anda-
mans, but a few natives who came to European settlements were very soon
afflicted with it. This would tend to confirm what I have repeatedly said,
namely that we ourselves have imported the disease into various parts of the
world where it was unknown before. (Les Polynésiens et leurs Migrations et
Journal des Savants, 1873). M. MONTANO found, in one single Manthra family,
two individua's afflicted one with the rickets, the other with epilepsy. ( Quel-
ques jours chez les indigenes de la province de Malacca; Revue @ Ethnographie,
Vol. I, p. 46.) ‘This he appears to consider as a general rule and what he saw
seemed to him to show how « race dics out. But the groups seen by M.
MoNTANO must be the exception. LOGAN, at all events, mentions nothing
of the kind and appears, on the contrary, to cssign to these populations a
vitality capable of resisting the unfavourable conditions to which conquest
has subjectel them. (7he Binua of Johore; The Journal of the Indian
Archipelago, Vol. 1, passin).

(L) In my first Ltude sur les Mincopies et la Race Négrito en général, I have
mentioncd the fact that signs of cross-breeding have been found in Little An-
daman, south of the other islands. ( Revue d Anthropologie, Vol. I, p. 213.)

(2) I have borrowed from these various writers some of the examples
which secmed most suited to show clearly the variety of Mincopie dialects,
first pointed to by Mz. FRANCIS Day, (Etude sur les Mincopies, p. 194.)

THE PTGMIES, 3

and notes added by Lieutenant R. C. Tempe. (*) Colonel Lane
Fox, in two different papers, has given this translation, (?) and
summed up, though rather too briefly, the general conclusions of
the authors. (*) Thinking that it may be useful to readers,
engaged in the study of languages, I transcribe hereunder (*) the
document which was the starting point of this investigation.

_The study of the vocabularies to which I have just called atten-
tion had led Larnam to admit of a certain connection between the
Mincopie and Burmese languages. (°) M. Pruner-Bry has pointed
out a few common traits in the Mincopie and New Caledonian dia-
lects. (°) Hyp Cuarke has fancied that he could discover in the
Andamanese language affinities with those of several races of Asia,
Africaand the two Americas. (7) Messrs. Man and TEMPLE begin
by stating that the nine tribes which figure on the map prepared
by one of these authors, (*) have each a private language. “A

(1) Zhe Lord's Prayer translated into Béojingijida by E. H. MAN, with
preface und notes by R. C. TEMPLE. Calcutta 1877.

(2) The Andaman Islands. (The Journal of the Anthropological Institute,
Vol. VI, p. 108.)

(3) Observations on Mr. MAN’S collection of Andamanese and Nicobarese
Objects. (The Journal of the Anthropological Institute, Vol. V1i, p. 436.)

(4) He Maw-r6 koktar-len yaté mollardint ~ Ab-Maydla.
O Heaven in (is) who our (lit. all of us of) Father.
Ngia ting-len dai-i-i-migi-en-inga itan. Ngolla-len médllérdirt
Thy name to be reverence paid Let. You (to) we all
meta may ola ngenake ab-chanay ipi-la bédig. Man-r6
our chief wish for supreme only and. Heaven
koktar-len tegi-lut-malin yaté ng hanik, ha-tibada
in is obeyed which thy will, in the same way
adrla-len érla-len érem-len itan. Ka-mai molloarddri-len
ever (daily, always) earth on Let. This day all of us
arla-nackan yat-man. Méllardirti mol oichik-len tigrel yaté

to daily Clit. daily like) food give. Weall us (to)i.e. against offend who
Gloickik-len artidibi. Mcllérdiri-len otig-ajinga itén yo-ba,ddéna

them forgive Us all (so) be tempted let not, but
mollardiri-len abja-bag-tek 6tra). Ng ot kichi-kan kanake !
us all (to) evilfrom deliver. (Do) thou thus order (i.e. Amen.)

(5) Elements of Comparative Philology, p. 59.

(6) Bulletin de la Société d Anthropologie de Paris, 1866, p. 12 et 18.

(7) The Journal of the Anthropological Institute, Vol. IV, p. 467.

(8) Zhe Andaman Islands by HK. H. MAN, Hsq.,( Jour me of the Anthro-
pological Institute, Vol. VII, p. 105.) The Lord’s Prayer was translated into
the language spoken by the tribe inhabiting the southern island of Great
Andaman, where Fort Blair, the Enelish Settlement, is situated.

4 TNE PIGMTES.

“ native of North Andaman is as utterly unable to make himself
“understood by a native of South Andaman, as an English pea-
“sant would be by a Russian.’ It is not, therefore, a question of
simple dialects, but in reality of distinct languages. Yet these —
languages have a common origin and structure; they are all agglu-
tinative. Should they have any affinities with others, which
Messrs. Man and Tempre consider as doubtful, it might be with
the languages of Australia or of the Dravidian and Scythian groups,
which they resemble ina few peculiarities, such as the use of
post-positions instead of prepositions ; the use of two forms—one
inclusive, the other exclusive—for the first person of the plural,
and, in general, in the agglutinative structure of words. Reading
over these few sentences one is naturally reminded of the connec-
tion already noted by philologists among others by our eminent
colleague, Mr. Maury, as existing between the Dravidian and Aus-
tralian languages. (+) To these Messrs. Man and Tempe add
a third philological group which has probably preceded the two
others. Everything in fact tends more and more to prove that the
Negrito race, of which the Mincopies are the purest repres-
entatives, is the fundamental negro element of all or very nearly
ul the Dravidian tribes and of those who, though not speak-
ing a language classified under that name, resemble them in
physical characteristics. (?) If this is really the case, are we not
entitled to believe that the substratum of this linguistic family
will be found in the Mincopie languages? At all events, it is an
interesting problem to solve, and we heartily wish that Messrs.
Maw and Tempe may pursue researches which have already led
them to such curious results.

Though scattered from the Andaman Islands to the Philippines,
the Negrito tribes have retained, in a remarkable manner, all their
exterior and osteological characteristics. It is otherwise with re-

(1) La Terre et CHomme, 3me élition, p. 504.) M. Maury is moreover
inclined to connect these two groups of languages with the Medo-Scythian,
which was probably spoken, he says, by the native tribes of Mcdia and Susiana.

(2) J have dwelt on this question in a paper in the Revue d’ Ethnogra-
phie, Vol. 1. ;

THE PIGMIES, 5

gard to language. This has in some instances, completely dis-
appeared, through contact with superior populations, even where
Negrito groups, numerically strong and enjoying a certain inde-
pendence, have preserved a comparative purity of blood.

This fact had been observed in the Philippines, from the earliest
period of the Spanish occupation. Even in the island named after
them, these diminutive negroes spoke Bisaya, one of the local Malay
dialects, (1) to which however they added a great number of
foreign words. It seems to me probable that these latter were
so many surviving witnesses of the primitive language.

Still more must this have been the case in Luzon. The evi-
dence given on this point by pE ta Fuente, (7) has lately been
fully confirmed by the researches of Dr. Monrano, who has kindly
placed his unpublished notes at my disposal with a liberality for
which Iam happy to be able to thank him here. This traveller,
who speaks Malay fluently and is acquainted with several of its
dialects, was able to detect, in the Aéta language, not only gram-
matical forms, but even a vocabulary, almost exclusively Tagaloc.
One by one, he verified one hundred and four words collected by
Mr. Meyer in the dialect of the Mariveles. He noted down those
which seemed to be foreign to the Malay languages and could find
but seventeen. He is still unable to speak decidedly about some
of these. (*)

(2) “La lingua dell’Isola detta de’ Negri e la Bissaya stessa col miscuglio
di moltissime parole forestiere.” (L’Abbé ToRRfs, quoted by PRICHARD,
fteseurches into the Physical Histo;y of Mankind, Vol. V, p. 221.)

(2) Quoted by PRICHARD, loc. cit.

(3) M. Monrano found moreover in the same vocabulary, translated into
the Negrito dialect of Zambales, thirteen words which are not Malay. He

also obtained, not without some trouble, from an Aéta, the following verse
of a song:

Makaalis ako ind,

I am going (oh my) friend

makpaka bait, Ska ind

Be very prudent thou, friend

Lua! ma papaka sayou, ako ini,
Ah! Tam going very far my friend,
Into ka man a bibing ianmo.
while you stop in dwelling yours.
Hanag banuan dolipatan m0.

Neyer (your) village will be forgotten (by) me.

TIE PIGMIES.

on)

M. Mowrano was unable to procure equally accurate informa-
tion with regard to the language of the Mamanuas, or Negritos of
Mindanao. But these people could make themselves understood
by his guides who spoke to them a kind of corrupted or rather
simplified Bisaya. (‘) There also, no doubt, the primitive language
has more or less died out.

Has it been the same in the Malay Peninsula? M. Monrano,
does not think he can yet answer the question. He easily under-
stood his Manthra (?) guide, when the latter spoke Malay to him;
but he could catch but very few words when the same individual
conversed with his wild countrymen. He is satisfied that the
Manthras have a peculiar accent which may arise from various
causes. Father Poucer, who has lived for a long time in Malacca
and visited all the inland tribes, told M. Monvrano that these wild
people had no special language or dialect of their own, and that
they spoke a mixture of corrupted Malay and Siamese. However,
in his curious work on the Binuas of Johore, (*) Logan regards it
as certain that these people, though evidently more freely crossed
with Malay blood than the Manthras, have had, in former times, a
language of their own; and he brings forward numerous argu-
ments in supportof his opinion. (*) In the peculiar language, which
they speak when searching for camphor trees (5) amid their forests,
the same author has detected a certain number of words foreign
to Malay. I have compared several of these with words in two

The Negritos of the Albay province (South-east of Luzon) speak Bicol flu-
ently. But they are crossed with Malays. The Bisaya Tagaloc, Bicol, Pam-
pango, etc., are but Malay dialects more or less considcrably modified. - (MON-
TANO.)

(1) M. MontTANO gays: “a kind of Pidjin Bisaya.”

(2) The Manthras are half-breeds of the neighbourhood of Kesang, near
Malacca, in the Malay Peninsula.

(3) The most southerly region of the Malay Peninsula.

(4) The Orang Binua of Johore. (Journal Indian Archipelago, I, p. 289.)

(5) This language is called bussa kapor (camphor language). LOGAN
found it employed and always the same, by the tribes who search for camphor.
These savages are persuaded that it would be impossible to discover camphor
trees if any other idiom but the dassa-kapor were spoken while search is
being made for these trees. (LOGAN, Joc. cit., p. 262.) M. Monvrano also
mentions this language in his notes and spells it “ bahasa-hapour,”

THE PIGMIES. Uf
Siamese and Laosian vocabularies published by Laruam (7) and
could not trace any resemblance. Norcould I find any on com-
paring these again with M. pg ta Crorx’s vocabulary of the Perak
Sakais. (7?) M. pe wa Crorx only finds twelve Malay words out
of the ninety which he gives. The Russian traveller Mixiucuo-
Mactay had previously gathered, among the wild tribes of Johore
and further inland, one hundred and seventy words, (*) which
several Malays, on being consuited, declared were perfectly un-
known to them. Lastly Mr. pz Castreutnav had also arrived
independently at analagous conclusions. (*) From this aggregate
of facts, it seems to me to result that the original Negritos.of the
Malay Peninsula must have had a language of their own, which
has been almost completely forgotten by a portion of their des-
cendants and a little less so perhaps by others, because they are
all more or less crossed with Malays, no doubt with Siamese also,
and probably with other ethnological elements still undetermined.
Was this language connected in any way with that of the Min-
copies P? This is but an hypothesis, but the comparative proximity
of the two races allows us at all events to put the question.
Messrs. Man and Tempxe will perhaps one day tell us how much
truth there may be in this conjecture. (°) They may also suc-

(1) Llements of Comparative Philology, p. 51.

(2) Perak is situated about 2° or 3° North of Malacca towards the mid-
dle of the western coast of the Peninsula. We have no particulars as to
the Negrito-Malay tribes which may exist further north.

(3) Dialects of the Melanesian Tribes in the Malay Peninsula (Journal of
the Straits Branch of the Royal Asiatic Society, No. 1, p. 38.) From Johore
in the south of the Peninsula to Ligor in the soit. of Siam, the Russian
traveller has ascertained the identity of language among tribes which are
isolated and have no communication with each other. This result seems
to have struck him with astonishment. There is, however, nothing in it
which will not seem quite natural to any one who studies the history of Ne-
gritos taken as a whole.

(4) Revue de Philologie, 1876. [Iam indebted to M. MontTANO for this
reference. |

(5) It would, I think, be most interesting, with reference to this enquiry,
to find out what language is spoken by the Negritos who have recently been
discovered in the small archipelago of Tenasserim. Their comparative isola-
_ tion might encourage a hope that their Sealy language has been less alter-
ed than on the continent,

8 THE PIGMIES.

ceed in finding out whether there is anything solid in the singular
affinities pointed to by Mr. Hyper Crarxe, between the various
Mincopie languages and certain African and American idioms. (*)
Lastly it would be of some interest to investigate whether the
language of the Puttouas of the Amarkantak mountains, which is
perfectly different from any Dravidian dialect of the neighbour-
hood, (2) would seem to be at all connected with those spoken in
the Andaman Islands or Malay Peninsula. .

Social State-——The Mincopies depend exclusively for their exist-
ence on hunting and fishing and have no permanent homes. Living
on the shores of a sea in which fish is remarkably abundant, within
immediate reach of dense forests where pigs are very numerous,
and honey and fruits plentiful, they have not felt the want of
claiming from the soil a supplement of food, and this very state
of comfort has, in itself, kept them down on the lowest rung of the
social ladder. (3)

Most travellers, who have visited the Philippine Islands, have
spoken of the Aétas as having never got past this step, though
placed in much less favourable conditions. La Grronnibre, (*)
and Meyer are very positive on this point, (*) and M. GieLioxtr
has unreservedly accepted what they say on the subject. (°)
Rienzi himself, to whom we are indebted for information as to the
more happy past of these people, represents them as living now-
a-days exclusively on wild fruits and the proceeds of fishing and
hunting. (7)

—$_—_—

(1) Note onthe Languages of the Andamans (Journal of the Anthropological
Institute, Vol. IV, p. 467.)
(2) RoussELetT, Zubleau des Races del Inde Centrale (Revue d Anthropologie,

Vol: tip 282)

(3) Mr. Francis Day informs us that a very small Mincopie tribe, station-
ed close to the British Settlements and receiving daily rations, bagged, in one
year, 500 wild-boars, 150 turtles, 20 wild cats, 50 iguanas and 6 dugongs
(Proceedings of the Asiatic Society of Bengal, 1870, p. 153.)

(4) Vingt Années aux Philippines, p.:303.

(5) Die Philippinen und ihre Benohner, M.

(6) Studi sulla Raza Negrita (Archivio per VAntropologia, Vol. V, p. 293;
and Viaggio della Pirocorvetta Magenta, p. 246.)

(7) Océanie, Vol. I, p. 801.

THE PIGMIES. 9

But it is evident that in the Philippines, this degraded social
status is the consequence of the persecution which these Negritos
have suffered at the hands of more powerful and vigorous races.
No doubt also, the interestedly false statements made to travellers
by the petty chiefs of Tagal villages, (+) have led to the admission,
as general, of a state of things which is, perhaps, more or less excep-
tional. In reply to these exaggerations, I cannot do better than
copy almost verbally M. Monrawo’s own words :—

“The Negritos of the Bataan province seemed to value fully
“the security afforded to them by the just and enlightened admin-
“istration of the Governor, Don Esranisnao CuHaves. I have
“visited them in their own mountains...... The house of the chief,
“very clean indeed, was situated on an eminence surrounded by
“other small hills. Several huts had been erected, every one of -
“them in the centre of a clearing of a few acres planted with
“ banana-trees, rice, sugar-cane and, above all, sweet potatoes.........
“The chief shouted, and immediately the shouts were repeated
“near and far. Before long the whole tribe had gathered round
“me ....... In the province of Albay, where the conditions of
“life must be similar to those which exist in Bataan, I have
“seen a considerable quantity of cacao that had been gathered
‘““ by the Negritos inhabiting the islands of the bay.”’

Even among the Mamanouas (?) of Mindanao, of whom the
last survivors are constantly being hunted down by the ferocious
Manobros, the French traveller saw on the eastern shore of Lake
Mainit, ‘‘a timid tribe, very distrustful, who had nevertheless clear-
“ed a space in the jungle, erected huts, and planted banana-trees
“and sweet potatoes.”

Thus, all that has been said about the indomitable roving
instincts of Aétas is thoroughly inaccurate. If, in certain parts of
the Archipelago, these diminutive negroes lead a wandering life, if
they do not build huts or till the soil, the fault lies with those who
persecute and victimize them. The method of cultivation just

(1) MS. note of M. MonrTAno.
(7?) Name given to Negritos in Mindanao. (MONTANO).

10 THE PIGMIES.

mentioned, very primitive by the way, is to be seen among the half-
breed Negritos of India and the Malay Peninsula. All of them
seem to proceed in the same way. The Gond, like the Manthra,
begins by felling the trees which’ he burns when half dried up.
In the entanglement of trunks and branches, he then sows or plants
rice, potatoes, &c. When the jungle shoots up again, he aban-
dons his frail and leaf-covered hut and proceeds elsewhere to
begin over again. A dog, a few fowls and pigs live as best they
can in these primitive clearings. What they can get by fishing
and hunting, together with edible roots and jungle fruits, seem to
form the principal resources of these people. (")

Such is the present state of things. But have not these tribes,
now half-nomad and scattered, known better days and enjoyed a
more perfect social organization ? It is not easy to give a general
answer to this question.

As far as regards the Mincopies, nothing indicates that they ever
rose above what we know them to be now-a-days. Having, so
to speak. under their hand, all that can satisfy the simple wants
of a wild man, and without intercourse with foreigners, they have
received nothing that could awaken new aspirations in them, and
their intellectual activity has been applied solely to multiplying
or improving the implements required by their mode of life. We
shall see further on that they have, in that line, evinced real
initiative power.

It is more than probable that in the Philippines, the Aétas were
ouce ina more advanced stage. Rienzi, whose summary of the
traditions of these people is unfortunately rather confused, repre-
sents them as having in by-gone days occupied the whole of Luzon
and having for a long while resisted the Tagal invasions. (?) They
had, in those times, a form of government. An assembly of chiefs
and elders superintended the execution of the laws. (°) It is dit-
ficult to admit that, at that period, cultivation of the soil was not

(1) Notes (unpublished) of M. Montano; ROUSSELET, loc. cit. p. 276;
LOGAN, loc. cit. p. 255 ; ete.

(2) Océanie, Vol. I, p. 301.

(3) This is precisely what is still the custom among the Bhils, half-bred
Negritos. (ROUSSELET, loc. cit. p. 61).

THE PIGMIES. fit

practised at least in the same degree as that described by M.
Montano.

With still more reason must it have been the same with the more
or less mixed tribes of Malacca. M. Monrano informs us that
_ the Manthras have still preserved a recollection of the days when
their ancestors ruled over the whole country. At that time, they
say, they had numerous records written on leaves. This fact implies
in itself a social state of which M. Monrano seems to have found
traces in the very name of his guide. He was called, as his father,
grandfather, and, no doubt, his ancestors had been, Panglima dalam,
which the traveller translates as “the lord who administers the
Sultan’s palace.” (1) This descendant of some great dignitary is
now but asimple coolie in a Chinese plantation. In the Malay —
Peninsula, as in India, conquest has destroyed States that were
considerable and flourishing once upon a time, but of which even
recollection has been lost, driving back to the jungles and mountains
the races, more or less Negroid, which had founded them. There
the race, like many other Dravidian (?) groups, has returned to a
wild life. It has been broken up and divided into tribes and small
communities, (*) and the hierarchy of chiefs, recorded by Logan
as existing among the Bermun populations, is probably all that is
left of its former social state. (*)

() Montano. Quelques jours chez les indigénes dela province de Malacea.
(Revue @ Hthnographie, Vol. I, p. 48).

(2) The Bhils among others; however, they still have permanent homes,
well built houses grouped in villages. What may be considered asa suppo-
sition with regard to some of the Bermun tribes would seem to be well ascer-
tained with respect to their brethren the Binuas. LOGAN informs us that the
latter were in former times governed by kings, the origin of whom was
suppesed to be supernatural and whose descendants are still to be found.
(LOGAN, loc. cit. p. 279).

(3) Monrano, loc. cit. p. 46.

(4) In his Memoir on the Binuas of Johore, LOGAN gives particulars con-
cerning five tribes to which all that I say here specially applies; they are
the Udais or Orang-Pagos, the Jakuns, the Sakais, the Mintiras or Manthras
and the Besisis. These tribes inhabit the mountainous region of Gunong
Bermun, one of the highest ranges in the Malay Peninsula. Among the
Manthras, there exist head-men (Batin) whose jurisdiction extends over well
defined districts. Hach Batimm has under him a Jinang, a Jukra or Jorokra,
and an indefinite number of Panglimas and Ulubalangs. On the death of a

12 ' TMTE PIGMIES,

Among Negritos, everywhere the family seems to have survived
the general decline of the race. A Sepoy deserter whose asser-
tions have been too easily accepted by some writers, represented it
as rather loosely constituted in the Andaman islands. Information
gathered by Lieutenant St. Jouy (+) and particularly by Mr. Day,
(2) has corrected what was erroneous in these early reports. The
Mincopies are monogamous. Marriage only takes place with
the consent of the guardian of the maidens, who sanctions the
union of the pair by joining their hands together. The duties of
man and wife are reciprocal, and the parents evince the most ten-
der affection for their offspring. (*) In the Philippine Islands,
La GrronnivkE ascertained analogous facts, even among the wretched
and savage tribe which he visited. ‘The Aétas,” says he, “are faith-
‘ful in wedlock and have but one wife.” When a young man has
made his choice, he applies to the parents, who never refuse
their consent, but send the girl into the forest where she hides
herself before daybreak. The young man has to find her, and, if
he does not succeed, has to relinquish all claim. (*) It is evident
that the decision really depends on the young girl.

M. Montano’s notes confirm and complete the information
given by La Gironniire. He moreover acquaints us with the
curious ceremony which ratifies wedlock among the Aétas of
Luzon. The young couple climb up two flexible trees which
an old man bends down towards each other. When the head of the
bridegroom touches that of the young woman the marriage is pro-
nounced legal and is followed by a big feast and war dances.

I also borrow from the same traveller the following interesting
particulars relating to the Negritos of Mindanao.

‘““Among the miserable Mamanuas, those ancient owners of the

Batin, his successor is chosen from among the sons of one of his sisters.
(The Binua of Johore. Journal of the Indian Archipelago, Vol. I, p. 275).

(1) Loe. cit. p, 245.

(2) Loe. cit. p. 160.

(3) Movuat, Adventures and Researches among the Andaman Islanders,
p- 295.

(4) Loe. cit. p. 302,

a
¢6

«6

.
-

”
.

be

6s

.
na

TILE PIGMIES. 13

land, (1) who are described as so degraded, I have found the
same habits as among the Negritos of Marivelés; I have witnessed
the same veneration for old men, the same love for children, the
same respect for the dead. Among this tribe, which is fast dying
out, the old customs have preserved an unabated influence. These
customs are simple indeed, and the procedure elementary, but
they do exist. It must not be supposed that a Mamanua can act
as he likes in his own hut without having an account to give to
anyone.”

“An unfaithful wife may be killed by her husband, but not

‘unless the adultery be proved, in which case the relations of the

guilty woman assent to her death. Otherwise he would be con-
sidered as a common murderer and hable to be condemned to
death by the chief of the tribe, on the complaint of the relations

‘ of the victim.”

“ Adultery, however, like other offences or crimes, is exceedingly
rare among the Negritos of these regions. The young girls are
very modest in their demeanour. The slightest suspicion on that
score would be an obstacle to their finding a husband.”

“A Negrito does not buy his wife, he simply makes a small
present to his future father-in-law, who generally gives his

‘daughter a dowry equivalent to what he has thus received.”

“ Private property is well recognised and can be transmitted by

‘sale or inheritance. Every field is the incontestable property of

the one who has cleared it, or his heirs. At the death of the
father, should the mother still be alive, the estate is divided in
two, one-half going to the latter, the other half to the children,
between whom it is divided in equal shares.”

“If the children are grown up, the widow continues to live in
the hut of her late husband, but should they be very young, she
removes with them to the abode of her parents.”

“ All disputes are settled by the chief of the tribe and his deci-

‘sions are always scrupuiously obeyed. He has, however, but

seldom to interfere.”

(1) Banua “land”; ba possessive prefix. (MONTANO.)

14 THE PIGMIES.

We must acknowledge that there is a great discrepancy between
this state of things, as described by M. Mowrano, and the informa-
tion given by his predecessors. This is one more instance, to be
added to many others, of the imprudence of limiting oneself to
superficial observation when it is a question of forming an opimion
of these backward and wild populations.

In spite of their intermixture with alien races, the Negritos of
Malacca would, no doubt, if better known, exhibit similar social cha-
racteristics. M. Monvano tells us that they never go to war, (7)
that parents attend most tenderly on their offspring, and, if neces-
sary, will, for their sake, deprive themselves of food. Logan
informs us that, among the Manthras, adultery is punished with
death, but not unless, as among the Mamanuas, the crime be
proved by witnesses. The sentence is passed by the head chief —
(Batin) and carried out by the Panglima. The two culprits are
laid down in the nearest stream and their heads are kept under
water by the means of a fork. A man who is convinced of his
wite’s misconduct, but who has no actual proof of it, can leave her
on condition of giving up to her his house and fields, a certain
amount of cotton stuff,a few rings, and a small sum of money.
The children remain with their mother, but she cannot re-marry
until her divorced husband has taken to himself another wife. (7)

Industry.—\ have already mentioned how the various Negrito
populations support themselves. I must add that none of those
of whom I speak here are cannibals. (*) This accusation has been

(1) LOGAN had already alluded to this fact, which is a r2markable feature
among these wild and sport-loving Puno E (The Binua of Johore, p 273.)

(2) Loe. cit, p. 268

(3) I must remark here that this paper is exclusively devoted to the study
of the Negritos proper. As for the Papua-Negritos, mixed with the Papuas
of New-Guinea and the adjacent island-groups, it is very possible that they
may have let themselves be carried away by example and may have addicted
themselves to man- eating; but it is impossible, for want of accurate informa-
tion, to give an opinion on the sulgject. The confusion which has too long
existed concerning these two races and which is still mcre or less kept up by
some of the most recent travellers, makes it very difficult to study them
independently of each other. The examination of skulls permits of our dis-
tinguishing the two races, but throws no light on the various characteristics
which divide them in other respects,

THE PIGMIES. 15
brought against several of these tribes, particularly against the
Mincopies. Now, far from having any liking for human flesh, the
Andamanese look upon it as a deadly poison. (*)

All Negritos cook meat by boiling or roasting; all consequently
are able to procure fire and no doubt use the same process, the fric-
tion of two pieces of wood. This is an uncertain and laborious task,
even for savages, and therefore when the first spark is procured,
they devise means to preserve it. The Mincopies have invented
a peculiar method of their own: “The large trees are charred in
“ the interior : a great hollow is formed inthe centre in which they
“allow about three feet of ashes to accumulate, under which fire
“is always found—over the fire of these strange ovens the Min-
“copie can grill his little pig, fry his fish and prepare his turtle
“soup.” (?) Among the Manthras the charred tree is replaced by a
heap of clay enclosed in a wooden frame in which fire is care-
fully kept up. (*) In cold or temperate climates the most urgent
wants, after food, are shelter and clothing. In tropical countries, on
the contrary, clothes are a matter of luxury and are often more
inconvenient than useful. It is almost the same with regard to
dwellings. <A simple cover, affording shade during the day, shelter
from the moon’s rays at night, and protection from rain, answers _
all the most important purposes. Travellers are but too often
unmindful of these circumstances, and many writers look upon
this extreme simplicity of dress or houses, as a sign of intellectual
inferiority and want of industry. The Muncopies have been
reproached with wearing no clothes. It is a fact ; with the excep-
tion of a girdle to which I shall refer further on, their dress is
limited to uncouth tattooing or painting such as we see in
Mr. Dosson’s phototypes. (+) Still, in order to protect them-
selves against mosquitos or other insects, they are in the habit,
when night comes on, of smearing the body with a thick coating of

Day, loc. cit. p. 165.

Movat, Adventures, p. 308.

MONTANO, loc. cit. p. 46.

On the Andamans and Andamanese. (The Journal of the Anthropolo-
gical Institute, Vol. IV, p. 457, Pl, XXXI, XXXII and XXXIIT.)

1
2
3
4

Vatatatan
Nw

16 THE PIGMIES.

clayey mud, which soon dries and forms a regular cuirass. They
can thus sleep in peace ; but it is obvious that this night-dress goes
a long way towards developing the rheumatic and abdominal diseases
to which they are particularly subject.

Perpetually wandering as they do, along their shores, the Anda-
manese are not given to erecting permanent dwellings. Jour
poles secured together at the upper ends and covered with broad
leaves give them a perfect hut, which is quickly erected and affords
capital shelter against rain—the only thing they seem to dread.
Such a hut is in reality a kind of impervious tent, the materials of
which are entirely supplied by the neighbouring jungie, and which
need not be transported from place to place. They could not
possibly have contrived anything better, and our own African
soldiers would deem themselves lucky, could they but do the same.

The Aétas are scarcely better clad than their Andamanese
brethren. (1) Further, such of their tribes as are subject to the
continual attacks of formidable enemies do not even erect tem-
porary sheds, but sleep in trees, or, as a protection against cold,
roll themselves up in the hot ashes of a large fire kindled for the
purpose. But we have seen already that, when placed in normal
conditions of life, they know how to erect permanent houses and
settle down.

The photographs of M. pe Satyr Pon-Ltas represent the Sakais
as wearing a simple waist cloth tied round the waist-with the ©
ends hanging down on the thighs. M. Montano has described
the bamboo hut of a Manthra family whom he met living by them-
selves in the midst of the forest. (?) Though anything but luxuri-
ous, this dwelling exhibited the peculiarity of having a floor
raised two feet off the ground. In almost all of the houses of
our own peasants the bare earth is the substitute for plank floors —
and in this respect at all events the Malay savage understands
hygienic conditions better than the European.

MonTANO has been given by me in a memoir called—Nouwvelles Etudes sur la
distribution géographique des Négritos et sur leur identification avee les Pyg-

mécs asiatiques de Ctésias et de Pline, (Revue @Ethnographie, Vol. I, p. 183).
(2) Loc. cit p, 46.

ree Sle

THE PIGMIES. alr é

The Mincopies live exclusively on hunting and fishing, but owing
to their isolation and also to the fables that have been spread con-

_ eerning some of their habits, (1) they have been free to develop

quietly the various industries suited to their mode of life. The
results attained by these islanders had already forcibly struck the
learned observers who were the first in our time to study the
Andamans and their inhabitants. Notwithstanding their contempt
for these “savage negroes,’ CoLEBROOKE, SyMus, and especially

-Movar have in many instances done justice to their merits in this
respect. (?) Thanks to Mr. Man, we are now better acquainted
with them. He got together and sent to London a valuable col-

lection illustrating most of the native industries, and of: this
Major-General Lanr-Fox (*) has given an account as interesting
as it is instructive. J can only very briefly sum up these various
documents.

Let us notice first of all that the Andaman Islands, where it iron
seems to have been introduced by the Chinese and Nicobarese, have
had their stone age, the remains of which are still to be found in
kiekkenmeddings, entirely similar to those of Denmark. These
heaps of “ kitchen refuse” were discovered by M. pr Rorpstorrr (*)
and more closely examined by Dr. Sronicaka. (°) Hammers and
knives were found in them together with rude hatchets undoubted-
ly corresponding with the chipped implements of our stone age.
Close to these were discovered a polished axe which SroutczKa
declares to be identical with the “ celts” of the neolithic period, and
also a real chisel, three inches long, with a sharp edge at one

(1) Ina paper specially devoted tothe Mincopies, I have recorded some of
the fables borrowed from MARCO-POLO and Arab writers—(Revue d’ Anthro-
pologie, Vol. I, p. 40).

(2) I must here refer the reader to my first paper, already quoted.

(3) Observations on Mr. Man’s Collection of Andamanese and Nicobarese
Objects, by Major-General LANH-FOX, F. BR. 8., with four plates. (Zhe Jonrnal
of the Anthropological Institute, Vol. VII, p 434),

(4) A Short. List of Andamanese Test Wor ds. (Proceedings of the Asiatic
Society of Bengal, 1870, p- 178). The Kiwkkenmedding discovered near Hope
Town was about 60 feet in circumference and 12 feet high. Several of such
and even larger heaps are to be found in various parts of Chatham Island.

(5). Note on the Kiehkenmeddings of the Andaman Islands. (Proceedings.
of the Asiatic Society of Bengal, 1870, p. 13), ar

18 THE PIGMIES.

end. Numerous fragments of sun-baked pottery, decorated with
incisions of irregular designs, (1) were found in the same place.
The Mincopies still manufacture pots of the same kind, and if they
have not yet attained the art of baking pottery in a kiln, this is due,
no doubt, to the facility with which they can replace water vessels
by a length of bamboo, and cooking utensils by the large shells of
the Tridacna and Turbo. 7 |
With the exception of harpoons exclusively used for fishing, the
bow is, according to the latest travellers, the only weapon employ-
ed in hunting or warfare. (?) The bow used in Little Andaman ig
very similar, to most others, being straight and symmetrically
tapered from the middle to the ends. (*) In the Great Andaman,
on the contrary, it assumes a peculiar shape. In the middle there is
a kind of cylindrical handle of a comparatively small diameter ;
the two sides, rather wide at first, are flat inside with a convex back;
they get thinner towards the extremities and are curved in opposite
way so that the whole reminds one of an elongated §. This bow
is from 1™75 to 2™ in length. (+) It is very hard to bend, and
the strongest English sailors were unable to string it. (*) In
spite of their small stature and rounded limbs, the Mincopies used
it so skillfully and with such power that, at 40 or 50 metres, the
‘arrows penetrated right through the clothes of Europeans and deep
into the flesh. Several varieties of arrows are used, among which
there is one which might be styled a hunting harpoon. The head
of it, to which the point is attached, is very small, whilst the shaft
is 1m long. The two parts are brought together by means of a
strong cord twisted round so as to keep the two independent por-
tions together. When a pig is struck and tries to escape headlong
through the jungle, the cord unrolls itself, the barbed point of the

(1) Plate XVI of General LANE-Fox’s Wote represents several of these
designs.

(2) SYMEs alone has mentioned long spears and shields made of bark.

(3) , LANE-Fox, Pl. XIV, fig. 3.

(4) Movat, Zoe. cit., p. 321.

(3) General LANE-FOX observes that the same shaped bow is to be found
at Mallicolo. It also resembles the Japanese bow in so far as the ends are
not symmetrical. (Loe. cit., p. 440).

THE PIGMIES. 19

arrow remains in the flesh, but the shaft which is dragged after
him, keeps on checking the course of the animal which is soon
captured.

The Minecopie canoe has deservedly attracted the attention of
the English. It is cut out of the trunk of a tree: outside, it is
highly finished ; the sides are very thin, and the bottom very
thick. Being thus naturally ballasted, it cannot capsize and even
when riddled with bullets it does not sink.

They are propelled by paddles, with marvellous speed. The gig
and cutter of the Pluto, manned by picked crews, had a trial with
a Mincopie canoe, and were completely beaten ; the victory of the
savages was owing to the superiority of their workmanship. (*)

It is useless my dwelling any longer on the various manufac-
tures of these islanders and mentioning their harpoons, nets, &c.,
Here, again, they prove themselves to be equal, and at times
much superior to other races placed in the same conditions of life.
The collection made by Mr. Maw and the plates which accompany the
paper of General Lanu-Fox are sufficient to refute all that has been
said concerning the intellectual degradation of the Mincopies.

It is otherwise with regard to the Aétas, whom persecution keeps
in a continual wandering state, and there is nothing surprising in
the fact. The only weapons they use in war or hunting expedi-
tions are a short spear, a bow, and one single kind of arrow. But
these latter are poisoned, and the slightest wound, if not deadly,
causes, at least, long and acute suffering, which La Grronnitre
has described from his own experience. (*)

(1) Movat, Adventures, p. 315.

(2) LA GIRONNIERE was wounded in the finger by one of these arrows,
in the removal of the skeleton of an Aéta (the first that was sent to
Europe and which is now at the Paris Museum). He took no notice of the
wound which he took for the scratch of athorn. After three days, however, the
poison began to act, and fearful suffering ensued ; the whole arm was inflamed
and the pain extended to the chest. After a whole month of torture, the sick
man was reduced to the last extremity. He recovered, however, but, for
more than a year, he felt pains in the chest. These symptoms recall, in no
way, what travellers and experimenters tell us of the effect of known poisons.
It would seem as if the poison used by Aétas was of a special kind. But
perhaps also the treatment had something to do with the sufferings of the
intrepid traveller.

20 THE PIGMIES,

~ Poison is also employed by the Manthras (1) and other Bermun
tribes. But these half-bred Negritos, although knowing the use
of bows and arrows, have substituted the blow-pipe for them. (?)
In this case, as in many others, we can easily detect the ae
of the Malays.

These Malacca Negritos are also acquainted with the art of
setting snares for big game, some of them being strong enough to
capture even tigers. They place at theend of a long path, artifici-
ally made in the jungle, a strong spear fixed to a tree which is bent
back and kept in position by the means of a catch. Any animal
passing by, releases the spring, and is instantly transfixed. (*)
In India, now-a-days, as in the time of Oréstas, the bow is, so to
speak, the characteristic weapon of the Dravidian races. The
Gonds seem to be the only ones who have given it up and
taken to the use of the axe and pike. (*)

se

ReEticious anpD Moran CHARACTERISTICS.

Belief in Superior Beings—Like many other wild races, the
Negritos, to whom these chapters are specially devoted, have
often been represented as perfect atheists. This is anything but
accurate. We must not, in our appreciation of their rudimentary
beliefs, start from the ideas which educated Europeans form of
religion, even when they declare themselves unbelievers.

On the strength of assertions made by a Sepoy deserter who had
lived for some time with the Muincopies, some writers have, even
quite recently, taken for granted that these islanders do not believe
in any superior being who has any influence, bad or good, on their

+

_() Montano, loc. cit., p. 47.

(2) MonrTano; LOGAN, loc. cit., p. 272.

(3) Loeay, loc. cit., p. 257.

(4) ROUSSELET, Tublean des Races del’ Inde Centrale (Revue ad’ Anthropolo-
gie, Vol. II, p. 276).

THE PIGMIES. 71

destiny. They forget the formal evidence given by Symzs, which
I think right to reproduce textually :—

“ Their religion is the simple but genuine homage of nature, ex-
‘pressed in adoration to the sun as the primary and most obvious
“ source of good; to the moon as the secondary power; and to the
“genii of the woods, the waters and the mountains, as inferior
“agents. In the spirit of the storms they confess the influence of
“a malignant being, and during the south-west monsoon, when
“ tempests prevail with unusual violence, they deprecate his wrath
“by wild chorus, which they chant in small congregations assem-
“bled on the beach or some rock that overhangs the ocean.” (7)
The late statements furnished by Messrs. St. Joun and Day have
still further confirmed the above account of Colonel Symzs.

When the question has been more thoroughly studied as in
other places, we shall perhaps ascertain the existence of a complete
rudimentary mythology among the Mincopies. We know as yet,
through Mr. Man, that they have preserved some tradition of a
deluge. In the south-east of Middle Andaman, they point out a
rock, called Wota-Hméda, on which the first man made his appear-

ance and engraved the history of the creation. Mr. Mav has visited
‘this Mincopie Eden, and has given a description of it. Itis an
isolated boulder of small proportions, the surface of which is
covered with irregular grooves due to the action of the waves and
storms. (7) Let us hope that Mr. Man will enter into more
detail respecting the fables connected with it. (°)

—_

(2) Account of the British Embassy to the Kingdom of Ava, p. 282.
Major SYMES gives the information furnished to him by Captain STOCKOBR,
who had resided for several years in the Andamans and taken great interest
in the natives.

(2) The Andaman Islands. (The Journal of the Anthropological Institute,
Vol. VII, pp. 105 and 455).

(3) ‘This paper was originally: published in August, 1882. Since then I
have read in “ 7he Journal of the Anthropological Institute, (Vol. XII, Nos. I
Il and II), the very remarkable paper of Mr. MAN “On the Aboriginal
Inhabitants of the Andaman Islands.” Unfortunately the first number.
though bearing the same date aS mine, was issued some time after, and I
was consequently unable to profit by the valuable and detailed account given
in it. However, far from altering my essential conclusions, it fully confirms
the opinion which I had always maintained touching the religious feelings

22 THE PIGMIES,

With regard to the Aétas, our present knowledge is less advanced.
M. Montano says in his notes that he could find among them no
form of worship ; but judging from personal experience, he refrain-
ed from concluding that they were wholly destitute of any beliefs
whatever. (1) La Grroynibre, while declaring that these di-
minutive Negroes have no religion, informs us that, at times, they
worship rocks and trunks of trees which seem to bear resemblance
to animal beings. (?) My impression is that in all probability,
this homage is paid to something higher than these material objects,
perhaps to the spirits or genii of the mountains and forests, for
Rienzi tells us that these savages believe in evil spirits called
Nonos, to whom they offer up sacrifices. (*)

This belief in spirits is current among the Bermun tribes, and
consequently among the Sakais, Manthras, &c. Here it is profes-
sionally represented by a body of priests or rather wizards called

of the Andamanese. Where certain travellers had only seen most wretched
savages, where I had myself only suspected confused but genuine notions, we
find in reality a pretty complete mythology and a belief in a true God, invi-
sible, immortal and omniscient, by whom the whole world was created and
whom they call Pi-luga. I shall quote Mr. MAN’s own words (No. II, p.
157) :—

“Of Pi-luga they say that :—

I.—Though His appearance is like fire, yet He is Mow-a-days) invisible.

IJ.—He was never born and is immortal.

IlI.—By Him the world and all objects, animate and inanimate, were

created, excepting only the powers of evil.

IV.—He is regarded as omniscient while it is day, knowing even the
thoughts of their hearts.

V.—He is angered by the commission of certain sins, while to those in
pain or distress he is pitiful, and sometimes deigns to afford
relief.

VI.—He is the Judge from whom each soul receives its sentence after
death, and, to some extent, the hope of escape from the tor-
ments of Jer’-eqg-lar-migu (regarding which anon) is said to
affect their course of action in the present life.

This Jer’-eg-lar-migu is a kind of hell or purgatory which the Mincopies
consider as a cold and icy region.

(._) M. Montano had been told that the Bagobogos had no religion.
Owing to favourable circumstances, he was able to recognise among them a
well defined and anything but rudimentary religious conception, of which he
gave us an Outline in one of his addresses to the “Société de Géographie,”
1877.

(2) Loe. cit., p. 300.

(3) Loe. cit., p. 303.

THE PIGMIES. 23

Poyang or Pawang. After having given, on this subject, many
details, which I need not repeat here, Logan sums up his impres-
sions in the following terms :—‘‘ Among these tribes, we recognise
“‘ a pure Schamamism with its accompanying charms and talismans;
‘“aliving faith fresh from ancient days of Eastern and Middle Asia,
“ preserving its pristine vigour and simplicity, ......... untouched
“by the Budhistic deluge ...... ... and resisting the pressure of the
** Islamism which surrounds it.” (7)

I hardly need remark that among most Dravidian tribes, even
among those who have reached a certain standard of civilization,
we can detect, in spite of the influence of different Hindu or
Mohamedan sects, a substratum of various beliefs similar to those
I have just recorded.

Belief in a future life-—All Negritos believe that the soul sur-
vives the body; that it has the same wants as the living, and
desires that a regard should be manifested for it. Among the
Mincopies it is customary to place a vessel full of water on
the grave of the deceased, so that his soul may be able to quench
its thirst during the night; a fire is lighted under the stage which
bears the body of a chief, in order to prevent his mighty spirit
from harming any traveller passing by; the skull and bones,
exhumed from the tomb, are worn round the neck as propitiatory
to the spirit of the dead ; the soul of a stranger is looked upon as
harmless, and therefore the body of any one who dies away from
his tribe is left unburied. (2)

The Aétas show great respect to the dead. “ For several
“years,” says La Grronnibre, ‘they deposit tobacco and betel on
“the tombs. The bow and arrows which belonged to the departed
“are suspended over his grave, on the day of the funeral, and every
“night, according to the belief of his friends, he leaves it and
“goes out hunting.” (*)

(1) The Binua of Johore. Loe. cit., p. 282.

(2) The details are borrowed from Mr. DAyY’s memoir. They have all
the more weight that the writer gave them “en passant” and without hav-
ing apparently understood their real importance. Observations on the Anda-
manesé, loc. cit. p. 163).

(3) Vingt anneés auw Philippines, p. 301.

24 HE PIGMIES.

The Malacca Negritos do not appear to entertain such well
defined ideas. Logan states that the Bermun tribes light a fire on
the tomb, for several consecutive nights, in order to prevent the
spirit from crying out. (1) M. Mowrano adds that the Manthras
bury their dead sufficiently far from the houses, “so that they shall
not be troubled by the crowing of the cocks.” (7) But neither of
these two writers makes any mention of offerings being presented
to the spirit of the departed, though among the Manthras the grave
is evidently the object of peculiar attentions. (+)

Chastity, Modesty—M. Montano has given us his experience
regarding the chastity of the Aéta_damsels. The testimony
of Symes leaves no room for doubt that this virtue is found
among the Andamanese. Two Mincopie girls who had been taken
as prisoners on board an English man-of-war, were soon tran-
quillised in many respects, but though they had been put by
themselves in a separate room, they never went to sleep both at
the same time, but watched alternately over each other. (*) Not
one of the travellers who have visited the Andamans up to the pre-
sent time has ever reported having witnessed any of those scenes
and scandalous sights so often alluded to by the discoverers of the
Pacific Archipelagoes. Ia that respect, the Mincopie women are
unquestionably superior to the Polynesians.

Want of decency is the most common of all the accusaeeme
which have been brought against a whole host of wild tribes.
But we know that travellers have often been mistaken, so far in-
deed as to take for the height of immodesty what, in the eyes of
the natives, was but an elementary act of decency.

On this particular point, we lack information with regard to most
Negrito races. But as to the Andamans, where the dress of the
women is as limited as possible, we know now, thanks to Mr. Man,

(1) Loc, cits p. 201.

(2) Loa. cit., p, 49.

(3) Montano, loc. cit., p. 50, and Fig. 52, 53, 54 and 55. [But see Mr.
HERVEY’S description of a JakGn tomb in No. 8 of this Journal.-—ED.,
Journ. Straits Branch, R. A, S.]

(4) Loe, cit. p. 243.

THE PIGMIES. : Ze
that such a dress does exist and bears a particular name (*) and
that appearing without it is considered as indecent. (7?)

Though displayed otherwise than with us, modesty nevertheless
exists among the Andamanese.

The history of a Mincopie, brought over to Europe, shows how
much this sentiment is developed among these islanders. When a
full length photograph was taken of Jack ANDAMAN and “he
“was told to strip, 1t was by no means an easy matter to prevail
“upon him to take off his clothes, and, when he was dressed again,
“he manifested much joy at the restoration of his garments. This
“savage seemed utterly shocked at the very thought of being
“ seen naked.” (3)

General Character.—It follows, from the various descriptions
given above, that the Negritos, who are the special subject of this
Part, are far from deserviny the accusations which have been too
often brought against them.

The Mincopies who have repeatedly been depicted as horrid can-
nibals, have been found, when more closely examined, to be spoilt,
capricious but good tempered children. (+) Movar describes them
as a gay, laughter-loving population, fond of singing and dancing.
Far from being intractable and cruel, they have shown themselves
kind and hospitable when fear was banished from their hearts.

The English traveller adds that they are courageous, hardwork-
ing, skilful and extremely active, and, that under the influence of
civilization, they would become intelligent and industrious. (°)

M. Mownrano tells me in his notes: “ Not only are the Negri-
“tos anything but ferocious, but they are really humane. They
“nurse the sick with much devotion, even when they do not
“belong to their own family.” Headds again: “The Manthras
“are not wanting in brain power but carelessness and laziness

(1) Béd-da. This girdle varying in shape, is represented in the paper
quoted above. Pl. XIII, fig. 27 and 27 a.

(2) Observations on Mr. Man’s collection, loc. cit. p. 440.

(3s) “Mowat, loc. cit. 284.

(4) St. JOHN, loc. cit. p. 45.

(5) Adventures, Preface p. XV.

25 THE PIGMIES.

“seem to prevent them from making any progress.” (7) At
the same time he acknowledges among them the gentle and
soft manners to which we have already alluded. In this, he
agrees entirely with Logan. The latter, however, considers the
Bermun tribes as inconsistént and irritable. They must, says
he, be treated as children. (?) Sr. Jouw uses the very same
expression with regard to the Mincopies. It shows once more
that these two groups resemble each other, in their moral as well
their physical characteristics. To deny their fundamental ethnical
identity is evidently impossible for any one who has at all studied
the question.

Conclusion.— However, incomplete this study may be, the con-
clusion to be drawn from it seems to me to be obvious and easy to
formulate. From nearly unanimous testimony, these races have
been considered as occupying one of the last stages in humankind.
When attention was originally directed to the Mincopies, some
learned men of unquestionable merit, were led to believe that the
missing link between the man and the monkey had been found at
last. We have now seen that this is not so and that, even where
furtherest removed from change and from mixture with other
races, the only things which ennoble a community, the Negritos
prove to be true and real men in every respect.

BAR ay Sve
E NEGRILLOS OR AFRICAN PIGMIES.
if
The Afiican dwarfs of whom the Ancients had a glimpse and the

very genuine existence-of whom has given rise to so many legends,
wore enly discovered again by n odern generations at a late period.

(1) MonTANO, loc. cit. p. 47.
(2) Loc. cit. p. 269.

ee a oe eee ee

>

THE PIGMIES, 27
In 1625, Barret first made known certain facts ascertained: by him
in the Loango. (*)

At eight days march to the east of Cape N egro, (7) is found,
according to him, the Mani-Kesock territory, to the north-east
of which “lives a race of Pigmies, called Mfatimbas. Their sta-
“ture hardly exceeds that of an ordinary boy of twelve, they
“are all most uncommonly stout. They feed on the flesh of
“animals which they kill with arrows. They pay to Mani-Kesock :
“a tribute of elephants’ tusks and tails. Though their disposition
“is by no means fierce they absolutely refuse to enter into the
“houses of the Marambas or receive them in their own towns.
“The women are as skilful ay the men in archery, and are not
‘afraid of penetrating alone into the depth of the woods, with
“no other protection than their poisoned arrows. (*) ’

Without mentioning the source of his information, Dapper gives
details of the same kind regarding the Mimos or Bakké-Bakkés whom
he places a little further south, in the very heart of Loango. (*)

More recent observations, the latest of which does not go back
farther that 1861, (*) have come to hand to confirm these ancient
data. The Bakké-Bakkés of Dapper were discovered again in
Loango, under the name of Bakonkos, by a German expedition
who brought back portraits and photographs. (*)

(1) ANDREW BATTEL, an English sailor, taken prisoner by the Portuguese
in 1589, was carried away to Congo. where he remained a captive for nearly
eighteen years. He published his “adventures in Purchas’ collection. WAtLc-
KENAER gave a detailed summary of this narrative after calling atten-
tion to the evident veracity which characterises it. Histoire générale des
Voytges, vol. XIII, p. 12 and 434).

(2) This is not the Cape Negro situated South of Benguela, 16° 3’ south -
latitude and 9° 34’ east longitude (Malte-Brun). The Cape Negro, alluded to
by Battel bounds on the west the Bay of Magomba, and is perhaps Cape Yumba
which Malte-Brun places 3° 30’ South Latitude.

(3) Histoire générale des Voyages, vol. XIII, p. 441.

(*) Description de la ‘Basse Ethiopie.

(5) F. ToucHaRb, Notice sux le Gabon in the Revue maritime et onic
vol. IIT, p. 9, quoted by M. Hamy in his Lssai de coordination des matériaux
récemment recucillis sur Vethnologie des Négrilles ou Pyginees de PASrique
équatoriale, (Bulletin de la Société @anthropologie de Purvis, 1879, p. 82).

(6) Zeitschrift fiir Hthnologie, 1874—R. HARTMANN, Die Neyritier, Pl.
XIII. These and many of the following bibliographical references regarding
the history of Western Negril los are borrowed from M. Hamy’s work.

28 THE PIGMIES,

Dr. Tovcnarp has remarked on the recent disappearance of a
Gabonese race, the Akoas (*) a small group of whom were never-
theless in 1868, still established in the woods north of the river
Nazareth. Admiral Fireurtot pe Lane@ne was able to photo-
eraph one of them who was a real dwarf. (2) It is the same
with regard to the M’Boulous, Chekianis or Osiékanis visited by
M. M. Tovcnarp (*?) and Marcus. (*) Smothered between the
Fans and the Pongoes, they are fast dying out like their brethren,
the Akoas. |

By grouping together the information procured by these various
photographs and descriptions, M. Hamy hasbeen able to draw an
almost complete portrait of some of these African dwarts. The
Akoa, examined by Admiral Fievriot, “seemed to be forty years
“old and was from 1™ 39 to 1* 40 in height. He was most
“beautifully proportioned....... He had a fairly good head, his hair
‘was well placed, and less woolly than those of Negroes properly
“so called; the nose was straight and the commissure of the lips
“well defined, exhibiting in no way the bestial stamp so common
“with certain African types. (°)” The photograph justifies this
description. The head is globular, but relatively strong. The
length of it, as compared to the total height of the individual
comes very close to the ratio already mentioned by M. Hamy with
reference to a Babongo (1/6). (°) The countenance is just a little
prognathous. The muscles of the thorax and upper limbs present
outlines at the same time developed and rounded; the lower limbs

however are more slender, the feet are decidedly flat, and the heels
rather too projecting. (7)

(1) Notice sur le Gabon. (Revue maritime et coloniale, vol. III, p. 9)

(2) Croisieres a la cote d Afrique, 1868 (Lour du Monde, 1876, p. 279
and plate p. 283). Owing to a. oversight, this Akoa or Akoua (FLEURIOT)
is described as an Obongo.

(8) Loe. cit., p. 9.

(4) Trois voyages dans V Afrique occidentale, p. 106.

(5) Letter of the Admiral quoted by M. Hamy, Joc. cit., p. 84.

(®°) Thisis the highest ratio yet recorded among human beings. The Ne-
grillos.would surpass the Negritos in this respect,

(7) Hamy, loc. cit., p. 84,

THE PIGMIES. 29

M. Marcue describes the M’ Bovnovs as having an earthy-
brown complexion. (+) Admiral Frrvrior confines himself to
stating that these dwarfs are not so dark as their taller neighbours.

We have seen above that the Admiral has only spoken appro-
ximately of the height of his Akoa. M. Marcue also confines
himself to saying that the M’ Boutovs hardly exceed 1™o 60. Dr.
FALKENSTEIN is more precise. The adult Babonko, whom he pho-
tographed, was about forty years of age and measured 1™ 365. (”)

The average of these four figures is 1™ 428; but as two of
them have been given as maxima, we are entitled to consider this
average as too high. With regard to stature, the Negrillos of
this region would therefore be below Negritos and would come
nearer to the Bushmen, who are perhaps the shortest race of
men, their mean height being as low as 1™ 370. (°).

But the Negrillos differ from the Bushmen in a most essential
anatomical characteristic. These latter are strictly dolichocephalic
or sub-dolichocephalic, (*) whereas, on the contrary, the Akoas
the Bongos,...&c., are brachycephalic or at least sub-brachycepha-
lic. (©) The measurements of the skulls, brought back by Admiral
Frevriot, M. Marcue and others, have removed all doubt as to
this fact which a simple glance at the photographs is sufficient
no prove. (°)

M. Hamy has not contented himself with recognising and defin-
ing the Negrillo type of the tribes that have maintained a com-
parative purity of blood in Gaboon, lower Ogooué and Loango; he
has traced it much farther and has shown that it has had a real
and important influence on the formation of several of the popula-

() HaAmy, loc. cit., p. 86.

(2) The other individual was a young man of een years old who mea-
sured 1m025 only. ( HAMY, loc. cit., p. 82.)

(3) We shall see further on that the Akkas seem to stand below the Bush-
men in this respect.

(4) Their average horizontal index, 77,45, places them in this last category
(Crania ethnica, p. 398.

(5) Their average horizontal index, 83.23, raises them to-the upper
limit of sub-brachycephalism, ( Crania ethnica, p. 350.)

(6) Among others, the photograph given in the work of Admiral DE
LANGLE above quoted.

30 THE PIGMIES.

tions of the same region and adjacent territories, who are connected
with the negro type proper. Availing himself again of materials
of all kinds, M. Hany has proved that crossing of dolichocephalie
with brachycephalic Negroes could alone account for the general
mixture of characteristics, especially for the morphological differ-
ences in the skull, remarked, instance after instance, among various
tribes of the valley of the Ogooué of Fernand-Vaz. (1) I need
not follow him here in all the details which have brought hin to
this general conclusion, but will state one single fact only. When
M. M. pe Brazza and Battay returned from the perilous jour-

ney, which was rewarded by the discovery of the Alima and the

Licona, they found, on an island of the Upper Ogooué, four skulls
? J ? fee oS ?

and one complete skeleton which are now in the anthropological

gallery of the Museum. Two out of these five skulls, have an

average horizontal index of 82.24, thus approaching very closely

to true brachycephalism. (?) The three others are dolichocephalic.
The former are the skulls of Negrillos the latter of Negroes.
Let us add that the observations, gathered by M. Marcuse

among the N’Javis, the Apindjis, the Okotas and the Okoas, show

that among these races, who have the skull relatively full, there is
a sensible falling off in stature. (°) With-the N’Javis, it hardly

(1) I should mention, among others, the study made by M. HAmy of the
eraniometrical results which Professor OWEN obtained by examining a
collection brought from these regions by M..DE CHAILLU.. The Huglish
savant had published the rough figures. Our countryman calculated the
indices and showed that, out of the 93 skulls, which formed the collection,
49 only were dolichocephalic or sub-dolichocephalic, 11 sub-brachycephalic,

and 2 brachycephalic. The intervention of an ethical element belonging _

to this last type is shewn clearly by this discussion which M. HAmy has
made the starting point of his studies on the same subject. (Vote sur
Ucaistence des Negres brachycéphales sur la este occidentale d Afrique, in the
Bulletin de la Société @ Anthropologie, 2me série, vol. VII, p. 210.)

(2) HaAmy, Wote sur Véwistence des Negres brachycephales J¢., p. 96.)

(3) M. HAmy thinks that these tribes are allied to the Obongos seen by
DU CHAILLU, near Niembouai in the Ashango land, ( 1°58’54” south latitude
and 11°56/38” east longitude). These Obongos belong in fact to the small
sized populations we are examining now. Tae young adult male measured
by the traveller, was 1m366 only, and one of the women, 1m340. But the
dirty yellow colour of their skin and especially their short hair, growing m
small frizzled tufts, had led to connectiug these dwarfs with tie BUSHMEN
However, DU CHAILLU has not mentioned the characteristic apron and steato-

THE PIGMIES. 31

reaches 1™ 60. Among the Akoas, the average height of the men
varies from 1™50 to 1 52, that of the women being 1™40 to 1™43.
(7) . Atthe same time, the complexion is lighter, prognathism
diminishes and the general outline is elegant especially among the
women, whose rounded faces have a pleasant expression. It is
evident that the negro type proper 1s modified in places by
a distinct ethnological element, and we may consider the whole
of this region as having been in former times, and still being to
some extent, a centre of a Negrillo population. I shall further
on reter again to the distinction which has thus to be made
between the past and the present.

I am inclined to consider as a centre of the same kind, another
small territory, the Tenda-Mai¢, situated much further north and
west, in a bend of the Rio-Grande. Mouuten, who visited these
regions in 1818, says “‘ there is but little uniformity in the general
“ characteristics of the physiognomy of these Negroes but the
natives of the village of Faran are remarkable for their small
stature, slender limbs and the softness‘of their voice. They are
the true African Pigmies.” (7) However incomplete this short
description may be, it is easy to see that Tenda Maié is inhabited
by a mixed population, of which these Piemies are an element.

Although Tenda Maié is somewhat distant from the spot
where the Nasamons (*) of Herodotus were taken prisoners, yet
it is difficult not to connect the diminutive men alluded to by the
Greek historian with Motrren’s Pigmies. The upper basins
of the Kio-Grande and Niger are not far apart and we may admit,
without difficulty, that they were inhabied, in former days, by men
of the same race.

oe

os

66

pygy as existing among the women though he saw them quite close. Some
uncertainty, which cranial measurements alone could remove, still prevails
‘therefore with regard to the ethnical affinities of the Obongos. (DU CHAILLU,
LAfrique sauvage, p. 260.)

(1) MARCHE Ziois voyages dans UV Afrique occideatale, p. 342.

(2) Voyage dans Vintéricur de VAfrique, aux sources du Sénégal et de la
Gambic, second edn. vol. II, p. 216. The village of Faranis situated about
14° 15’ west longitude and 10° 68’ north latitude.

(8) Vide Part I, p.

32 THE PIGMIES.

The Gaboon, the Ogooué and the Loango are a long way from
Tenda Maié, and the existence of Negrillo tribes has never as yet
been reported within these lmits. I am, however, inclined to
believe that all these races of low stature are closely allied one
with another. We know that the whole of the Guinea coast
has been the same of successive invasions which have brought the
conquering tribes of the interior up to the sea-coast. The purpose
of the movement of these swarms of tribes, and their murderous
customs, of which the Dahomeyans of our own times still furnish
a well known example, explain easily how a comparatively feeble
race could, and in fact did disappear over a considerable area.
The extinction of some of these tribes has just been carried out
in our own generation and under our very eyes. It was no doubt
one of the last scenes of a drama, the first acts of which were
enacted far back in the past.

IT shall not enter into more detail, the above being sufficient to
lead me to the conclusion that the Negrillos of the Rio-Grande
and those of the further end of the Gulf of Guinea are closely
related with each other and that both have relation to the small
beings described to Herodotus by the Nasamons.

TE

Almost due East of this Gabonese group of pigmies, there pro-
bably exists, in the very heart of Africa, a large centre of Negrillo
populations of which the ancients could have had no knowledge.
The accounts given to Srantey by AnMeED, son of DsoumaH
(+) seem to me to be of too precise a nature not to be founded on
fact. This ivory merchant had himself seen the small men he
spoke of and had had to fight them ; he owned having been beaten
by them and his statements agree withall the other information
collected by the great American traveller. From this ensemble
of evidence, it follows that towards the centre of the region
comprised within the extensive track of Livinestons, there exists
a race of dwarfs called Vowatowas, very numerous, spread over a

(1) Across the Dark Continent. Vol. II, p. 114.

THE PIGMIES. a0

considerable area and in possession of complete independence.
(:) As he passed through Ikoundou, (2) Stanuey captured an
individual belonging to that or a neighbouring tribe. This Voua-
toua measured 1™41. His head was large and his face was
surrounded with uneven whiskers of a light chocolate-brown
colour. Like Barret’s little Negroes, these Vouatouas are elephant
hunters and use poisoned arrows. This combination of physical
and social characteristics connect them evidently with the Negril-

los above-mentioned. We shall again find similar traits among
their brethren, the descendants of the Pigmies of Homer and
Pomponius Meta.

The tradition referring to the latter is by no means lost; it
has been kept up, in particular, by the Arab geographers who have
placed a river of the Pigmies in the South of Abyssinia. The
Reverend Father Lion pes AvancuERrs is of opinion that this
river can be identified with a stream springing from the Anko
mountains, a little to the north of the Equator. In this region,
about 32° east longitude, this eminent missionary has placed his
Wa-Bérikimos, (*) also called Cineallés, which literally means what
a wonder! He also saw, in the kingdom of Géra, several of these
dwarfs whom he describes as “deformed, thick-set beings, with
large heads, and at the most four feet in height” (about 1™ 30) (*).

The particulars collected by M. p’ApBapin from AMacE, ambas-
sador of the King of Kullo, and from a woman a native of the
neighbouring territory of Kaffa, (°) corroborate the preceding
statements. The Malas or Mazé Maléas would stand a little over

(1) In STANLEY’s large Map this region is placed in about 3° south latitude
and 19° east longitude. The traveller adds that the Vouatouas are also
called Vowakouaangas, Vouakowmas and Vouakowmous.

(2) Ikoundou is in latitude 2° 53’.

(3) Lsquisses géographiques des pays Oromo ou Gallu dits pays Somali
et de la cote orientale d’ Afrique, with a map, borrowed from a letter to M.
D’ABBADIE. (Bulletin de la Société de Géographie. 4me série, vol. XVII,
1879, p. 163).

(*) Lettre a M. A. d’Abbadie, with a map (Bulletin de la Société de
Geographie, 5me série, vol. XII, 1866, p. 171).

(5) Situated about 6° north latitude and 34° east longitude ( Map of Rey.
Father LfoN DES AVANCHERS, Joc, cit.)

34 THE PIGMIES.

1m 50; they are of a black, and occasionally reddish, complexion
(taym). (*)

The data, which my eminent colleague has been good enough to
give me, seem to take these diminutive Negroes a little further
North. But, even so, this would indicate that here, as in Western
Africa, they are scattered over a more or less extensive area, and
that their tribes bear different names. Everything, therefore, tends
to show that, to the south of the Gallas countries, there exists a
centre of a Negrillo population, and I do not think I am too bold in
connecting these eastern tribes with the Pigmies of Pomponius
Meta, just asI have compared the small beings of Heropotus with
the dwarfs of Senegambia. It is useless, I think, my repeating
here, in support of this opinion, the arguments which I have men-
tioned above.

We know that it is particularly the Pigmies of Homer, living in
the marshy region of the Nile, who have attracted the attention
of commentators. Ihave before this recalled the opinions expressed
by Burron and Routt on this subject. (?) The paper of the Abbé
BANIER suins up the various interpretations offered by other
savants, who, also regarding these legends as having a certain
groundwork of truth, have tried to indentify the dwarfs of mytho-
logy with some of the populations known to the ancients. (%)
It is hardly necessary to add that these conjectures, which were
based on uo solid foundation whatever, could lead to no valua-
ble result, and it is easy to understand why earnest investigators
should have rejected, as groundless, all that had been said on the
subject. It was reserved for modern exploration to give another
direction to these researches and to lead to positive conclusions.

In fact, the further travellers have penetrated in the regions of
the Upper Nile, the more evidence they have been able to collect

a M. 8S. Communication of M. D’ABBADIE with a note by the same
author. (Bulletin de la Société @ Anthropologie, 3me série, II, p. 100).

(7?) Vide ante. Part I.

(3) Dissertation sur les LPygmées (Mémoires de ?Académie des Insevip-
ticns ct Belles Lettres, vol. V, p. 101). The author endeavours to prove that
P gm cs have really existed aud are to be looked for in ancient Hvhiopia,
He identifies them with the Pachinians of Ptolemy.

THE PIGMIES, 85

with regard to these small sized populations. The existence of true
Pigmies thus became more and more probable; so much so that in
some instructions framed by a committee of the “ Académie
des Sciences”’ for the exploring expedition of M. p’Escayrac pr
Lauturs, the compiler took care to draw the attention of the tra-
veller to this particular point. (*) But we know that it has been
in vain that Europeans have travelled up the Nile and have even
reached its source; they have never come across these small beings.
SpeKE alone saw, at the court of Kamrasi, a deformed dwarf of
whom he gives a portrait. But this drawing and accompanying
explanation show that Kymfnia, far from belonging to a race of
Pigmies, was not even aware of the existence of these diminutive
Negroes. (?)

It¢ is Scuwernrurta to whom is duethe honour of demonstrating
that the myth of Homer concealed a reality, and of proving the words
of Aristorie. But to do this he had to cross over from the water-
shed of the Nile to that of the Onellé, to go beyond the land of
the Niam-Niams and reach the country of the Monbouttous which
he was the first to visit. It was at the court of Mounza that he
discovered this dwarfish race, still known there under the name of
Akkas, the very name which Martetrr had read at the side of
the portrait of a dwarf on a monument of the old Egyptian empire.

From the information given to Sciwervrurtu by ApiMoxou,
chief of the small colony which Mounza keeps near his royal resi-
dence, it would seem that the land of the Akkas or Tiki-Tikis, @)
is situated about 38° North latitude and 25° Hast longitude. This
country is no doubt pretty extensive. Living on amicable terms
with the surrounding populations, and protected by their mighty
neighbour, the Akkas seem to occupy here a continuous area and

(1) Comptes rendus de UV Académie des Seiences. Sitting of the 10th
November, 1856, and Bulletin de la Société de Geographic, 4me série, XII,
p- 267. This committee was composed of M.M. Daussy, CorDIEnR, ELIE
DE BEAUMONT, Moguin-TANDON, MonraGcne, Is. GEOFFROY SAINT-HI-
LAIRE, VALENCIENNES, J. CLOQUET and JOMARD.

(2) Zhe Source of the Nile. J. H. SPEKE, p. 496 and plate, p. 497.

(3) Movunza used the word Akka to describe these little Negroes, whereas
their own suzerain Moummeri, called them Tiki-Tikis.

36 THE PIGMIES.

number, nine distinct tribes having each its own king or chief. (*)
At the time of Scowe1nFuRTH’s visit, these people were, partially
at least, under the authority of Moummert, one of Mounza’s vas-
sals, who came to pay homage to his suzerain at the head of a
perfect regiment of these small Negroes, so that the European
traveller was able to see, at the same time, several hundreds of
these dwarf warriors. (7)

In exchange for one of his dogs, ScHwertnFrurtsH obtained from
Movnza one of the Akkas of whom he had made a portrait (*)
He intended bringing him over to Europe, but the unfortunate
Nsivovusé died of dysentery at Berber, South of Khartoum. His
skeleton may perhaps one day be found by some traveller and
brought to some Museum where it will furnish to science the
anatomical indications which are still wanting concerning these
people.

The only records we have as yet, with respect to the Akkas,
proceed from the examination of living subjects, and are very few
in number. ‘The notes and measurements taken by SCHWEINFURTH
were burnt in the unlucky fire which destroyed the fruit of three
years’ arduous work and toil, and it was anything but easy to make
up, even partially, for such a loss. However, M. Marno had the

(1) SCHWEINFURTH, Aw ceur de V Afrique, p. 110. This journey is one
of the most remarkable among those which have so rapidly increased our
knowledge of Central Africa. It lasted from the beginning of July, 1868,
to the early part of November, 1871, and the greater part of it was made in
countries entirely unexplored up to that time by Huropeans. The traveller
had gathered splendid collections of all kinds and had taken numerous obser-
vations, notes, drawings, maps, etc. Nearly all of these scientific trea-
sures were unfortunately destroyed by fire. We can wellimagine the grief
of the savant thus reduced to relate his travels from memory. His work
is none the less most valuable on account of the information obtained about
regions which until then were utterly unknown.

(2) SCHWEINFURTH, Aw ceur del Afrique, p. 115.

(3) Jd. p. 64. SCHWEINFURTH has given a full height portrait of another
Akka called BOMBI. (Jd, p. 121).

Since Mounza has learnt the value attached to Akkas, as objects of curiosity,
he occasionally gives them as presents to the ivory merchants who visit him
every year. This is how one of these individuals arrivéd at Khartoum; he
had been sent to the Governor of the Soudan by EmiIn-BEy ( Doctor
SCHNITZOR ). M. Vosston, the French Vice-Consul, gave a brief descrip-
tion of him in a letter to which I will refer hereafter.

P een: a

THE PIGMIES. 37

good luck, during one of his travels, of coming across two Akka
female slaves, a young girl and an adult woman. (1) Another
woman, Saipa, sent to Italy by Gusst-Pacua, was thoroughly
examined by M. Grentott. (27) M. Cmariit-Lone-Bry saw also
a woman who had accompanied one of Movyza’s sisters
to the country of the Niams-Niams. (*) M. Vosston, French
Vice-Consul at Khartoum, has given, in a letter that was put at my
disposal, a brief description of a grown-up man. But, though
these records may corroborate and complete each other, still they
would be quite insufficient, had not a favourable circumstance
occurred, which furnished European anthropologists with the means
of studying personally the curious race under remark.

A traveller, more courageous than learned, M. Mrant, had fol-
lowed on the footsteps of ScHweEtnFruRTH and also reached the
country of Mompovrrous. Less fortunate than his predecessor,
he broke down from fatigue, and died, bequeathing to the Italian
Geographical Society, two young Akkas whom he had exchanged
for a dog and a calf. (*) After various vicissitudes, TeBo and
CHATRALLAH, were taken charge of by a man of science and feeling,
Count Minrscancui-Ertzzo, who had them brought up under his
direction. They could thus be followed and studied at leisure.
Their photographs were at the same time profusely distributed
by the Geographical Society, and attracted, on all sides, the atten-
tion of anthropologists. (°) The result of these observations was

() M. Marno’s notes were published in the Mittheilungen der Anthropo-
logischen Gesellschaft in Wien, vol. V, and were analysed in the Archivio per
l Antropologia e la Ktnologia, vol. TV, p. 451, and: also in M. Hamy’s work, loc.
Git: p. 98.

(2) Gli Akka vevanti in Italia. (Archivio, vol. X, p. 404.)

(3. (Voyage au Lae Victoria Nyanza et aw Pays des Niams-Niams ; Bulletin
de la Societé de Geographie, 6th Series, vol. X, p. 363) and Central Africa, p-
263, with plates, p. 264 and 267. In the latter an Akka woman is represented
between two Niam-Niams and hardly comes up to their shoulder.

(4) Les Akkas, by Count MINISCALCHI-ERIzzZ0. ) Congrés International
des Sciences Géoyraphiques, Session of Paris, 1879. vol. I, p. 299.) The author
gives three photographs representing TEBO, full fuce and profile, and CHAIR-
ALLAH full face only.

(5) TEBO and CHAIRALLAH, on arriving at Cairo, were examined by
CoLucciI-PAcHA, REGNY-BEY, Doctor GAILLARDOT and by M.M. ScHweEIN-
FURTH, OWEN, CORNALIA and PANCERI, who happened, by chance, to be at

38 THE PIGMIBES.

first to remove all doubt as to the reality of SoHWHINFURTH’S dis-
‘covery. Some persons considered the individuals previously
measured by travellers as mere children and believed that Tuzo
and CHalRALLAH would grow taller. (1) The former of these two
suppositions could not stand before the accurate statements made by
Marn6, on the observatinos of MM. Giexrrori and CHarif-Lona
on three women, and those of M. Vossion on a man; as for the
second hypothesis, it was refuted by one of the two Akkas himself,
who, as he grew older, never exceeded or even reached the maxt-
mum height recorded by ScHWEINFURTH. (7)

The Russian traveller measured six adults; none of them, says

the same time in Egypt. Their observations were published in the Bulletin
de UInstitut Eyyptien in 1873 and 1874. These little negroes were the cause of
the publication of many other papers, among which I shall quote: Haamen de
deux Negres Pygmées de la tribu des Akkas ramenés par Miani du fleuve Ga-
bon, by M. RICHARD OWEN ; Remargues on the above paper, by MM. Broca,
Hamy and de QUATREFAGES. ( Bulletin de la Société d Anthropologie, 1874,
p. 255.) ;—Sur les Akkas by M. PANIZZA (id, p. 463; Odservations sur les Races
nains Africaines & propos des Akkus, by A. DE QUATREFAGHS (id, p. 500 )
and Comptes-rendus de V Académie des Sciences, 1874, p. 1518) ;—Les Akkas,
race Pygmée de V Afrique Centrale, by P. BRocA (Revue d@ Anthropologie, 1874,
p- 279 );--I due Akha del Miani, by MM. P. MANTHGAZZA and A. ZANNETTI,
(Archivio per UAnthropologia e la Etnologia, vol. III, 1874, p. 187) with an
Appendix (p. 158) including three letters written at Cairo by MM. Owsgn,
P. PANCERI, and EH. CoRNALIA ;—Lettres sur les Akkas de Miani, by H. Cor-
NALIA, with remarks by M. M. GIGLIOLI and ZANNETI Archivio——, 1874,
p- 428 ;—Gli Akka del Miani by Z—— Archivio——, vol. IV, 1874, p. 249 );
—Alteriori Notizie entorno di Negriti; Gli Akka viventi in Italia, by Pro-
fessor H. HILLIGER GIGLIOLI ( Archivio -- , vol, X, p. 404 ).

(2) Panizza—loc. cit, p. 464. The Anthropological Society of Madrid seems
to have shared the doubts entertained by the Roman Doctor.

(3) Some doubt has been entertained as to tae purity of type of MIANI’s
Akkas. M. HAmMy expresses, on this particular point, (loc. cit, p. 97) a
reservation which is not perhaps entirely without ground with regard to
CHAIRALLAH. On the other hand, his cephalic index is rather low (77.52 ) ;
MM. MANTEGAZZA and ZANNETTI, in their exhaustive work on these Akkag,
grounding their opinion on the supposed age of the two subjects and the
general laws of growth, had predicted that TmBo would stop below CHAIRAL-
LAH (loc. cit, p. 144). The event has confirmed their prediction; CHAIRAL-
LAH, still growing, had reached 1m42, whereas TEBO, who has ail the cha-
racteristics of an adult, and seems to have finished growing, has stopped at
1m41 (GIGLIOLI, loc. cit, p. 406). Moreover, the latter has a very high index
( 80.23-). Therefore, if any doubt can still be said to exist with regard to
CHAIRALLAH, who may perhaps bave been affected by intermixture with a
full-blood Negro element, such a supposition cau however not apply to TEBO
himself,

THE PIGMIES. 89

he, exceeded 1™50. (1) The one measured by M. Vosston, was
32 years old and 1731 in height. Trso, the older of Muiant’s
Akkas, with all the characteristics of an adult, has stopped grow-
ing at 1™41, which is the average for the three figures above. (?)

The woman measured by Marn6, was from 20 to 25 years of
age and came up to 1™86 (3); the one of CHarnuf-Lone was
(1216; Ssipa, 1™34 (*); the mean height thus being 1™3802.
The average for both sexes would be 1™356. These figures bring
the Akkas, with regard to stature, perceptibly below the Mincopies,
and. even slightly under the Bushmen, who, to this day, have been
looked upon as the smallest people on earth. But the measure-
ments obtained, up to now, among intertropical Pigmies are not
numerous enough to allow of this fact being definitively accepted
by science. (*)

ScHWEINEFURTH describes the Akkas as having a very large head,
a wide and nearly spherojdal skull. (°) The latter feature has
certainly been exageerated. The highest index, ever measured on
the body, is given by Marndo’s figures and only reaches 82-85,
which amounts to about 80-85 for the dry skull. The average, for
three young subjects, is 78-03, that is, over 76-00 for the dry skull.
(7) This result, far from indicating the true dolicocephalism which
distinguishes full-blooded Negroes, agrees on the contrary with the
figures that distinguish the Negrillo type as shownabove. Accord-
ing to SCHWEINFURTH again, the complexion of the Akkas recalls
the colour of slightly. burnt coffee. The observations made on

CG) Loe. cit, p: lor.

(2) GIGLIOLI, loc. cit., p. 406.

(3) Loe. cit, p. 461.

(*) Loe. cit, p. p. 410.

(5) This reservation is all the more justified that no Akka has ever exhi-
bited so low a minimum (lm14) as the female Bushman measured by BaR-
ROW and especially as the individual of the same race to whom Doctor WEIS-
BACK assigns a stature of 1m only.

(6) Zoe. cit, p. 124.

(7) In order to bring back the ratio obtained on the living to what it
would be on the dry skull, M. HAamy takes into account the small develop-
ment of the temporal muscles in young subjects, and reduces the index by
one unit only, thus considering the average under remark as being 77.00 at
leapt. Clow. ett, p. 98.)

40 THE PIGMIES.

Teso and CHAIRALLAH are in accordance with this statement. But
Count Mryiscatcut has observed that their skin became much paler
in winter time. (1) Their hair is about the same colour, though
lighter in the case of Cuatrantan. With both it is decidedly woolly
and forms gzomérules; such is also the beard which has grown on
Texo’s chin and upper-lip. (?) .

ScuwernrurtH has represented Nsivové as very prognathic,
the nose being aquiline de profil, though the tip is blended with
the upper lip (*); the chin is prominent, whereas, with Bomst,
it recedes a good deal and the nose stands out more. (*) In that
respect, TsBo’s photograph approaches more closely the latter type
than the former. (°) The lips are not so thick as with common
Negroes, and are even described as thin by M. Vosston and by
SCHWEINFURTH as well.

All statements agree in asigning to the Akkas, men or
women, a considerable expansion of the belly which gives to
adults the appearence of Negro or Arab children. (*) In the
photographs we possess of TrBo and CmarraLian, this feature is
most conspicuous. M. Panizza, who studied, in an anatomical
point of view and by auscultation, the cause of such a develop-
ment, attributes it to an unusual size of the spleen and of the
left lobe of the liver, and also to a large amount of fat accummu-
lated in the mesentery. (7) This distension of the abdomen is
attended by consequences which have struck all observers. The
chest, comparatively narrow and flat in the upper region, expands
lower down so as to encompass this enormous. paunch. (§) On the
other hand, the protrusion of the belly requires, for the sake of
balance in the body, that the lower portion of the spine should

(1) Loe. cit., p. 301.

(2) GIGLIOLI, loc. cit., p. 405.

(8) Loc. cit., p. 64.

(4) SCHWEINFURTH, loc. cit.,.p. 121.

(5) MINISCALCHI, Joc. cit., p. 300.

6) SCHWEINFURTH, Joc. cit., p. 123; MARN6, loc. cit., p. 461; VOSSION’S

unpublished letter. However, BOMBI’s portrait does not exhibit this character,

(7) Loe. cit., p. 465.

(8) SCHWEINFURTH, Joc. cit.

THE PIGMIES. Al

also be brought forward in consequence of which the vertebral
column assumes the shape of an S causing the Akkas to look, so to
speak, saddle-backed. (*)

It is obvious, however, that this abnormal development of the
abdomen cannot be taken asa true racial characteristic of this
people, but is no doubt brought on by their mode of living and
nature of the food, and perhaps also by the general conditions of
habitat. This we can infer from the personal experience of Count
MrIniscatcut, who noticed that, after a few weeks of wholesome
and regular diet, “the excessive expansion of the abdomen had
disappeared and the spine had resumed its normal state.” (7)
The same change has occurred with regard to Saipa. (#)

In order to complete the physical description of these Akkas, I need
say a few words about their limbs. The upper ones are long, and
the hands very delicately shaped. (*) The lower limbs are short
as compared with the bust and havea slight inward bend. The
feet also are turned in, but more so than with other Africans. (*)

(1) This conformation has been the cause of a singular mistake and of a
200d deal of discussion. In a communication to the Egyptian Institute
( 5th December, 1873 ), SCHWEINFURTH had compared this bend of the spine
to a OC. The eminent traveller evidently alluded to the lower portion of the
back and meant to say that the concavity of the C was turned backwards.
But, acting under the influence of preconceived ideas, and in the hopes of disco-
vering the missing link, which has been the subject of so much active search
for so long, some venturesome minds supposed that theC represented the shape
of the whole back, that the concavity was turned forward, and that, conse-
quently, the Akkas bore, in that respect, a great resemblance to anthropo-
morphous monkeys. Before even having seen their photographs, I had com-
batted, at the Anthropological Society and elsewhere (loc. cit., p. 1519) this
interpretation, which is perfectly incompatible with the mode of locomotion
in man and with the agility universally attributed to the Akkas. BROcA (loc.

cit. p. 284) and also MM. MANTEGAZZA and ZANNETTI (loc. cit., p. 148 }
have, later on, given the same arguments in support of our common opinion,
which is entirely justified by the present state of knowledge on the subject.

(2) MINISCALCHI, loc. cit., p. 299. :

(8) GIGLIOLI, loc. cit., p. 410.

(4) SCHWEINFURTH, loc. cit., p. 124. The photographs of TEBO and
CHAIRALLAH do not justify this compliment, any more than the cast made of
TEBO.

(®) SCHWEINFURTH, loc. cit., p. 128,

4.2 THE PIGMIES.

The Akka women bear a great resemblance to the men. M.
Grexiott speaks of Saipa as having a thick waist, short neck,
arms neither slim nor long and hands rather large than other-
wise. Hercomplexion, as with CHarratuan, is that of a mulatto;
her hair is of a fuliginous black and the gromérules are not so
distinct ; prognathism rather more defined. (1) This description ~
agrees perfectly with the portrait given by M. Cuatiii-Lone,
who adds that, in the case of his Tiki-Tiki woman, the breasts were
very flaccid, though she vowed never having had any children. (?)

The physiological characteristics of Akkas resemble those of
most savages. Their senses are extremely acute, and ScHWEIN-
FURTH repeatedly bears witness to their excessive agility. Accord-
ing to the Monboukous, these little creatures are wont to bound
in the tall grass, after the manner of grasshoppers. (3) Nskivoué
had, in a certain measure, kept up that habit and during the time
he stopped with Schwsinrurts, was never able to bring a dish
without spilling part of its contents. (*)

The Akkas are very courageous. “They are men, and men who
know how to fight,” said Moummért speaking of his followers. (°)
They are great elephant hunters and will attack them with a very
short buw, and spears hardly as high as themselves. (*) Lone-
Bey coroborates this statement and adds that the women are as
martial as the men and this again fully confirms the information
given by Barren. (7)

SCHWEINEURTH draws a miserable picture of the character and
intellect of Nsfvou£. He describes him as enjoying the sight of

(') Loe: cit., p. 410.
(2) Loe. cit., p. 269. Tae traveller however ascribes to her very small hands
znl feet. :
eee ian eee

( 3
(4) J. p23:
(5) SCHWEINE URTH, p. 115.
(°) Vide portrait of BomBI; ae cit. SCHWEINFURTH does not mention that
their arrows are poisoned.
(7) LonG-BEY, Joc. cit., p. 269.

THE PIGMIES. 43

suffering in men and animals, and as never having succeeded in
learning Arabic or any other dialect of the country. (+) Muyis-
CALcuI, on the contrary, found Teso and CHarRALtLan to be
affectionate and grateful pupils, always ready to improve them-
selves. Both of them, especially Texo, had a great taste for music.
Two years after their arrival in Europe, they knew how to read and
write. Their adoptive father showed, in 1879, to one of his col-
leagues, two letters entirely worded and written out by them
without any help whatever; the fac-simile of these specimens was_
inserted in the proceedings of the Congress. (?) They had not,
however, forgotten their mother-tongue and could supply M.
MiniscaLcur with several hundred words and various information
enabling him thus to draw up a grammar which he considers as
similar to that of the Niam-Niam language. (°) |

What have these Akkas become under the influence of a Euro-
pean climate and of an education to which they were submitted, for
the first time, these representatives of that ancient and wild race that
has settled down at two or three degrees from the Equator ?
Evidently the question is of great interest, and we must feel grate-
ful to M. Grexrort for having rephed to it in detail. (*)

Tezso has always borne up very well against the cold winters of
Verona. CHarrattan has had ague and cough pretty often; he
also suffered from rheumatism for the first two or three years, but
both are now perfectly well acclimatized, (*) and so is also Saipa. (*)

@)), Loc. cit, p. 125.

(2) Loe. cit., p.p. 302 and 303.

(3) M. MINIScCALCHI used to converse with them in Arabic, which they
speak fluently. ae

(4+) Gli Akka viventi in Italia, loc. cit. This memoir was written in 1880,
five years after that of Count MINISCALCHI. :

(5) -id., p. 407.

(6) M. GIGLIOLI thought that he could discover, by a simple inspection
of the head, that it had grown somewhat longer. The examination of the

bust and the measures, necessarily approximative, which I took of this plaster-
cast, do not, to my mind, justify this opinion, :

44 THE PIGMIES.

A casting was taken of Tazo, and his bust can be seen at the —
Museum. By comparing it with the photographs ° taken in 1874, we
see that he has lost somewhat of his infantine looks ; his forehead
is less prominent, though not so slanting as with NsBvous.. In
that respect he comes closer to BOmsi. Prognathism is rather more
defined, but the other features are hardly altered. (7)

These two Akkas have kept a sensitive and unsettled disposi-
tion, like that of children. (?) They are fond of play; their
motions are rapid, and, in their promenades, they like to run at a
double-quick pace. (*)

Teso is more affectionate and studious, and has always behaved
himself well. CrarRaLLAH is more intelligent, but has occasionally
showed himself spiteful and revengeful. They have, however,
never quarelled with their young friends, and they love each other
most tenderly.

Both of them have been baptized and are observant of their
religious duties, though their spiritual leader does not consider
their sentiments in that respect as very deeply rooted. (*)

They have now completely forgotten their mother-tongue, and
very nearly all the Arabic they knew. They speak Italian fluently,
but experienced at first great difficulty in pronouncing words
containing two z (bellezza, carezza).

They have a great sense of emulation, and, at school, have shown
themselves superior to their European companions of ten and

(1) GIGLIOLI, loe. cit., p. 410.

(2) Loc. cit., p. 409.

(3) The above could also apply to SaipA. However she was not treated in
the same way as her countrymen. She remained a servant and was not
taught to read and write. Shespeaks Italian fluently, and a little German,
which is the language of her mistress; she is sometimes capricious and very
fond of playing with children. (GIGLIOLI. Joc. cit., p. 411.)

(4) Id., p. 409,

THE PIGMIES. ADS

twelve years old. The notes which their professor showed to M.
GrexLtoxt, prove that they went thoroughly well through the various
compositions in arithmetic, parsing and dictation. (7) Countess
Miniscatcur gave music lessons to Teso, and M. Gieutout heard
him play, on the piano, some rather difficult pieces, with a certain
amount of feeling and a good deal of precision. (7)

In short, we may conclude that, in spite of their small stature,
their comparatively long arms, their large bellies and short legs,
the Akkas are real and true men in every respect; those who had
looked upon them as half-monkeys must be now completely un-
deceived.

Conclusion.—The foreing facts seem to convey a few general
considerations which I will now briefly summarize.

In proceeding from Senegambia and Gaboon towards the land
of the Gallas and Monboutous, we have verified the true existence
of human communities characterized, all of them, by a small
stature, a comparatively large and rounded head, a lighter
complexion than that of Negroes proper, and by similar instincts and
customs. With M. Hamy, we must acknowledge that these
groups are as many specimens of a special race, the Nr@riuos, who

are, in Africa, the representatives of the Asiatic and Indo-Melane-
sian Negritos.

The ancients evidently possessed more or less accurate infor-
mation respecting these Negrillos, as well as the Negritos. They
were the African Pramres, but they had been placed in three
geographical localities where they are no more to be met with now-
a-days. In order to find them, we must look to countries which are

(1) CHAIRALLAH had obtained 10 (maximum figure ) for dictation and
caligraphy; TEBO, also 10 for dictation. Their other notes are 8/10 and 9/10
except for the solution of arithmetic problems, in which CHAIRALLAH comes
down to 7/10 and TEBo to6/10. We find here again a proof of the inferiority
of Negro races with regard to science.

(2) Id. p. 209. Their education has unfortunately been stopped at present-
Both CHAIRALLAH and TEBO make part of the household in the MINISCAL-
CHI family. (GIGLIOLI. loc, cit.)

46 THE PIGMIES.

much further from Europe than was supposed in olden times; more-
over, these Pigmies appear to us now as forming isolated agglomer-
ations far apart from each other. Lastly, in one of these homes
at least, we are able to witness at present the decline: of the race
and its fusion with a neighbouring element, which is. const
increasing in strength and number.

All these facts recall vividly the past, and the present fate of the
Negritos must naturally be relegated to the same causes. They
show us that, in days gone by, the Negrillos were more numerous
and formed more compact and continuous communities, and that
they must have been driven back and broken up by superior races.
Their history, if better known, would most certainly beara great
resemblance to that of their Eastern brethren.

What we know of the latter induces to believe that, in the lands

where they are still to be found, these Negritos have preceded the
races by whom they have subsequently been oppressed, dispersed

and almost annihilated. With regard to Negrillos, similar facts
must carry with them the same conclusions. We are thus brought
to accept as most probable that these small and brachycephalic
Negroes originally occupied at least a great part of Africa
previous to the full-blooded Negroes characterized by dolicocepha-
lism and a larger stature. ‘The latter correspond with the Papuas,
while the Negrillos are the Negritos of Africa.

This comparison does not arise simply from a superficial inspec-
tion of the African and Indo-Melanesian Negroes; it is also
justified by the detailed study of skulls which renders evident
the striking connection existing between the two great anthropo-
logical formations which represent the Negro type at both extre-
mities of our continent. (1)

How could such a narrow resemblance have occurred between
populations which are separated by so vast a space and by such

(1) Crania Ethnica.

THE PIGMIES. 4.7

numerous and different races? Are these affinities the simple

result of a common origin? This interrogation, and many others
too, had been uttered, even before the late discovery. of Negrillos,

which has made a reply more urgent than ever. I regret to say
that the present state of science does not allow us to offer a satis-
factory solution to this problem, assuredly one of the most curious
among the many points connected with the geographical distribu-
tion of the human race. (')

The study of these small negro races suggests one more reflec-
tion.

When alluding to Pigmies, the ancients mixed up with true
facts many exaggerations and fables. Modern science, misled at
times by its own strictness, and, dwelling solely on the unaccep-
table points of these traditions, rejected in a lump all the
statements regarding the dwarfs of Asia and Africa. The above
proves that science was wrong, and this mistake teaches us a
lesson.

When there is a question of traditions, of lerends connected with
people less learned than we are, and especially with wild popula-
_ tions, it is but right to examine them thoroughly, however strange

(1) LoGaN has studied this question from different points of view, and
has developed with much science, the theory that the African Negroes
have penetrated into Asia and Melanesia through a slow influxion which
has been accomplished by sea. He attributes a great influence to the
Malagasy population. ( The Ethnology of the Indian Archipelago ; The Jour-
nal of the Indian Archipelago and Eastern Asia, vol. IV, and Ethnology of the
Indo-Pacific Islands, vol. VII. ) FLOWERS is inclined to admit that the small
black race which sprung up in the southerly regions of India, has spread itsefl
East and West in Melanesia and Africa, and that the tall Negroes are descended
from it, ( On the Ostecology and Affinities of the Natives of the Andaman
Islands; The Journai of the Anthropological Institute, vol. IX.) ALLEN also
derives the African Negroes from Asia and endeavours to prove that they have
left traces of their passage in many parts of intermediate countries. ( The
Original Range of the Papua and Negrito Races; The Journal of the Anthro-
pological Institute. vol. VIII.) Professor SEELEY thinks that the Negro race
occupied, in former times, a strip of land which extended from Africa to
Melanesia and is now submerged. (Quoted by ALLEN; Joe, cit., p. 40.)

48 THE PIGMIES.

and singular they may appear at first. Many of these accounts
contain interesting and true information which is often concealed
under superstitions, mistakes, forms of language or erroneous in-
terpretations. The duty of the man of science is then similar to
the task of the miner who separates gold from its quartz. Very
often he also, with a little work and cautious criticism will succeed
in redeeming, from a heap of errors, some important truth.

VALENTYN’S DESCRIPTION OF MALACCA.

v=

[ The following paper is a translation by Mr. Mtnner, Govern-
ment T'ranslator, of VatEntyn’s Account of Malacca.

A portion of this has already appeared in Locay’s Journal, Vol.
LV, but as it appears that it was never completed, and matter was
omitted which some might find interesting, and, further, that the
translation was not altogether to be depended on, I have thought
it worth while to insert a trustworthy translation of the whole
with a few notes.

D: Badge

ne a me ee

ABSTRACT, TRANSLATED FROM FRANCOIS VALENTYN’S
HISTORY OF MALACCA (ANNO 1726.)

The town of Malakka is situated in 2° 20’ northern latitude
and on 102° 20” longitude, on the Continental Malay coast, which
lies easterly of the East coast of the great island of Sumatra,
about 8 miles [leagues ?] in a straight line from the opposite shore.

Protemy and the Ancients gave it the name of “Terra or Regio
Aurifera,” which means “the country rich in gold,” or of “ Aurea
Chersonesus,” ¢.e., “The Gold Peninsula,’ making it appear at
about the 11th degree, where it is joined by a narrow isthmus to
Tenasserim and Siam. It is the most southern territory of India.

It is situated on the point of a neck of land, between which and
the N.H. coast of Sumatra is a fine sound, known by the name of
the Straits of Malakka, or otherwise, by that of the Straits of Sin-
gapore, after a very ancient town commonly called Singapura. —

It covers approximately an area of 1,800 paces in circuit, or of
about one mile, and has a strong wall on the sea side of about 600
paces long, being also protected by a solid stone wall on the N.W.
or river side. ‘here is, moreover, a stone bastion on the N.H. side,
called Santo Domingos, and there was another wall, called Tipah,
built towards the waterside, and extending to a strong round
bastion called St. Jago, now gone to ruins; there were also other -
fortresses on the S.H. side and two bastions, making it altogether a °

50 VATENTYN’S DESCRIPTION OF MALACOA.

very strong place, but in time almost all these fortifications have
gone to ruins. We do not mention their names now, as they will
appear in the course of this description.

The convent of the Jesuits, also called St. Paul’s Convent, was
built higher up in town, and the monastery of the Minorites,
otherwise called that of Madre de Deos, stood on the adjacent hills.

The territory belonging to Malakka extends over a length of 30
miles, and over a breadth of about 10 miles. There are two islets
in its vicinity, [Jha das Naos, (2) within a gun-shot from the town,
and Ilha das Pedras, (2) from where they got the stones to build
houses, &¢. with, beyond the range of gun-shot. The Portuguese
earracks and galleons used to anchor between these two islets in
4 or 5 fathoms of water. (*)

On the North-West side of the town is a wall with a gate and a
small fortified turret, and next to it a river, discharging into the
sea, with fresh water at low tide, but with salt water at high
tide. Its width is 40 paces, and its current is generally pretty
strong. Jt is commonly called ‘“ Chrysorant,” and there is another
river on the East side. (+)

The country on the other side of the river ( being on the same
level with the land where the town is built ) is joined to it by a
wooden bridge ; but the ground is very swampy on the South-East
side, being generally flooded in the rainy monsoon, with the excep-
tion of a small piece along the beach, which lies somewhat higher.

There are in the town many fine and broad streets, but unpaved,
and also many fine stone houses, the greater part of which are of
the time of the Portuguese, and built very solidly after their
fashion.

The town is built in the form of a crescent.

There is a respectable fortress of great strength, with solid walls
and fortified with bastions, well-provided with guns, able to stand
with its garrison a hard blow. (5) here are, in the fortress, several
strong stone houses and pretty good streets, all remembering the
Portuguese times, and the tower, erected on the hill, seems to be

(1) Palau Jawa. .

(2) Pilau Opeh.

(3) Oniy about two fathoms now.

(+) Notraces of this now, except in ihe large drainsnear Kampong Jawa,
and Banda Hilir.

(5) The only remains visible of this now are contained in the curious old
gateway (near the residence of Mr. J. E. WESTERHOUT) which bears Portu-
guese arms, but a Dutch date, viz., 1610; this is probably what is left of the

peanen called “ Baluarte Santiago” as marked in the old plates of the For-
ress.

VALENTYN'S DESORIPTION OF MALACCA. 51

still pretty strong, though its interior is falling into decay. This
fortress, built on the hill in the centre of the town, is about the
size of Delfshaven, and has also two gates, and though one of its
sides stands on the hill, yet the other side is washed by the sea. It
is at present the residence of the Governor, of the other officers
employed by the company, and of the garrison, which is pretty
strong. Two hundred years ayo this place was merely a fisher-
men’s village (1) and now it is a fine town.

In former times the town had a population of 12,000 souls; but
there are now not more than 200 or 300 families, some of which are
Dutch and some others Portuguese and Malays, the latter living in
the most remote corners of the town in common attap huts.

At a small distance from the town are also some fine houses and
many well-kept cocoa-nut plantations and gardens with fruit trees,
the greater part of which are owned by Malays.

This town is remarkably well situated for trade, and these
straits have been frequented, since the times of old, by much
shipping, which still continues from Bengal, Coromandel, Surat,
Persia, Ceylon, Java, Sumatra, Siam, Tonkin, China, and from many
other countries; the gross revenue in the year 1669 (consisting of
10 per cent. import duty and 8 per cent. export duty, and some
other small taxes ) amounting to 74,958.18 guilders.

There arrived in that same year 116 Javanese vessels, besides the
Danish, Portuguese and Moorish vessels.

This place is very convenient for our vessels passing through the
Straits of Singapere going from Japan to Bengal, Coromandel,
Surat and Persia, and also for vessels bound for Batavia coming
from those places.

The place is not very productive in provisions ; everything must
be imported from other places, with the exception of fish and some
kinds of fruits.

The productiveness of this place is very poor, compared to that
of the Coast [ of Coromandel |, Bengal, Ceylon, &c.; and the sur-
rounding country bears a barren aspect.

It is also not safe to venture in the jungle, as it abounds in
wild beasts.

One of my friends, Mr. van Naarssen, told me, that it once
had happened to him in person to fall in with a tiger accidentally,
and he was sure on several other occasions of being in the neigh-
bourhood of one of these animals, for it was only in thatcase his horse

(1) 3.€, about 1625, or 14 years after the Portuguese took it, in which
case 1t must have greatly fallen from the state in which they found it.

52 VALENTYN S DESCRIPTION OF MALACCA.

got unmanageable. There are, moreover, many elephants and other
wild beasts. This same gentleman has told me also, that he once
saw a tiger which made a leap at a deer that tried to escape him
in the water; the deer did escape, and the tiger was dragged down
by an alligator.

The East India Company has a Governor at this place, who has
supreme authority over all the officers and over all the affairs. He
is assisted by a Supercargo (as second in rank), an Attorney-
General, (1) a Paymaster, and a staff of officers similar to those men-
tioned in our account of Amboina, performing almost the same
duties and receiving the same pay; there are here, besides, several
““Opperhoofden” (Commandants) of other places or factories, which
are under theauthority of this Governor, and also an especial
“ Shahbandar ”’ or Collector of the Custom-house duties.

A Council of Police is constituted from among these officers (as
also already mentioned under Amboina) forming the Government of
this territory ; another Council administers the law; and a third one
all the ecclesiastical affairs.

The Malays of these countries are commonly called “drang
di bawa angin,” 2. @., “the people below the wind ” (to leeward),
or else “ Easterlings,”’ whilst those of the Occident, more especially
the Arabs, are called “ drang atas angin,” 1.e., “ people above the
wind” or Occidentals ; this is not that there are no other tribes of
that name, but that these two nations are the most renowned, the
most ingenious and the most civilised of that race.

The Malays are the most cunning, the most ingenious and the
politest people of the whole East.

Whether they have been thus called after the country, or whether
the country has been called after them, will be shown by and by,
when we shall have traced their origin as far back as possible,
producing it from their earliest history.

They are of a rather pale hue and much fairer than other na-
tives of India, also much kinder, more polite, neater in their man-
ner of living, and in general so charming, that no other people can be
compared to them. Their language, Bahdsa Maldyu, z.e., the Malay
language (whether called after the people or after the country)
was uot only spoken on that coast, but was used through the
whole of India, and in all the Eastern countries, as a language
understood everywhere and by every one, justas French or Latin
in Europe, or as the Lingua Franca in Italy or in the Levant,
to such an extent even that, knowing that language, one never

(3) Prokureur-Generaal.

VALENTYN 'S DESCRIPTION OF MALACCA. 63

will be at a loss, it being used and understood in Persia, nay
even beyond that country on that side, and also as far as the
Philippines.

And if you don’t understand this language, you are considered
a very badly educated man in the East, whilst the Malays are
accustomed to study it, trying their utmost to enlarge their know-
ledge of it and to learn also the Arabic ; even some among them
the Persian language too, and those who are more studious still
strive to obtain the knowledge of the Sanskrit, the mother-language
of most of the idioms in the East.

The Malay is spoken nowhere so correctly and so purely as
here, though there is still a great difference between the Court
language and that of the lower class. The language spoken by the
courtiers is so swelling, so interlarded with Arabic (to show their
erudition in that language ), and differs so much from the common
pure language (the former being the adulterated language),
Since every nation, that speaks this common or low Malay, has
mixed some words of their own language with it, that it would not
be understood by the common people, for which reason it is used
only by princes, courtiers and priests, and therefore considered as
the language of scholars. It 1s by nature a very pleasant, sweet,
charming, and yet a very powerful language to express yourself
in. A lot of works written in that language, already mentioned by
us before, and several fine songs, in which they have transmitted
many events of past times, show this plainly. ;

The Malay men are generally dressed in a pair of trousers, with
a broad blue, red or green garment, worn as a blouse, and a turban
rolled round the head.

They are commonly of a very lively nature, but they always
keep open a back door and are not easily to be caught, while they
are witty and of great self-conceit.

I do not know another nation in the Indies more cunning than
the Malays and the natives of Macassar, for which reason they are
not much to be relied upon.

The women’s dress is almost the same as that of other Indian
women, or like that of the Javanese women, and consists in a long
gown, hanging down to their feet and very often also fastened
above the bosom under the arms, the upper part of the body being
naked. They tie up their hair in a bundle at the back of their
head, though some have another hair-dress, almost.the same as that
of the Creoles. These women too are generally of a more exalted

54 VALENTYN’S DESORIPTION OF MALACCA.

mind than other women of India, and they excel also in loveliness
and wit far above others. (7)

(1) The following passage is given in LOGAN’s Journal, p. 700, Vol. IV, but
does not occur in my edition of VALENTYN, which is dated 1726.
D. F. A. H.
‘¢ The other inhabitants are Portuguese, who are well known, or other
‘< Indians, who have been already described as Chinese, Guzerattes, Benga-
‘« lis, Coast-Moors, Achinese and others.
‘< The commodities produced here are these :—
** Kelémbak,* Agila-wood and Camphor in the Kingdom of Pahang, Tin,
“Gold, Pepper, Pedra de Porco (Query, Bezoar stones 7), Elephant (tusks).
‘¢ The imported goods consist of :—
‘* All sorts of cloths, more especially Petas Malayu, or Malay cloths.
‘* Surat cloths | Coast Chintz.
‘* Bengal cloths. Opium.
‘ Guinea cloths (coarse | Red Woollens.
‘* blue calico.) | Copper.

‘¢ Salampories.t Rupees.
‘* Bafta Brotsja.¢_ Reals of eight [Spanish dol-
¢ Bethilis.§ lars ?].

‘‘ The charges of the garrison and other expenses run very high, some-
*¢ times as much as 200,000 guilders (2 tonnen gouds), the reason of which
‘is, that the clear income during the year is often much less than the out-
“6 lay.

‘‘ In the year 1664 and during several years, the expenses were much
‘‘ higher and it was thought proper to reduce the strength of the garrison
‘‘and bring the expenses within the sum mentioned, 200,000 guilders.
“‘ Subsequently it was deemed proper further to reduce the expenditure by
‘* 40,000 guilders. Orders were given by their Excellencies in 1669 to
‘reduce the extent of the fortifications and a certain Ensign (Vaandrig)
“was established there from the 17th of January of the year and entrusted
‘‘ with the duties of enquirer.”

* MARSDEN quotes LOUREIRO against VALENTYN in support of the con-
tention that “ ké.émbak” and “ gaharn” (i.e. agila wood or lignumalnes) come
from the same tree, and are merely different qualities arising from difference
in age, &c, and he quotes also, “Gahru chumpaka agullochum sparium, R.”
But “kéiémbak” is the heart «f the “kambéja” tree, known also as ‘poko’
bunga kubbur.” The heart of the “chémpika” tree, furnishes the “kas-
tari,’’ while the heart of the “karas” tree produces all the varieties of
“ vaharu,” which are 2s follows:—Ist quality, very black, “—_lampam;” the
2nd “—tandcok” or “—sisik ;” the 3rd “—wangkang” or “—budya;’’ 4th, which
is not marketuble, but is used privately, is the refuse of the 3rd and is called
“ gaharu médang.”

+ Half wool, half cotton.
{ Indian cotton cloth. Brotsja,—place where it was made ?
§ A fine Indian linen.

VALENTYWN'S DESCRIPTION OF MALACCA. 55

Several other factories are under the Governorship of Malakka
of which some are in this country and others on the East coast of’
Sumatra, and the Opperhoofden (Commandants ) of those Settle-
ments were sent thither by the Governor of this place and by his
Council. These factories are Peirah ( Pérak ), Keidah ( Kédah ),
Oodjong-Salang, (+) and Andragiri. (?)

Peirah, the first named Settlement, situated on this Malay Coast,
was subjected to the authority of the Queen of Atsjin ( Acheh),
and was only kept for the tin trade: the Hon’ble Company had
appointed there an Underfactor, to purchase that mineral for ready
cash, or to barter it against cloths at fifty Rix dollars the buhaz,
but the nature of that people is very mean and murderous, which it
has shown by murdering in 165i all the people of our factory at
that place. ‘Their Honours have often been compelled to order the
Governors of this Government (Malakka) to break up quietly
that factory and its lodgings, and to try to find an opportunity to
avenge this abominable piece of roguery, which was carried
out afterwards, and which we will mention with every particular
later on.

The second outer-factory is Quedah ( Kédah), also situated on
this Coast almost opposite Atsjin. We had there also an Under-
factor and a Settlement to barter tin, gold and elephants for the
Hon’ble Company; but this small kingdom, gave us also now and
then so much trouble, that we have been obliged to break up this
factory too.

We shall meet with the two other factories in our history of
Sumatra.

[Here follows a list of the Governors and principal Officials
of the Government of Malacca. |

LIST OF THE

GOVERNORS OF MALAKKA.

Johan van Twist, Governor and Extraordinary Mem-

ber of the Council of India, 2 Ae ... 1641—1642
Jeremias van Vlet, Governor and Extraordinary
Member cf the Council of India in 1645, ... 1642—1645

(2) Commonly known as ‘‘ Junk Ceylon.”
(7) Indragiri.

56 YALENTYN’S DESCRIPTION OF MALACOA.

Arnold de Vlaming van Ontshoorn, Governor and

Extraordinary Member of the Council of India,
._Johan Thyssoon Paijart, Governor and Extraordi-
nary Member of the Council of India in 1657,
Johan van Riebeek, Commander and President,
Balthasar Bort, Commander and President,
Promoted to Governorship,
Extraordinary Council of Tadiat” in 1670 ghd
Ordinary Council of India in 1678.
Jacob Jorissoon Pits, Governor,
Cornelis van Quaalberg, Governor,
Extraordinary Council of India in 1682.
Nicolaas Schaghen, Governor and Extraordinary
Council of India in 1682,

Dirk Komans, Director from 5th snes till 6th
November,

Thomas Slicher, Governor and ee ae Council
of India,

Dirk Komans, Director eben 18th onus GOT o

1st October, 1692,
Gelmer Vosburg, Governor,
Govert van Hoorn, Governor,

Bernard Phoonsen, Governor and ae
Council of India in 1703,

Johan Grotenhuys, Director from 18th January to
22nd May, .

Karel Bolner, Governor, ae Ce

Pieter Rooselaar, Governor and Extraordinary Coun-
cil of India in 1707,

Willem Six, Governor,

Willem Moerman, Governor,

Herman van Suchtelen Governor,

1645—-1646
1646—1662
1652—1665
1665—1668
1668—1679
1679—1680

1680—1684

1684—1686

1686
1686—1691
1691—1692
1692—1697

1697—1700
1700—1704

1704
1704—1707

1707—1709
1709—1711
1711—1717

1717

VALENTYN $3 DESCRIPTION OF MALACCA.

SUPERCARGOS OR SECUNDAS.
Johan Verpoorten,
N. Snoek,
wan 150 years old ),*
Gerard Bersche,

Johan Goesens,...

Gerhara Herberts, ‘ These two have been Super- ; ee

Balthasar Bort, cargos at the same time,
Michiel Curre, (instead of Bort, with Herberts),
Gillis Syben,

Joannes Massis,..

Francois Sandvoord,

Henrik Schenkenberg,

Dirk Komans, Comes: acting as Tie etor Mf
Adriaan Lucaxssoon,

Francois yan der Beke,

Pieter de Vos,

Abraham Douglas,

Philip David van iectelnn

Gerard Huychelbosch,

Joannes Grotenhuys,

Antoni Valkenier,

Herman van Suchtelen,

Antoni Heyusius,

Gerard Voogd,

CAPTAINS (OF THE CAERISON:)
Laurens Forcenburg, ae NG tl
Hans Cruger, Captain-Lieutenant,
N. Femmer,
Jacob Palm, Captain- cat cent,
Christiaan Trekmeyer, Captain- Lieutenant,
Nicolaas Oostenrode, Captain-Lieutenant,

( asserts that he s saw here in 1643 al wo-

1641—1642
1642—1645
1646— (?)
(2?) —1656
1656—1661
1656—1657
1657—1658
1661—1664
1664—1669

1668
1668—1670
1684—1691
1691—1692
1692—1693
1694—1696
1696—1700

1700—1702
1702—1708

1708—1704
1706—1709
1709—1711
1711—1716

Healey)
1641—1642
1643—1663

1680
1708—1709
1709—1711

1711

* T had credible information the other day of the death of a manat the age
of 120 a few years ago: he died in the Mahomedan year 1295; he could read
and write, and told his son thathe was bornin 1175. In the Death Returns for
this year, so far, there are 7 deaths registered at the age of 100 years, but I
have been unable to obtain satisfactory proof in regard to them.

58 VALENTYN S DESCRIPTION OF MALACCA.

SHAHBANDARS.

Jan Janssoon van Menie,
Emanuel du Molin,
Michel Curre,

Francois van der Beke,
Johan van der Leli,

Dirk Vouk,

N. Tempelaar,

Samuel! Cras,

Johan Bernard,

1641—1644
1656—1660
1660
1683—1692
1708
1709—1712
1712
1712—1716
1gay.

ATTORNEY-GENERALS (FISCAALS GENERAAL.)

Gerard Herberts,
Balthasar Bort,
Johan van Zyl,
Emanuel du Molin,
Gillis Syben, ) cee oe
Balthasar Bort, ‘a short time these
Emanuel du Molin, \ 4 all together.
Gillis Sijlen J

Gilles Syben,

Abraham den Back,

Jacob Martensscon Schagen,

Jacob van Naarssen,

Pieter van Helsdingen,

BARRISTERS (FISCAALS INDEPENDENT.)

Arnold Hackins,
Arnold van Alzem,
Abraham van Kervel,
N. van Loon,

Rutger Dekker,

N. Crommelyn,

N. Sibersma.,

1641
1649
1650—1655
1655—1656

1656
1656
ae / : 1656

1657—1661
1661—1669

1669
1688—1684
1684—1685

1690

1695—1703
1708—1711

1711
1712

1719

(?) —1717

VALENTYN 8 DESCRIPTION OF MALACCA, |

TREASURERS.

Jacob de Cooter,
Jan Claessoon Cloek,
Thomas de Vos,
Adriaan Lucassoon,
Jacob Jorissoon Pits,
Jacob Splinter,

N. Rex,

SECRETARIES.

Balthasar Bort,

Gillis Syben,

Abraham den Back,

Matthys Sonnemaus,

Jan Pas,

Samuel Cras. ee: ies

N. Lispensier (for a short time “ad interim”).
N. Cotgére,

WAREILOUSE-KEEPERS. (“ Winkeliers.”)

Jacob May,

Karel Verwyk, ...

Dirk van Lier, ...

Johan van Groenewegen,
Johan Massis,

Nicolaas Muller,

N. Bokent,

COMMANDANTS (‘“Opperhoofden’’) AT PHIRAH.

This Factory re-established in 1655.

Isaak Ryken,
Pieter Buytzen, ...
Cornelis van Gunst,

1641—1643
1657
1657—1658
1658—1661
1661---1663
1665
a 7aue
1646—1649

1649—1656
1656—-1664
1669
1680
1709—1717
1712
TAT.

1641—1642
1642
1656—1658
1658—-1659
1659
1662
1691

1655—1656
1656
1656

60- VALENTYN’S DESCRIPTION OF MALACOA.

Factory abandoned in 1656 and re-established in 1659.

Johan Massis, ... bee ve .. 1659—1660
Abraham Schats, ae ee ae 1660
Johan Massis, ... as: bie ... 1660—1661
Adriaan Lucassoon, Ae Ete ee 1661

COMMANDANTS AT LIGOR.

Balthasar Bort,... ee es ae: 1656
Joannes Zacharias, ae * ... 1656—1657
Michiel Curre, ... a a ... 1657—1660
Johan Massis, =: ine .. 1661— (@)
Nicolaas Muller, oe ee ... 1667—1669

TREASURERS AT MALAKKA.

Michiel Curre, ... 5 gle ~ 1656
Kornelis van Gunst, ke aa a 1656
Michiel Curre, ... im & a 1656
Abraham Schats, a hi .. 1656—1658
Cornelis van Gunst, oe: ae ... 1658— (?)

STORE-KEEPERS (DISPENSIERS ) AT MALAKKA.

Lubbert Coorn, a Tes ie 1657
Jan Claassoon Cloek, we Ae ... 1657—16638
Bernhard Vink, oe ai 1663

Jacob Jorissoon Pits, ne ee .. 1668—(?)

VALENTYN’S DESCRIPTION OF MALACCA, 61

OPPERHOOFDEN ( Commandants ) AT OEDJONG SALANG.

Cornelis van Gunst, F. a ... 1656—1658
Jacob Jorissoon Pits, 23 aa ... 1658—1660

The factory broken up in 1660.

OPPERHOOFDEN (Commandants) AT KEIDAH ( Kédah).

Pieter Buytzen, ... 1654—1656
Arend Claassoon Draey (This Factory w was quietly 1656
broken up in December).
Jacob Jorisson Pits (sent thither as Tax-collector; but
the roadstead remained blockaded till 1660), ... 1657

—s

[-I have found, moreover, in some of the documents in the
Archives of Malacca the names of the following Officers, besides
those mentioned above :—

Jacob Kerkhoven, Underfactor, ... 1660— 1662
Henrik van Ekeren, Supercargo in Ligor,
Jacob van Twist, Lieutenant, ae an 1656
Sebastiaan Cledits, Ensign, ... ue eye 1657
Jam van Hs; Knsion, .. _ “ae te 1662
Bernhard Vink, Ensign, ee en 1662
Jan Meke, Surgeon- Major, 1662
Willem Cornelissoon, Surgeon-Major, in the F ortress, 1662
Henrik Pelgrom, Ensign, He a NAO)
Pieter du Quesne, ee et ee li7elED|

COMMISSIONERS (known for having done something noticeable here.)

Justus Schouten, - . de oe £23 1641
Pieter-Boreel, ... ne ee set 1642
Johan van Feylingen, a hg ihe 1646
Balthasar Cojeth, ae as ca 1709
Isaac Massis, ane

N. Elards,

The island of Dinding belonged also to the jurisdiction of
Malakka, and its Chiefs were also appointed by the Governors of
Malakka.

62 VALENTYN’S DESCRIPTION OF MALACCA,

PARTICULARS ABOUT MALAKKA.

To know Malakka thoroughly and to be fully instructed of those
particulars which have made it renowned, we must trace its
origin and foundation, and disinter for posterity, from the darkness
of antiquity, all that has been buried by the lapse of years and by
oblivion, or most probably by want of opportunity.

If I had not been so fortunate as to secure some very rare books,
written in Arabic, which cannot be got now for any money, I
would not have been able to inform the world of those particulars
about Malakka, which are now here mentioned, and which we are
sure that but very few people could make known to mankind,
while among thousands (of men) who know the Malay language,
there is hardly one able to read it, when it is written in Arabic
characters, and stili less to understand that bombastic Malay,
mixed with so many Arabic and Persian words and sentences.

Those books then are called “ Tadjoo Esslatina” or “ Makota Segalla
Radja,’ i.e., “ The Crown of the Kings,” “Misa Gomitar” and“ Kitab
Hantoowa’ or “‘ Hangtooha,” (+) 2.e., “The Book Hantoowa,’ common-
ly more known among the Malay scholars under the name of “ Soolalet
Essalathina,” thatis, “ The Book of Heraldry or Genealogical Register
of the Kings ” (viz., Malakka Kings ). These three gems (which are
now only foundin very few libraries ), though full of fictions and use-
less stories, are considered, however, among us as the best historical
descriptions written in the Malay language, and which are not only
most useful to learn the Malay thoroughly, but in which are also
to be found many useful things about the Javanese, Malay and
other Kings, not mentioned by another author. The Mohamedan
Princes in India and their Priests are almost the unique possessors
of those works, and it is the greatest difficulty in the world to get
possession of one copy. But I have got them all, as I have men-
tioned already before, whilst speaking of the Malay language.
Though we find in the two first mentioned works and in some other
books, particulars clearing up many obscure points, yet the last
one mentioned is in this respect the best one, while it gives us all
the particulars from the very beginning, even from before the time
that it (Malakka) was built, and in quite a decent style (for
natives at least ). |
nn —————————————————eee

(1) Hang Téiah.--There were nine of these ‘‘ hangs,” champions, of whom
an account may be found in LEYDEN’s ‘“‘Malay Annals.” CRAWFURD

speaks contemptuously of it asa historical work, which it no doubt deserves:
but it is useful for theinsight it affords into the national customs and man-

ners,

VALENTYN’S DESCRIPTION OF MALACOA. 63

I really don’t know the author of the book Hangtooha, but I
must admit it to be one of the most decent Malay works I ever
have read, of which we will communicate to our readers a sum-
mary as briefly as possible.

If we want to trace scrupulously the origin of the Malays, it is
worth while to find out first, whether they derive their name
from the country (the Malay Coast and the town of Malacca) or
whether that country has been called after them.

They lived first on the great island of Sumatra (called in
former times Andelis (1) andalso Maningcabo, (7) tillit was discover-
ed that this was the name of only one kingdom of this island) and
there more especially in the kingdom of Palimbang, situated on
the inner west coast, at about 8 degrees latitude, opposite the
island of Banca, on the river MMalayoo, which runs all round the
mountain Mahameroo, (2) and thence downwards to the river Tétang
and so on into the sea.

* Hvery one hearing the name of the first mentioned river, would
feel inclined at once to think, that those who had settled there
had been called after the said river ‘‘ Orang Malayoo,” 1.e., “the
Malayoo people, people living on the river Malayoo,” others however
suppose that that river (also called Mallajoo and Maladjoo) has
received its name from this laborious, industrious, quick and hasty
people, while the Malay word for laboriousness and quickness is
also Maladjoo. But it is my opinion that the Malays got their
first name from that river, and that they have given that name
afterwards to several coasts and countries where they have
settled, though the whole of this country (then nothing but
fishermen ) has been subdued by the King of Siam, of whom
some of these natives have rid themselves a long time afterwards.

After having been settled here for some years, without knowing
anything about a King to govern them (an obscure period, about
which nothing has been mentioned by one author ), but not quite
pleased with this place, and not always having been left unmolested,

(1) More commonly ‘“ Indalas”’ or *‘ Andalas.”

(2) Ménangkabau, or Ménangkérbau, as to the origin of which name
various legends exist, ¢.g. fight between tiger and buffalo, latter winning ; also
fight between gigantic Javanese buffalo and buffalo calf, latter victorious;
again when Raja was first instituted at Bukit Guntang Pénjaringan a~buffalo
with golden horns and hoofs issued from a hole in the ground with a herd
of followers, but returned to it before his pursuers could catch him and so
“ménang kérbau.”

(3) Mahamiru, the Hindu Olympus.

* This and much of what follows has already been criticised by competent
critics, so I will not indulge myself here,

64 _ VALENTYN’S DESCRIPTION OF MALACCA.

they thought it more advisable to elect a King (and such the more
while they had greatly increased, whilst still heathens) which first
King had the name of Strr Toort Bowana.(1) This Prince has ruled
them 48 years, and pretended to be a descendant of ALEXANDER THE
Great, to whom Demane Latpur Dawane (2) (who then ruled the
Malays as a Prince of less fame) resigned his sway, in considera-
tion of his illustrious lineage and while he was a descendant of
such a renowned Prince; this happened in about 1160 a.c. (or
some years before).

The Malays crossed underthis Prince (StrrToort BowAna) from
the island of Sumatra to the oppositeshore, nowthe Malay Coast, and
more especially to its North-Hast point, known as “ Oedjong Tanah,”
that is, ‘“‘the extremity of the country,” and known among geogra-
phers as “ Zir baad” which means in Persian “below wind” (to
leeward), hence receiving a long time afterwards also the new
name of “the people below wind” ( to leeward ), or else ‘“ Haster-
lings” (above all the other nations in-the Hast), from this -
so-called promontory where they had settled again, the same
name having been given afterwards also to some of. their
neighbours or other Hasterlings. This country has generally been
known since that time by thename of “Tanah Malayu,” i.e. “the
Malay territory” or else “the Malay Coast,” comprising in a
larger sense all the country from that very point or from the
2nd degree till the 11th degree North latitude and till Tenasse-
rim, though, taking it in a more limited sense, only that country
is understood, which now belongs under the governorship and juris- °
diction of Malacca and its environs ; they are also considered above
all the real and original Malays and they are, therefore, also called
“Orang Maléyu,” i.e., the Malays, whilst all the other Malays,
either closely or far off, as those of Patani, Pahang, Peirah,
Keidah, Djohor, Bintam, (*) Lingga, Gampar, (*) Haru, and
others in this same country or on the islands of Bintang(*)

(1) “Sri Tribuana” and “ Sri Trib’huvena’”— Malay Annals, LEYDEN. But
CRAWFURD accepts “SriTuri Buana,” and on theauthority of Professor WILSON
gives “Illustrious Tfiri tree of the world” as the meaning. His firstname was
“ Sang Sapérba.”’ :

(2) Lébar Daun. “Démang” a Chief (Javanese ).— “ Démang Lébar
Daun”— “ Chieftain Broad Leaf.”

’ (8) Batam or Batang Island lying between Bentan and Bulang? or Bentan?

(*) Kampar, river and country of that name in Sumatra lying between
the Siak and Indragiri rivers. é

(5) Bentan, the island lying E. by 8. of Singapore, on which is a prominent
hill visible from Singapore, and alongside of which on the W. side of it, lies
Pflau Penyingat, the site of Riau (Rhio).

rf
-

VALENTYN’S DESCRIPTION OF MALACCA. 6b:

Lingga (1) (on the South of Malakka ), orin Sumatra, are also
called Malays, but always with the addition of the name of the
country where they come from, as for instance: Malayu-Djohor,
Malayu-Patani, &c., &e.

Now, this is that famous far-renowned country considered by
many ancients and even by many -~people now-a-days, to be that
very ancient Ofir, the country from where King SoLomon got
the gold and the other Indian curiosities, mentioned in the H.
Scriptures, and consequently called by the ancients “Regio Aurz-
fera,” i e., the gold coast, the gold region.

It is certain that, leaving Hzion Geber and passing through the
Red Sea and so along the shores of Arabia and Persia and from
there again along the Coasts of Malabar, Coromandel and Bengal,

and so on, skirting along the coast, from one shore to the other

and finally along the Kingdoms of Avrracan, Pegu, Siam and
Tenasserim, till the Malay Coast, this could be done without a
compass ; but we have amply shown in our first volume and in
other places, that it was not this Coast, which was meant by that
Ofir, but that it must have been very likely the island of Ceylon.

The Malays, after having remained at that place for some time,
built there their first town, calling it Szmgapura, and a small
sound on the South side of the same town still carries that name.

The King of Madjapahit (an empire of Java) was in those days
one of the most powerful Princes in those quarters. He was not
only feared on the island of Java, but he had conquered also many
places in Java Minor and in Sumatra and had extended his do-
minion over several other provinces. (7)

Madjapahit then being one of the first and most celebrated cities,
not only of Java, but of the surrounding islands too, the ambition
of its Prince induced him to drive this new people out of their
country, and consequently to attach a new pearl to his crown.
He attacked them several times with large forces and thus forced
them to fortify their place more and more.

Strt Torr: Bowana died in 1208, after having ruled them as a

brave Prinee during 48 years, and was succeeded by PapoEKa

(1) On this island is Daek, the seat of the Johor sovereign after the aban-
donment of Johor Lama. The occurrence of the names Bintam Lingga and
Bintang Lingga together, would suggest perhaps accidental repetitions, rather
than the inference that Bintam was for Batam, the latter not being well
known, while Bentan was in connection with Lingga. This is evidently the
case from what appears on p. 65.

(2) And had had communication with China after defeating a Chinese
expedition sent against him.

66 VALENTYN'S DESCRIPTION OF MALAGGA,

PrkARAM WrRa as their second Prince. This one did not govern
them for such a long space of time; he died after a period of
15 years. He did nothing of importance, only extending the
recently built town and fortifying it a little more, so as to. be
able to withstand better the plots of the mighty Prince of Mad-
japahit, who did not leave him in peace.

He died a. D. 1223, and was then succeeded by the third King,
Sret Rawa Wrixaram. This was a° young and brave King, who
ruled them during 13 years with moderation, and who commenc-
ed to be feared ali round, but he died very suddenly in 1236,
to the great grief of his people, who liked him very much.

His successor was Strr Mana Raga, who was the fourth King
and who also made a very epot figure and extended the town
ereatly. He governed them 124 years with great care, and was
also very much liked by his subjects and feared by his enemies.
He died in 1249.

That same year Srri Iskanper Suan was elevated to the crown
in his place as the last King of Singapura. He resisted the
mighty King of Madjapahit in the first three years of his reign,
but was so hard pressed by him at the end of 1252, that he had
to abandon Singapura and to migrate higher up to the North side
and from thence to the West side of this country, where he laid
foundation of a new town in 1253. Including him, five kings had
ruled in Singapura during a period of 91 years. He embellished
that new place gradually to such an extent that, among the three
great and celebrated cities in those quarters of the East, this place
was considered afterwards to be the third in rank, or next to
Pasi in Sumatra, which stood second nextto Madjapahit. He
called this new town Malakka, after a certain tree— Kajoo
Malakka,”’ or the Malakka, otherwise called the J/rabclan or the
pentagonal tree. While it happened that he commenced to build
the town * at the very spot where he had taken some rest under
such a tree, whilst waiting there till the dogs dislodged the game,
one day that he was hunting in those environs, all which particu-
ars are told at large in the book Hanioowah. ‘Lhe former Kings
of Madjapahit, not yct satisfied with the conquest of Singapura,
crossed to the opposite shore of the island of Sumatra and took
there the kingdom of Indragiri. Since then, they have al-
ways made one of the Javanese princes, related to them, King of
that realm, and we shall find afterwards one of the Kings of

* Mr. MAXWELL has drawn attention to the existence of a similar legend
amongst the Guzaratis. (Journ, Roy. A. 8. Socy , XIII, N.S.)

VALENTYN S DESCRIPTION OF MALACCA. 67

Malakka as a King on that throne, invested with that authority
by the King of Madjapahit.

In the meantime this town ( Malakka) and this renowned people
increased under this prince very much in importance and in pow-
er, and it was this King who laid the foundation of a permanent
kingdom.

He lived till 1274 a. p., and died after having governed
this people during 25 years, havine o swayed the sceptre three years
in Singapura and 22 years as the first King of Malakka, feared
by his neighbours, and beloved by his subjects. Sultan Macat
succeeded him that same year as the second Malay King at
Malakka.

This prince died after a short reign of two years, and on his
death the Malays had been governed 115 years and 6 months by
Heathen Kings.

He was succeeded in 1276 by Sultan MonammeD SHAH, the seventh
King of the Malays, and the third of Malakka, who was the first
Mohammedan Prince of Malakka; he became famous, while he
strongly propagated this new religion and greatly enlarged his
empire during the 57 years that he ; governed this kingdom.

It seems that it was he who transferred the name of Malajoo to
the adjacent islands of Lingga and Bintam or Bintang, South
of the Promontory of the Malay Coast, and that he made that
name famous among the natives of Djohor, Patani, Keidah ( other-
wise called Quedah), Peirah and of other places even on the
opposite coast of Sumatra and Gampar (1) and Haru, and that the
inhabitants of those quarters, feared him so much, that appa-
rently all their countries were then already subjected ‘to him.

Not satisfied with those conquests, he married in the last years
of his reign, the Princess of Arracan, heiress of that King, thus
subjecting that kingdom by inheritance, installing the Prince, whom
he appointed there and who had been selected among the Malays
Mangkubumi, z.e., Chancellor of the Kingdom of Malakka.

He died a.p. 1883, after having reached a very advanced age,
leaving to his son Sultan ABoo.SHanID (the eighth King of the
M alays, the fourth of Malakka, and the second WY @inene medan King)
a peaceable kingdom. But this Prince did not possess it a very
long time, for he was stabbed by the King of Arracan in

1334, after a reign of but one year and five months, leaving the
kingdom in the same condition as his father had left it to him.

He was succeeded that same year by Sultan Moparar Suau (as

(1) Kampar, see note (4) page 64.

68 VALENTYN & DESCRIPTION OF MALACCA.

the ninth King of the Malays, the fifth of Malakka, and the third
Mohammedan King). This King governed his people with great
sagacity and very carefully. |

He shewed his sagacity in leaving to his people a book full of
sublime rules and maxims, called “I'he Statutes of Malakka,” and he
has given also many proofs of his valour during his reign of 40 years.

A very mighty Prince, called BoogBaryga governed in 1340 the
Kingdom of Siam (then called Sjaharnan or Sornan).

This King who had overpowered the countries all round his
empire, having also received reports of the celebrated commer-
cial town of Malakka, was jealous of its rise, challenged it te
surrender, and when King Moparar would not submit to him, he
ordered his General Awr Issakar to attack it.

A fierce battle ensued between these two Princes, or rather
between their Generals. but Strr Nara Drrisa, the General of
Malakka, behaved so valiantly, that he forced the Siamese to re-
treat with great loss and shame. That Kiny of Siam died soon
afterwards, and was succeeded by one CuvpanDan, who did not
leave the matter, but, again attacking the King of Malakka, be-
sieged the town for the second time; but he was as unfortunate as
his predecessor, and was also defeated by the same General of
Malakka, who gave him such a severe blow in driving him away
from the town, that he too died of chagrin a short time afterwards.

1t was at this time that the town of Malakka was considered
the third in rank with Madjapahit and Pasi, among the renowned
cities in those quarters of the Hast.

This Prince governed this kingdom with much glory for some
years more, and died in 1374.

He left his son as his successor, who was first commonly called
Sultan Appt, but called afterwards ( when he became King )
Sultan Mansor Suau. He was the tenth King of the Malays, the
sixth of Malakka, and the fourth Mohammedan King. Many
important things happened in these quarters during his reign, and
none of his predecessors governed so long as he did, viz., 73 years.

The Kingdom of Indragiri on the East coast of Sumatra was
still under the supremacy of Madjapahit in the beginning of the
reign of this King, but when Mansor Suan had married Rapin
Gara Issmnpra Kirana, the daughter of the King of Madjapahit
and a Princess of great celebrity, that King bestowed the King-
dom of Jndragiri upon his son-in-law, and in this manner Indragiri
came under the rule of the Kings of Malakka, who governed it till
we came here.

The King of Madjapahit was at. that time (1880), so powerful

VALENTYN S DESCRIPTION OF MALACCA. 69

that he rather ought to have been styled an Emperor than a King,
while there were so many Kings submitted to his supremacy, that,
when they appeared in his council. he had to show to every one
of them their seat according to their rank. Se gave the first seat,
the place of honour next to him, to the King of Daha; the second
seat to the King of Tanjong Pura (CJava), who was also married
to one of his daughters, Nasa Kusama or Nyat Kasuma and
who has succeeded him as King of Madjapahit; and the third seat
was the place of the King of Malakka, his other son-in-law.

King Manson Suatt made also an alliance with the Emperor of
China, and married his daughter. After this union he declared
war with the King of Pahang and conquered his kingdom.

At that time Malakka was the first, Pasi the second, and Haru
the third city in those quarters of the Hast: these places were
famous, excelling in power and importance. Afterwards he declar-
ed also war with the King of Pasi, one SarnaLauDIN,* and defeated
him too.

A short time afterwards, about 1420, Kratw Samarzooxa, King
of Macassar, sent a fleet of 200 sail with a strong army to Malakka,
to wage war against that place, but the Laksamana or the Admiral
of King Mawnsor Suan attacked the enemy so valiantly, that he
compelled him to retreat, and he retired to Pasi, which place he then
besieged, ruining the country all round it.

The said SatnaLAnpiIn, King of Pasi, afterwards had differ-
ences with his two younger brothers, who drove him from his
kingdom, compelling him to take refuge with this Kine of
Malakka (Mansor Suan), who took him under his protection,

He besieged Pasi for the sake of this Prince, and recoiuquered for
him his kmgdom and its chief town ; but afterwards he (Satnauan-
DIN) would not submit to Mansor SuHau.

His reign thus passed in constant wars and military troubles.

He died in 1447, leaving his son, Sultan ALrpprn as his suc-
cessor.

He was the eleventh King of the Malays, the seventh of Malakka
and the fifth Mohammedan King.

His reign lasted 80 years, but it does not appear to me, that
he performed anything memorable. It moreover seems to me
that, under his rule, Malakka must have submitted for a short time
to the dominion of the King of Siam.

He died in 1477 and was then succeeded by Sultan Maumup
SHauH, who was the twelfth King of the Malays, the eighth and also

* ZEINEDDIN, or ZEINALABEDDEN.

70 VALENTYN’S DESCRIPTION OF MALACCA.

the last King of Malakka, and the sixth Mohammedan King.

He governed this people during 36 years, of which 29 years in
Malakka and afterwards 7 years more in Johor. It was under
his reign that the Malays threw off the Siamese yoke, and such
in 1509; but we will see that at large in what follows.

It was also during the reign of this King, that the Portuguese
arrived for the first time at Malakka, and conquered the country.
For the sake of evidence and to clear up the matter, we wil mention
all those great events from the beginning and treat in due order ©
that part of the history of Malakka and of its Kings till the time,
when wearrived in these regions.

ARRIVAL OF THE PORTUGUESE AT MALKKKA.

The Malay historian is not quite correct, when he states that
the Portuguese arrived for the first time in these quarters, more
especially in Malakka, in the beginning of the 30th year of Sultan
Manmup Suan’s reign, for, adding 29 years to the date that he
ascended the throne, i.e., 1477, the first arrival of the Portuguese
should have happened in a.p. 1506, and it is fully evident from
what follows, that they first came here not earher than two or three
years after that date and that they did not conquer Malakka
earlier than five years after that date, viz., A.D. 1511. This Prince’s
reign was consequently a longer one in Malakka and not such a
long one in Johor.

King Emanvet of Portugal orderedin 1508 Jacop Sequetra, (7)
one of his Admirals (according to Marresus it was the Admiral
Dripaxus Loprs), to go with 4 vessels of. his fleet of 16 sail to
Malakka to make a treaty of friendship with the King of that coun-
try, then Sultan Maumup SHau.

Arrived at Cochin, he first went in 1509 to Sumatra, touched
at Acheen, and finally arrived thence at Malakka.

He met King Miumop at that place, who had then just revolted
from the King of Siam, under whose dominion the Malays had
been for a short time. SrQuETRA, as soon as he had drop-
ped anchor, forwarded one HeronemMts TEIx‘1Ra (2) with a present
and with a letter written in Arabic from King EManvgL, request-
ing the said King of Malakk» to allow him (Saquaira) to carry on
trade in amity. which the King granted him at once.

No sooner had Sequeira made a treaty of friendship and of

(1) This name is still met with here.

VALENTYN’S DESCRIPTION OF MALACCA, aia 3)

commerce, than the Moors and Arabs pointed out to the King that
the Portuguese did not come here to trade, but that it was their
intention to drive the Prince out of his kingdom. They spoke so
in fear that, when the Portuguese were once allowed to trade here,
their own ¢raffic by means of varavans from Cairo and Alexandria
in Heypt and to Hurope, would be totally ruined.

They aspersed the Portuguese character to the utmost, and told the
King ‘that they had acted in that very manner at Cochin, Cana-
noor, (rmus and other ae aces, that they had seized upon the said
countries and had built fortresses in all those places to vindicate
their rights.

The co: isequence of these instigations was that Manmup at
once made up his mind to violate his word and to break the treaty
already made with Srquerra, and he intended to invite him with
his principal officers to a dinner and to kill them all at that party.

The Moors thought this plot to be carried out as easily as it had
been easy to their cunningness to persuade the King to their pur-
poses, but we will see that they did not succeed so readily as they
had imagined.

True, Sequetra had already accepted the invitation, but, in the
meantime, having been informed of the said plot, he pretended to be
unwell and betrayed nothing.

The King had also allowed Sequeira to have a building on
shore, in which house Roprigo AranGeE (*) had already established
himself as the Supercarzo, for the trade of the Portuguese.

The Chinamen living here and a Persian woman had informed
SEQUEIRA in time, by means of a tailor, of the intended treachery,
but at first neither he nor his companions would believe that it was
true, and they went on courting the girls in the town behaving
unchastely.

One Nakhoda Brava and one Isurezn Mutts, (7) a Javanese Raja
(i really don’t know how to spell these names), the wealthiest 1uha-
bitants of this place next to the King, meantime did their
best to kindle this fire and to confirm the King of Malakka more
and more in his hatred to the Portuguese: ihe Cy made splen-
did presents to the King and to his uncle, thus trying to obtain
their villainous object ; put the Admiral of the King of Malakka,
an honest man, fully disapproved this shameful treason, and main-
tained that the King was obliged to keep the treaty at least as long
as these new customers had not given him a reason to do something

(1) According to the Commentaries of ALBUQUERQUE, “ Ruy de Araujo.”
(2) Utimiati, a Javanese title,

72 VALENTEN'S DESCRIPTION OF MALACCA.

of that kind with some appearance of justice: but all his persua-
sion, though well-founded, had no effect.

When Mauuup heard that his first plot had. failed and that the
principal reason that Sequerra had not come was, that the pro--
mised spices had not been forwarded to him, he sent him word that
he would despatch at once the crafts with the goods. Ssqumrra
seemed to be ‘pretty well pleased with this message, but he for his
part stationed at the same time some of his boats on four different
places so as to be prepared for all eventualities.

The King sent some embarkations with soldiers besides, who.
were hidden under the victuals and provisions. He ordered more-
over some of his people to conceal their arms under their garments
and to try to get access on board of the vessels as dealers in eata-
bles, and to take hold of the opportunity as soon as they perceived
a column of smoke going up in the town.

Persus Marresvs tells us, that Isures Murs had ordered his
cousin, one ParraKoos, to kill Sequerra, while Sequerra had put
his trust entirely in that man and admitted him freely into his
presence.

When everything had been properly arranged, the crafts paddled
to the vessels; they created suspicion, however, by ascending the
vessels with too large a number at once and GRacta DE Sousa
noticing this stopped them and sent Frerpinanp MaGennaan to
Sequetra, to warn him that there was something suspicious in the
wind.

Isut1 Muris and his men, eight of which already surrounded
SEQuETRA, who was playing at chess, stood anxiously waiting for
the signal on shore, viz., the column of smoke. S#QUEIRA, though
warned by Magetiaay, did not care at all about it, he only ordered
a Mate to ascend the mast to see if the boats, which had their
freight, were on the way back already, and continued his game
as passionately as ever. Still the signal was not given, and
when the Mate, who was in the mast, saw that a Malay drew
his Kris and that another made a sign to show the first one, that
it was not the right moment yet, he warned Srquetra at the top
of his voice, that those Malays were merely waiting for a signal
to effeciuate their plot.

SEQUEIRA called out for his arms just in time and drove the
enemies overboard, who, astonished and wild that their attempt
again had failed, jumped i in their boats and hurried away from the
vessels,

The signal on shore was given just after they had left the ves-
sels, and the consequence was that those who had still stopped

VALENTYN’S DESCRIPTION OF MALACCA. 73

strageling in the town, were murdered unmercifully. Twenty of
them fled to the house of Ropriago ARANGE (1) and Francisco SER-
RANO, and having got a boat in time escaped the massacre.

Whilst Stquerra and his officers were still deliberating with
each other about this wicked deed, the King and the Bandahara
~ (Chancellor of the Exchequer) sent an Ambassador to the
vessels to apologize for what had happened, offering to pun-
ish all the culprits and to deliver unhurt all the Portuguese
who were still in Aranan’s house. The very first thing that Sr-
guerra did, was to claim, that those Portuguese should be surren-
dered at once, but seeing that the King was continually using
subterfuges and that his ships got gradually surrounded by a great
many native crafts, blocking him up imperceptibly, he thought it
more advisable not to stop any longer, but to weigh anchor, not
only to avoid a flagrant breach of peace, but also not to miss his
return to India through the Ganges, by+the passing of the mon-
soon. But when he received the intelligence, that pb’ALMEIDA
(together with whom he had been dispatched ) had returned home,
he too went back to Portugal. The famous ALtronsus ALBUKIRK,
who had been appointed Vice-Roy in 1509, had resolved in the
meantime to conquer Aden, in complance with the orders
of his Sovereign; he consequently first sailed with 23 vessels,
manned with 800 Portuguese and 600 Natives of Malabar to
Ormus, intending to take the usual way, but, prevented by contrary
winds, he had to put it off an to take another resolution. He then
conquered Goa and made peace at Ormus.

Jacos Menpus VasconsEL, backed by several other ship-masters,
wanted then to go to Malakka against the advice of ALBUKIRK and
actually started to realize that plan; but ALBUKIRK had him brought
back by main force, imprisoned him and dismissed several of his
advisers.

He made at the same time a treaty with the King of Pacem
(Pasi) and insisted upon the extradition of Nakhoda Brava; but
this one haying escaped before he could be surrendered, the
Portuguese at once pursued him and succeeded in overtaking his
ship, he was killed after having defended himself very bravely.

The following curious fact occurred at his death, viz., that no
blood, was to be seen first, though he had been stabbed through ;
but it was discovered then, that he wore a blood-stanching stone

(2) See note (1) p. 71.

74 VALENTYN’S DESCRIPTION OF MALACCA.

in a bracelet, (1) and as soon as that stone had been removed from
his body, the blood eushed from his wounds.

It was about that time that the King of Malakka, who was
still a vassal of the King of Siam, threw off that yoke. -

He ( ALBUKIRK ) sailed to Malakka on the Ist August,
1511. The Chinamen of that place were kind enough to
warn him of an attempt already planned there beforehand
avainst him and promised at the same to assist him, whilst the
King sent hima eonyaision of peace as soon as he had cast anchor.
The Ki ing of Pahang (the Portuguese pronounceit Pan ) to whom
MauMup's daughter had been betrothed a short time before, was
also at Malakka, when ALBUKIRK arrived there and it was on the
wedding day at the very moment, that some of the allied princes,
who had been invited to witness the marriage, were led round,
seated on a magnificent triumphal car on 380 wheels, that he dropped
anchor.

the sight of the arrivalof ALBuUKIRK’s fleet disturbed the King
aad all the w edding guests; the majority of them being natives,
they wanted to run away at once, but the King , hearing that
he did not want to interfere with their festivities, | sent to inquire
of him, with what kind of goods he could serve him, upon which
he sent the reply that he did not want any new goods, but that
he mercly came to demand the Portuguese who were still there
and those goods which had formerly been detained so deceitfully.

The King, who had certainly about 9,000 brass guns in the town,
tried to put him off with promises and to protract till his fleet,
which had left for an expedition, should have returned, and there-
fore told him, that those Portuguese had escaped ; but ALBUKIRK,
not inclined to be put off with “that excuse and ree eiving not even
the shehtest news of his companions on shore, ordered at once to
set fire to some houses in the town and to some native embarka-
tions, and thus compelled the King to deliver to him immediately
ARANGE and the other Portuguese, whilst he assured ALBUKIRK,
that he wished most ardently to be at peace with him. But when
Arance had warned ALBuxktirRK not to trust the King, he claimed a
place where he could build a fortress, which the King promised
him to his choice, putting it off however constantly. Seeing that

1) In the Commentaries of ALBUQUERQUE described as a bracelet of bone
set in goid, said to be made “ of the bones of certain animals which were called
“cabols (also cabais) that are bred in the mountain ranges of the kingdom of
“Siam, and the person who carries these bones 60 that they touch his flesh can
“never lose his blood, however many wounds he may receive, so long as they are
“ kept on him.”

VALENTYN ’S DESCRIPTION OF MALACCA. 744A

the King tried again to deceive him, he ordered to set fire to his
palace. Then the King begged to make peace and accepted the
terms made by ALBuKIRK, who demanded the delivery of all the
Portuguese, the restitution of the stolen goods, and the indemnifi-
-eation of the expenses for two fleets, which had been despatched
this way ; but tne King’s son (whom Marrgssus has named ALLopIn)
and the King of Pahang declining to accept the said terms, AnBu-
KIRK ordered his troops to attack and to plunder the town, and to
spare only the properties of one Nrnacuwetu and of Isurrotts,
(who had already made peace with him before and had submitted
to him) and of all the Javanese who stood under his orders and of
a few other individuals, who were his allies in town. ‘The King
having been wounded personally dismounted his elephant and fled,
and so did the King of Pahang too, and they never returned again.

A few days afterwards he and his General Axtonto p’ABREO @)
attacked the town for asecond time; a fierce battle was fought, bus
D ABREO conquering a certain bridge put the Malays to flight and
ALBUKIRK made his entry in the royal palace where he found that
the King and his household had alrea udy fled.

ALLODIN having collected the fugitives, was defeated for a
second time and compelled to flee to the island of Bintam (situated
opposite to Singapore), where he fortified himself in spite of its
Prince.

The Portuguese, once masters of the town, plundered it thoroughly,
<apturing among other things the 9,000 brass guns. The
booty seized at Mal aes Was SO arch, that one fitth of 1b, 2.¢., the
part reserved for the King (of Portugal), amounted to 200,000
ducats.

ALBUKIRK appointed Raja Isutinuris, head of the Moors, and
Nriyacuetu, head of the other native inhabitants; he fortified the
town, opened the place for the trade, and built of the tombs of the
Kings the first Christian Church, devoted to the Annunciation.

He sent the news of this conquest to the King of Siam, who
was very much pleased, that his disloyal vassal had been punished
so severely, he congratulated ALBUKIRK on his success and beg-
ged him to make an offensive and defensive alhance. The Laxa-
mana (or Admiral of Malakka) came to beg him also to consider
him a friend, assuring him, that he had tried to dissuade the King
from making war, and ALBUKIRK pardoned him also.

And behold now this proud Malakka, the glory and the success
of the Malays!

(1) Commentarics—ALBUQUERQUE, “ Dabreu.”

743 VALENTYN’S DESCRIPTION OF MALACCA.

The fugitive King Maumoup did not die of grief (*) (as 1 is asserted
by the Portuguese), but he had fled in 1511, to the North-East side of
the Southern Promontory of the country, after having ruled Malakka.
for 34 years; with him a period of 252 years was completed that
this country had been under the sway of Malay Kings. He com-
menced to build a new town at that place (the third one built by
Malay Kings in those quarters), enlarged it and finally finished it,
and gave it the name of Johor, after the Arabic word “Johor”
perhaps, which means “a pearl” also “the fine human shape.”

He founded a new empire there, the Kings of which from that
date were no longer styled Malay Princes or Kings of Malakka, but
Kings of Johor. He reigned two years at that place, died in
1518, and was succeeded by his son, who had not the name of
ALLODIN (according to the Portuguese historians), but who has
been mentioned by the Malays as Sultan Aumep Suau, in their
venealogical register of the Kings of Malakka and Johor. He
was the thirteenth King of the Malays, the first of Johor, and the
seventh Mohammedan King.

| To be continued. |

() The Commentarics say he died at Pahang, a few days after his arrivak
there.

THE LAW AND CUSTOMS OF THE MALAYS WITH
REFERENCE TO THE TENURE OF LAND.

SSO Oe
INTRODUCTORY.

——2079400——

HERE are, probably, few subjects connected with
the Government of a Malay population which are so
little understood by Englishmen in the Colony as
the principles which account for the point of view
| from which these people treat the possession of, and
rights in, land. Successive generations of public servants in
the Straits Settlements have been haunted by a bug-bear
known as ‘the Malacca Land Question,” which still makes
periodical appearances, and is very far from having been set
finally at rest: it is nearly sixty years old and has derived
from the joint forces of ignorance and neglect an extraordi-
nary vitality. From time ‘to time a oreat deal of well-meant
labour has been employed in trying to bring Asiatic customs
and English law into harmony without the aid of legislation,
and it need hardly be said that the task is an endless one.
Two systems of tenure have been in operation in Malacca
during the greater part of this century, and the present gen-
eration of officials have inherited a legacy of confusion in
which time develops fresh combinations continually.

In all the provinces of British India, British Administrators
have taken the native revenue system as the ground-work on
which to build up a detailed and consistent structure of land-
revenue administration. Native tenure has been fully recog-
nised ; native law has been studied ; the technical terms used in
the vernacular to express particular documents, tenures and
native officials have been preserved and are employed i in all the
Courts ; nothing so fatal to the prosperity of the country and

76 MALAY LAND TENURE.
so unsuited to the native mind as the introduction of English
real-property law has been dreamt of. Why was the policy of
Indian Administrators as regards Malacca directly con-
trary to that pursued in British India? Principally, I think,
because it was not soon enough discovered that the conditions
of Malacca—an ancient Malay kingdom and then successively
a Portuguese and Dutch Colony—difiered fundamentally from
those of the modern Settlements of Penang and Singapore,
which had no 2PM prior to their acquisition by the Hast
India Company, and to which, therefore, any law of land tenure
might be applied without the fear of disturbing existing rights,
interests, customs, prejudices or superstitions. Malacea has
never been the seat of Government during its occupation by
the British, and the land laws and reg Saco formulated from
time to time by officials, more conversant with the English .
practice introduced into Penang and. Singapore, than with
native law and custom, have never really fulfilled their pur-
pose.

Within the last nine years, certain Malay States on the West
Coast of the Peninsula have fallen under the direction of
British Officers subordinate to the Government of the Straits
Settlements, and the latter are, therefore, to same extent, in a
position similar to that of the Malacca officials earlier in the
century. Unless future generations of public servants are to
be confronted by a Perak, a Salangor, or a Sungei Ujong
“Tand Question,’’ it is difficult to exaggerate the importance
of studying very closely, and understanding very clearly, the
nature of native rights in land. There is even a danger of
imbibing and conveying erroneous ideas on the subject by the
use of English technical terms.

The first proclamation about land issued in Perak under the
advice of a British Resident contained such terms as “ fee
simple,” and in Larut, as early as 1876, land was being tramns-
ferred and mortgaged with all English legal technicalities by
the aid of two or three ignorant scribes aio brought printed
forms from the nearest Dritish Settlement—Penang ! It is
peraps doubtful if, to this day, the Malay law of land tenure
and Malay thought and feeling regarding land are properly
understood by Europeans in Native! States, and, if not, there
may be reason to fear difficulties in years to come.

MALAY LAND TENURE. var

Besides persons in the service of the Native Governments,
who are brought, by their duties, into connection with native
land-holders, there is an independent class of British settlers—
planters, miners and others—to whom it may be important to
know what rights in contiguous land their native neighbours
may have, and how far they are at liberty to alienate them.

It has occurred to me, therefore, that it may be useful to
summarise, as far as I have been able to ascertain it, the law
relating to immoveable property in an independent Malay
State, and to publish translated extracts from Malay Codes of
laws, as wellas the judgments of English Judges who have had
to deal with the subject. I shall be amply repaid for the
trouble which I have taken to examine the available informa-
tion, and to arrange it in an intelligible fourm, if increased recog-
nition and respect for the rights of native land-holders should
be obtained thereby.

CuHaprer Il.

PROPRIETARY RIGHT.

The customary law of the Malays with reference to the
occupation and proprietorship of land differs little from that
of other Indo-Chinese nations—the Burmese, Siamese and
others. The natural condition of land in Malay countries,
from Sumatra to Borneo, is characterised by dense forest, which
demands no small labour and perseverance before a clearing
is effected and cultivation commenced. Land is abundant, but
the population is sparse ; there is no restriction upon the selec-
tion and appropriation of forest land, and a proprietary right is
ereated by the clearing of the land followed by continuous occu-

78 MALAY LAND TENURE.

pation.* Forest land and land which, though once cleared,
has been abandoned and bears no trace of appropriation ( such
as fruit-trees still existing) are said technically to be tanah
mati, or “dead land.’’ He who, by clearing or cultivation,
or by building a house, causes that to live which was dead
( meng-hidop-kan bumi), acquires a proprietary right in the
land, which now becomes tanah hidop (‘live land ’’) in contra-.
distinction to tanah mati. His right to the land is absolute
as long as occupation continues, or as long as the land bears signs
of appropriation.

This qualification of the right of the proprietor is the key
to several important distinctions which help towards the classi-
fication of the subject. Malays practice two kinds of cultiva-
tion—either permanent cultivation ( wet rice-fields and plan-
tations of fruit-trees ) in the plains; or shifting cultivation
(dry rice-lands and vegetable gardens ) on the hills. In cul-
tivation of the latter kind, the element of continuous occupa-
tion, and, therefore, a lasting proprietary right, is wanting.
Again, between wet rice-fields and fruit- plantations there is a
wide difference in respect to the permanence of evidence of
appropriation ; the former, if left uncultivated for a few years,
are soon covered with brushwood and rank vegetation, in
which are harboured vermin of all sorts, to the jury of the
crops of contiguous owners, and shew no signs, except the
absence of heavy forest, of ever having been cultivated ; the
latter, on the other hand, even if abandoned, do not disappear
for many years, not, in fact, until the oon growth of jun-
gle chokes and falls the fr ne trees. Malay ecm has, there-
fore, fixed three years as the term within which wet rice-fields,
if left uncultivated, shall remain subject to the proprietary
right of the owner. If wet rice-land remains uncuitivated for
more than that period, it 1s open to the Raja, Chief or head-
man, within whose district it is situated, to put in another

* “Tn practice there may be said to be but one original foundation for land
“tenures in Burma, viz, that the cultivated-land clearer acquires an abso-
‘lute dominion over the soil, subject only to contribution for the service of

“the State. He can alienate it by gift or sale, and in default of his doing so,
“it descends to his heirs in the usual order of succession. The title to land,

‘therefore, is essentially allodial.”’ British Burma Gazetteer, I, 438.

MALAY LAND TENURE. 79

cultivator. Abandoned fruit-plantations, on the other hand,
may be successfully claimed and resumed by the proprietor, or
by any one claiming under him by descent or transfer, as long
as any of the trees survive, and the proprietary right i is not
extinguished until all evidence of proprietorship is gone.*

A general view of the tenure of land in a Malay State has
been given by Colonel Low ; + the State selected as a type of the
rest being Kedah, as it existed before the Siamese conquest :—
“ The sovereign was lord of the soil, which the orang bindang,
‘or ryots, cultivated under regular tenures. The chief one was
“termed surat putus, ander which the occupier paid at the out-
‘set the price of one mas, or rupee, for every orlong of land:
“ He received this deed from the Raja, and it was stamped with
“ the chops of the latter and his ministers. Jt was in perpetui-
“ty, and could not be alienated, but was subject to resumption

“by the Government if the possessor allowed the land to go to
“waste within a given period —sometimes thirty years. Instead

‘of a regular quit-rent, each ryot capable of labour was sub-
“ jected to a capitation-tax of 16 gantangs of paddy and one of
“cleaned rice, which would now be equivalent to nearly a
“dollar. This was occasionally commuted into a copper pay-
“ment.” But Colonel Low fails to remark, what I believe to
be the case, that only a small portion of the land of the State,

* This is what [ have myself observed in Perak, and have heard declared
by natives to be the custom of the country. It agrees with what MarspEn
says of the Malays of Sumatra :

ee Ny ia any of those (fruit- “trees) subsist, the descendants of the pe
‘‘may claim the ground, though it has been for years abandoned. It they are
‘‘eut down, he may recover ‘damages ; ; but if they have disappeared in the

‘course of nature, the land reverts to the public.”

+ Dissertation on Penang and Province Wellesley, p. 6. The practice of
bone a written document has perhaps been borrowed by the Kedah Malays
from the Siamese: ‘A Chau Naa, or cultivator, who is desirous of clearing
‘* oround, applies to the headman of the village. "The latter shews his written
e application to the proper oflicer, who directs him to inspect the land and
“measure it. ‘The applicant, having cleared it, receives a written title; but
‘‘although he is no¢t in it vested absolutely with a right in perpetuity, still
‘‘the land forms thereafter a part of his read property, is alienable by deed of
“sale, or by gift, and descends to his heirs at law. From this it is clear that
‘‘the King can take advantage of so defective a title. Prescription is the
“« owner's best safeguard.”’ —Colonel Low, Journ. Ind, Arch., I, 337,

80 MALAY LAND TENURE,

and that the best padi land probably, is held direct from
the Raja by swurut putus. The restriction on alienation is, there-
fore, limited in operation, and the doctrine of proprietary right
created by clearing and wccupying is general.

The rules as to proprietary right may be stated as follows :—

1. There can be no proprietary right in tanah matt.
2. Tanah hidop is of three kinds :—
(a) “lead. planted with fruit-trees (taah kampong).
(b) Wet rice-land (tanah bendang, or, sawah).
(c) ee land taken up for-shifting crops (tanah huma,
r, dadang).

on. the Ni eit right in kampong land endures during
occupation and afterwards as long as any fruit-trees re-
main as evidence that the land is tanah hidop.

4, ‘The proprietary right in tanah bendang. or sawah, lasts
as long as the land is cecupicd, and for three years after-

wards.

5). The pe right in tanah huma, or ladang, lasts as
long-as the land is occupied, which is usually a single
season. .
The rights of tenure in a primitive Malay settlement are

thus exceedingly simple, if each proprietor is viewed as the

owner of the piece of land which he has won for himself from
the forest. ‘The kampong, or village, is made up of independ-
ent holdings, and there is no such thing as a joint ownership,
by the inhabitants of a village or tract, of cultivated lands,
which is common in India. - In long- established and populous
settlements, the cultivated lands of which have been trans-
mitted by descent for generations, there has, of course, been
time for the operation of all sorts of mfluences—the result of
a comparatively civilised state of society—which have contri-

buted to imtroduce fresh modifications into the simple rules -

just enunciated. Thus, it will become necessary to consider,
further on, the right of the Raja to a share of the produce, the
liability of the proprietor for-personal service, the right of the
proprietor to sell and mortgage, the law of inheritance, &c.

eer eee ee

MALAY LAND TENURE. 8}

Cuaprer II.
HUMA OR LADANG CULTIVATION.

The most primitive form of cultivation known to the Malays,
and one that is practised by numerous Indo-Chinese tribes, is
the hill-farm system. *

The Malay peasant who does not possess a sawah, or wet
padi field, or who, possessing one, is unable, front want of
bufialoes or some von cause, to work it, s alecrs a piece of
forest land on the side of a hill and proceeds to clear it by
first cutting down (fébas) the under-wood and then felling
( tébang) the forest trees.

Work is commenced about March or April, and when the
fallen timber is dry it is set on fire; if this is skilfully done
and advantage taken of wind, the whole is rapidly consumed,
leaving a clear surface for agricult ural operations. Charred
stumps stick up in all directions on the clearing, and some of
the lighter timber is turned to account in making a rough
fence round the cultivated patch. Hill-padi (padi uma) Is
then sown bv dropping a few seeds into holes made at short
intervals with a pointed stick. Many Malays prefer the /adang
system, as it is called, to the wet cultivation on the plains, for
one reason, namely, the variety of different edible vegetables
which a /adang will produce. Besides the hill-padi, he can
grow on his farm bananas, Indian-corn, pumpkins and gourds,
sugar-cane, chillies, &c.,.&c. Sometimes the same piece of
land is cultivated in this manner two years running, but
usually new land is taken up every year.

The Sakai and other aboriginal tribes who inhabit the inte-
rior of the Peninsula, also practise this system of hill-cultiva-
tion, and their clearings may be seen on the sides of the more
distant mountains far removed from the districts inhabited by
the Malays. Logan observed this among the wild tribes in the
South of the Peninsula, and has fe eeibed their mode of clear-
ing and planting their ladang. T

* << The custom of ‘ Chena’ farms is of extreme antiquity in Ceylon.
‘Tt is alluded to in the Mahawanso, B. C. 161, ch. xxiii, p. 140.”—Try-
Nent’s Ceylon, II, 463.

+ Journ, Ind, Areh., I, 455.

82 MALAY LAND TENURE.

This is, no doubt, the national Malay mode of agriculture,
and characteristically enough it is introduced:into the legend
which tells of the establishment of a royal line of Indian
origin into Malay countries. The two peasant women whom
the first Indian king meets when he descends upon the sacred
mountain at Palembang, are described as engaged ‘m culti-
vating a hill-garden (ber-/adang ) where they plant hill-padi.*
The successive processes of clearing, burning and planting
appear to be carried out in Sumatra in precisely the same way
as on the Peninsula.+ .

Tennenvt’s description of “ Chena’’ cultivation in Ceylon is
worth transcribing in full. It will be seen that he regards the
disadvantages of the system as outweighed by its advantages :—-

“The process of Chena cultivation in this province is uni-
“form and simple. The forest being felled, burned, cleared,
“and fenced, each individual’s share is distinguished by
“marks, huts are erected for the several families, and in Sep-
“ tember the land is planted with Indian corn and pumpkins ;
“and melon seeds are sown, and cassava plants put down
“round the enclosure. In December, the Indian corn is
“ pulled in the cob and carried to market ; and the ground is
““ye-sown with millet and other kinds of grain, chillies, sweet
‘ potatoes, sugar-cane, hemp, yams, and other vegetables, over
“which an unwearied watch is kept up till March and April,
“when all is gathered and carried off. But as the cotton
“‘ plants, which are put in at the same time with the small
“orain and other articles that form the second crop after the
“Indian corn has been pulled, require two years to come to
“maturity, one party is left behind to tend and gather, whilst
‘their companions move forward into the forest to commence
“the process of felling the trees, and forming another Chena
“< farm,

“The Chena cultivation lasts but for two years in any one
“locality. It is undertaken by a company of speculators
“under a license from the government agent of the district,
“and a single crop of grain having been secured and sufficient
“time allowed for the ripening and collection of the cotton,

* Journ. Royal As. Socy. vol. XIII, N.S., p. >. 401,
+ MARSDEN, Hist, of Sumatra, 62.

MALAY LAND TENURE. . 83

“the whole enclosure is abandoned and permitted to return
“to jungle, the adventurers moving onward to clear a fresh
“Chena elsewhere, and take a crop off some other enclosure,
“to be in turn abandoned lke the first ; as in this province
“no Chena is considered worth the labour of a second culti-
“vation until after an interval of fifteen years from the
‘first harvest.

“ During the period of cultivation great numbers resort to
“the forests; comfortable huts are built; poultry is reared ;
“thread spun, and chatties and other earthenware vessels are
“made and fired; and by this primitive mode of life, which
“has attractions much superior to the monotonous cultivation
“of a coco-nut garden or an ancestral paddy farm, numbers
“of the population find the means of support. It likewise
“suits the fancy of those who feel repugnant to labour for
“hire, but begrudge no toil upon a spot of earth which they .
“ean call their own; where they can choose their own hours
“for work and follow their own impulses to rest and idleness.
“Tt is impossible to deny that this system tends to encourage
“the natives in their predilection for a restless and unsettled
“life, and that it therefore militates against their attaching
“themselves to fixed pursuits, through Fiteh the interests of
“the whole community would eventually be advanced. It
- “likewise leads to the destruction of large tracts of forest land,
“which, after conversion to Chena, are unprofitable for a long
“series of years; but, on the other hand, it is equally evident
“‘that the custom tends materially to augment the food of the
“district (especially during periods of drought ); to sustain
“the wages of labour, and to prevent an undue increase in the
“ market-value of the first necessaries of life. Regarding it in
“ this light, and looking to the prodigious extent of forest land
vin the island, of which the Chena cultivation affects only a

“minute and unsaleable portion, it is a prevalent and plausi-
‘ble supposition, in which, however, I am little disposed to
“acquiesce, that the advantages are sufficient to counterba-
“ lance the disadvantages of the system.”

Forses,* who also gives a full description of this system of

* British Burma, 281. “Iam not aware that the dadang mode of cultiva-
“ tion offers any other advantage to the Malays than that it is compatible with
“ the enjoyment of a wandering life.”"—NEWBOLD, Straits of Malacca, I, 268.

84 MALAY LAND TENURE.

agriculture as it prevails among the Karens of Burma, regards
as “their great peculiarity, which they possess in common
“with all the hill-races, not only of Burma and Assam, but of
“the whole of India, their unsettled and ever-changing mode of
‘life, which entitles them to the designation of ‘ nomadic cul-
‘“‘tivators.’ To raise their scanty crops, the virgin forests on
“ the steep slopes of the hills must be cleared and burned ; but
‘““the excessive rainfall washes the friable soil off the surface,
“so that only one crop can be raised on the same spot until
“it has again become overgrown with jungle and a fresh
*“‘ deposit of earth has formed.’

The same practice exists among the more remote and unci-
vilised tribes in Siam. The husbandry of the people of Laos
and of the Karieng tribe is thus described by Paturcorx :—“‘Les
‘Lao choisissent un endroit fertile dans la forét voisine, en
“abattent tous les arbres, et y mettent le feu, ce qui donne a
“la terre une fecondité surprenante.”’ *....... ee “es
“ Karieng, de méme que les Lao, ont coutume de couper et de
“brtler chaque année une certaine étendue de la forét pour

“planter leur riz, changeant ainsi de place tous les ans, ce qui
“les oblige 4 construire souvent de nouvelles cabanes.” +

Cambodia furnishes another example :—

“La culture par le défrichement et l’incendie des foréts
“adoptée par les habitants sauvages de |’intérieur est encore
“‘ bien plus barbare et plus regrettable. Ces pauvres gens se font
“ une idée exagérée des propriétés fertilisantes des cendres, qui
“ appartiennent, comme on sait, aux amendements utilisés seule-
“ment pour introduire dans la terre les éléments minéraux
“qui quelquefois lui manquent et qui sont nécessaires & la vie
“ de -certaines - plantes.’? 2) 000.402. ol) scene Ge
‘“ Tls abattent tous les arbres dans une certaine étendue du bois;
“ils les laissent sécher un peu, et les brilent sur place; ils

‘ étendent les cendres uniformément sur le sol afin de l’amender
“un peu, et au début de la saison pleuveuse, ils font des trous
“yreouliérement espacés dans le sol, avec un morceau de bois

* PALLEGOIX, Siam, I, 40.
+ Id., 56.

MALAY LAND TENURE. 85

“ pointu, et dans lesquels ils laissent tomber quelques grains de
“paddy qu’ils recouvrent d’un peu de cendres.” *

This is also ‘‘ the proper national mode of planting rice ”’ in
the Lampong districts (Sumatra), where such clearings are
called by the Malay name Jadang, corresponding with the
Javanese “tipar.’’ It is practised in Java also. +

Further east, “nomadic cultivation ” is still found, distin-
guishing tribes of cognate origin. The Dyaks of Borneo
repeat year by year the toilsome operation of clearing forest
land for their temporary farms. “ They do not suppose that
“ the soil is in any way incapable of bearing further culture, but
“give always as a reason for deserting their farms, that the
“weeds and grass which immediately spring up after the padi
“has been gathered are less easily eradicated than ground occu-
“pied by old jungle is prepared. They never return to the
“same spot until after a period of seven years has elapsed,
“ which they say was the custom of their ancestors.”’ t

Among the hill-tribes of India, the same primitive mode of
cultivation which Himalaic swarms have carried eastward to
Burma, Siam, the Malay Peninsula, Sumatra and Borneo,
may be viewed in the very districts, perhaps, in which it origi-
nated. The Kukis (north-east of Chittagong ) cut down the
jungle on the declivity of some hill in the month of March,
and allow it to remain there until sufficiently decayed to burn
freely, when they sctit on fire, and thus at once perform the
double purpose of clearing away the rubbish and of manuring
the ground with its ashes. The women now dig small holes
at certain distances in the spot so cleared and into each hole
they throw a handful of different seeds they intend to rear. ||

The Abors observe the same method of cultivation, but take
three successive crops off it before abandoning it.

In India and Burma the control of this practice has neces-
sarily engaged the attention of district officers, and in some
districts fiscal regulations have recognised this system of shift-

* Le Royawme du Cambodge—MOouRaA, I, 25, 26.
t Journ. Ind. Arch., V, 635.

t Low—Sarawak, 232.

|| Astatic Researches, VII, 190.

{ Journ. Ind. Arch., TI, 236,

86 MALAY LAND TENURE..

ing cultivation, ensuring thereby a reasonable revenue to the
State. In the Straits Settlements, on the other hand, where
the necessity of making every cultivator take out a lease seems
to have been the whole and sole guiding principle of the Land
Office, the Jadang or huma system has never been recognised
and regulated. It is still practised, nevertheless, in parts of
Malacca at a loss of revenue to the Colony. In Native States
on the Peninsula it is, of course, common.

~The following remarks on the temporary cultivation of hill-
farms by certain tribes in India and Burma are extracted from
BapEN-PowrELu’s* Manual of the Land Revenue Systems and
Land Tenures of British India (1882), p. 102 :—

“ SHIFTING CULTIVATION.

“ An account, however elementary, of Indian land tenures,
“ would be incomplete withoutsome notice of a customary hold-

“ing of jungle land which is widely prevalent in parts of India,
“but which is of such a nature that it is very doubtful whether
“the term ‘land-tenure’ can with propriety be applied to it.
“ T allude to the practice of temporary or shifting cultivation of
‘‘ patches of forest, which has in some districts proved an obsta-

Seles Ok sak least a source of difficulty in the way of making
“arrangements for the preservation of wooded tracts as forest
“estates, a work which modern science recognises as essen-
“tial for almost any country, and especially a great continent
“ hike India with its climatic changes and seasons of drought of

‘such frequent recurrence.”

“In the jungle-clad hill country on the east and north of

“ Bengal, in the Ghats of the eastern and western coasts of the

“peninsula, in the inland hill ranges of the Central Provinces

“and Southern India, there are aboriginal tribes who live by
af clearing patches of the jungle, and faking a crop or two off
‘the virgin soil, after which the tract is left to row up again
“while a new one is attacked.

“This method of cultivation seems to be instinctive to all
“tribes inhabiting such districts. It seems to be the natural
“and obvious method of dealing with a country so situated.

“The details of the custom are of course various, and the
“names are legion. ‘The most widespread names, however, are

MALAY LAND TENURE, 87

DM nie im Bengal, * ‘bewar’ ( often, but incorrectly, -dahyd)
in the Central Provinces, ‘kumi’? in South India, and
“<< toung-yd’? in Burma.

“ Tn all cases the essence of the practice consists in selecting
“a hill side where the excessive tropical rainfall will drain off
“sufficiently to prevent flooding of the crop and on which there
‘is asufficient depth of soil. A few plots are selected, and all

“the vegetation carefully cut: the larger trees will usually be

ei “ringed and left to die ;—standing bare and dried, there will be

‘no shade from them hurtfal to the ripening crop. The refuse
“is left on the eround to dry. At the proper season, when the
“dry weather is at its height, and before the first rains begin
‘and fit the ground for sowing, the whole mass will be set
‘on fire: the ashes are dug into the ground, and the seed is
“ sown,—usually being mixed with the ashes and the whole dug
“in together. The plough is not used. The great labour after
“that consists in weeding, and it is the only labour after the
“ first few days of hard cutting, to clear the ground in the first
“instance, are over. Weeding - is,in many places, a sine gud. non,
“for the rich soil would soon send up a crop of jungle growth
“that would suppress the hill rice or whatever it is that has
“ been sown. fT

“ A second crop may be taken, the following year, possibly a
“third, but then a new piece is cut, and the process is repeated.

“Natore or RIGHT TO WHICH SUCH PRACTICE GIVES RISE.

}

“ When the whole of the area in the locality putea suitable
“for treatment is exhausted, the families or tribes will move off
“to another region, and may, if land is abundant, only come
“back: to the same hill sides after twenty or even forty years.
“But when the families are numerous, the land available be-

*“ Jim is the general name used in official reports, but in reality this
“name must be entirely local. In fact no one name can be applied. In the
“Garo hills, in Chittagong, in Godlpara, mM Sontdlia, and no doubt in every
“ other district where this method of cultivation is practised, there is a differ-
“ent local name.”

+ “ Bat this is not always the case, where the hill land has long been subject
“to this treatment, or where the soil is peculiar; in the Garo hills, Iam. told,
“ weeding is not required.”

88 MALAY LAND TENURE.

‘“ comes limited and then the rotation is shortened to a number
‘‘ of years—seven or even less—in which a growth, now reduced
““to bamboos and smaller jungle, can be got up to a sufficient
‘density and height to give the soil and the ash manure neces-
“sary. In its ordinary form, this method of cultivation may
“sive rise to some difficult questions. It obviously does not
“amount toa permanent, adverse occupation of a definite area
“of land; nor does it exactly fallin with any western legal con-
‘ception of aright of user. In some cases it may be destructive
“of forest which is of great use and value, in others the forest
“may be of no use whatever, and this method of cultivation may
“be natural and necessary. The progress of civilisation and the
“increase in the population always tend to bring this class of
“ cultivation into the former category, and then it is very difficult
“to deal with. It is impossible’ not to feel that whatever may
“be the theoretical failure in the growth of a strict right, the
“tribes that have for generations practised this cultivation from
“one range of hills to another, have semething closely resem-
“bling a right ; they have probably been paying a Government
“revenue or tax—-so much per adult male who can wield the
“knife or axe with which the clearing is effected—which
“strengthens their claim to consideration. In creating forest
“estates for the public benefit, the adjustment of ‘ toung-yd,’
““kumri, “or ‘gum’ claims has now become a matter of
“ settled and well-understood practice. In the Western Ghats it
“is becoming a subject of difficulty,* but the discussion of the

* “ Already, in the Konkan, whole hill sides have been reduced to sterility,
“while the soil washed by the heavy monsoon rains off the bare hill side, has
‘silted up and rendered useless, streams and creeks which were once navigable.
“ The difficulty is that the tribes are always semi-barbarous, and the task is to
“induce them to overcome their apathy and take to permanent cultivation.
“Unfortunately, sympathetic officials, properly alive to the necessity of kindly
“treating these tribes, are usually totally blind to the real danger of destroying
“the Ghat forests, or what is worse, professing to believe it, the belief has no
“real hold on them. To abolish this destructive cultivation, serious and sus-
“tained effort is necessary; to get the people to settle down, and to procure
“for them cattle, ploughs, and seed-grain, requires liberal expenditure. Ii is
“ difficult to find officers who have the time or the zeal necessary for the first,
“ and financial difficulties are likely to be in the way of the second. An easier
“course is to draw harrowing pictures of the suffering caused to the tribes by
“stopping their ancient cultivation, and to denounce the efforts of the Forest
Administration as being harsh and without recognition of the ‘wants of th¢

MALAY LAND TENURE. 89

“question would be foreign to my present purpose, which is
“merely to describe what is in fact a form of land occupation
“ or quasi-tenure.”’

Cuaprer III.

THE RIGHTS OF THE RAJA.

Monarchical government was introduced among the Malay
tribes by Hindurulersfrom India, and a new element was thus
added to the primitive structure of society theretofore existing.
The settlement or group of settlements of individual cultiva-
tors ( each deriving his right to his holding from the fact that
he and his family or slaves had reclaimed it from the forest )
who lived in tribes under elected Chiefs, or Penghulus, for
mutual protection, now became subject to the incidents of
Aryan kingly government.

The rights of the Raja in the early Hindu kingdoms in India
were :—

1. The right to a share in the grain.
2. The right to collect taxes.
3. The right of disposal of waste land.

The proportion of the padi crop which the Malay Raja or
Chief can claim has come to be fixed by custom at one-tenth
of the grain, and payment can be enforced by seizure of the
crop or land. A new qualification in the proprietary night of the

‘people.’ It is unfortunate that the very forests at the head-waters of streams

“with dense growth and steep slopes, which forest economy most imperatively

“calls on us to preserve, are the very tracts in which this temporary cultiva-
“tion is most insisted on, ”

90 MALAY LAND TENURE.

land-holder has thus grown up in some districts. It was
explained just now that his right, which-was based upon ori-
ginal occupation, is absolute as long as that occupation
continues ; to this must now be added, “ and as long as a pro-
portion of the grain ts paid to the Raja or Chiefs.”

Therate of one-tenth of the produce thus leviable by Malay
custom is, it should be observed, the same as the rate still
collected undera law based upon native custom, in Ceylon.
So, in China, ‘the land is held asa freehold as long as the
Hf sovereign receives his rent, which is estimated at about one-
“tenth of the produce, and the proprietors record their names
“in the District Magistrate’s Office as responsible for the tax,
“ feeling themselves secure inthe possession while that is paid.’’*
In Cambodia, too, the share of the sovereign is one-tenth of
gross produce. + Low, speaking of ‘Siamese rule in Kedah, says:
at oe Siamese, following the code of Menu, affect to exact only

‘one-tenth of the gross produce value, but the tax 1s more than
8 nee in pr actice, at

The right of the Raya to dispose of waste land cannot have
been seriously exerted in Malay States in respect of forest
land. The old Malay custom which permitted the free selec-
tion and appropriation of forest land for the purposes of cul-
tivation was not interfered with, the adoption of any other
course being almost impossible in countries the greater part of
which was under forest. As regards abandoned land, or land
to which there was no heir, it was, no doubt, difierent, and the
rights of the Raja were often duly enforced. It is not diffi-
cult to see how the rights of the Raja to demand a proportion
of the produce, on pain of forfeiture of the holding, and to
dispose of waste land, tended by degrees to create the doctrine
that the right to the soil was in the Raja. Such a doctrine
did in fact grow up, and being, to all appearance, consistent
with the rights exercised by the Raja, and not incompatible
with the proprietary rights claimed by the Malay land-holder,
it has received complete acceptance in Malay States. It was

* The Middle Kingdom—WI.uIAMs, II, 100.

+ Le Royaume de Cambodge—MouRaA, I, 264.

{ Dissertation on Penang and Province Wellesley, 6. Journ, Indl Arch., I
336,

MALAY LAND TENURE. 91

not incompatible with the rights of the owner of the proprie-
tary right, for he did not claim an allodial right to the soil,
but merely the right to appropriate and keep for himself as
much land as he had the power (usaha) to clear and keep in
cultivation. There was no necessity, from his point of view,
to ask in whom the absolute property in the soil was vested ;
he did not claim more than a usufruct, continuous as long as
he chose it to be so, and terminable on abandonment.*

That the soil of a Malay State is vested in the Raja is a
doctrine not now to be questioned, though it may have origi-
nated in confusion of thought, the exercise of the rights to
collect the tenth and to dispose of abandoned land being
assumed to imply the existence of a superior right of property
in the soil, to which the rights of proprietorship were subor-

* “Tn the times of the early Hindu village communities, proprietary rights,
“‘ as defined by powers to alienate, existed to a very trifling extent. In the
‘““more ancient form of community, as has been said, tenures had no market
“value; and in the later and more democratic communities where rights
‘““were more decided, the land was not an individual but a common property,
“and one man could not without the consent of the others sell to a stranger.
“ Still transactions occurred in the latter case among the members of the
“ community themselves, which showed an individual ownership within that
“limit. Sales were not common, and mortgages were usually not foreclos-
“able for a very long period; but the latter existed in abundance, showing a
“ certain value in individual ownership of landed property. Individual pro-
‘“ perty in land sprung up earlier than elsewhere in the districts on the west-
“ern coast, probably owing to the political circumstances which rendered
“ the Government authority weak and the State demands light. The attitude
“ of the Hindu rajahs with regard to the soil has been much discussed. It
“ probably varied entirely with the circumstances of times and places. The
‘ object of Government is to obtain revenues for Government purposes. If it
“ found communities so organized as to be able to farm the villages properly
“and to render the proper State dues, the Government would not interfere
‘in the direction of the disposal of the lands claimed by the community.
“Tf it found an imperfect organization it would be forced to interfere
“in the disposal of the lands, especially of the waste lands, with a view to
“the proper development of the country and realization of the revenue.
“ The tendency probably was for the villagers to lean more and more on the
“ Government in these matters, and hence in many parts of the country the
‘““ State interference became a regular institution. Still there is no evidence
“that any Hindu government ever took the step of ejecting an occupier;
‘even if they failed to obtain their dues from him they limited their repri-
“gals to personal torture or sale of moveable property. The sale law is not
‘a native institution. The discussion whether the Indian governments are
‘““* proprietors of the soil,’ or not, seems to be little more than a dispute
‘about words.” —Standing Information, Madras, p. 78.

92 MALAY LAND TENURE.

dinate. The right of the subject of a Malay State to appro-
priate and cultivate, and thus acquire a proprietary right over,
land which, though once tanah hidop, has been abandoned and
has relapsed into tanah mati, is unquestioned * ; it is not incon-
‘sistent with any supposed right of the Raja to the soil of the
abandoned holding, for Malay tenant right may be established
by a cultivator over the land of another. The Raja’s absolute
property in the soil, is but a barren right, and as he undoubt-
edly has, independently of it, the right of levying tenths and
taxes and of forfeiting lands for non-payment, Malay law does
not trouble itself much with speculation about it. Tenant
right is the cardinal doctrine of the Malay cultivator, and, as
long as that is fully recognised, it does not matter to him who
or what functionary or power may, in theory, be clothed with
the original and supreme right to the soil.t

When Malay laws speak of the grant by the Raja of lands
already under cultivation to some Chief or royal favourite, it
must be understood that what is granted is the right to exer-
cise the royal privileges of claiming from the cultivators a tenth
of the produce and of disposing of abandoned and forfeited
lands. The Raja’s property in the soil is not parted with, and
the tenant right of the cultivators is in no way interfered with.
The grants of the local Dutch Government in Malacca parcel-
ling out the district to a few privileged individuals, which gave

* Appendix I, p. v..

+ “It does not appear from any of the Siamese writings examined by me,
“or from information orally obtained, that the sovereign is the virtual pro-
“prietor of the soil. That he is perfectly despotic cannot be doubted. But
“eastern despots generally encourage agriculture, and however the case may
“have stood originally, it is evident from law cases quoted in the digests and
“decisions that the occupiers of the land have a firm prescriptive, if not an
“ indefeasible proprietary rightin it. Perhaps their Kings may have deemed,
“and with truth, that their own prosperity was linked with the admission of
“that right; and hence may have arisen the fixed assessment on landed pro-
“erty, which has not altered since the days of the earliest intercourse of
“Europeans with Siam. It is collected either in kind at 10 per cent. or in
“money. Ten per cent. on the value of the net produce is here meant.
“ Although this, for Asia, is a light tax in itself, yet when taken in conjunction
“with the obligation to personal service for the State and with other exac-
“tions to which all are liable, it will be found on the whole oppressive. Be-
‘sides, the Kings will often break through all law, social and moral.’—Colo-
nel Low—Journ. Ind. Arch., I, 336.

MALAY LAND TENURE. 93

so much trouble to the officers of the East India Company on
their succession to the Government of that Settlement in 1825,
were of this nature.* The grantees were nothing more than
a species of what are called in India ‘‘ Zamindars.” The abso-
lute right of the cultivators to retain possession of their hold-
ings as long as they paid to the grantees tenths of the produce,
was in no way prejudiced, nor was the customary right of
every native of the country to take up forest or waste land
wherever he pleased and to bring it into cultivation. The
grants were in accordance with Malay tenure, and in no sense
corresponded with the English idea of a freehold holding.
Nevertheless, there are not wanting, on the part of the few
remaining grantees, attempts to assert that their rights within
the districts granted to them include the fullest proprietor-
ship of the soil, and to act as if they were the owners of the
freehold. This is an illustration of the tendency to argue the
acquisition of a proprietary right from the exercise of certain
powers which, until their history is examined, seem to be
inconsistent with any other position. So, in Bengal, the Za-
mindar, who was, in the inception of the native revenue
system, a revenue official, or agent, established in course of
time hereditary and proprietary rights and came to be looked
on eventually as the proprietor of the district over which he
exercised the rights assigned to him. Had the Straits officials
from 1825 understood the true bearing of the position, accord-
ing to Malay law, as the Dutch undoubtedly did (for the
same system is recognised in some districts of Java), it would
have been possible, perhaps, to have left the grantees in pos-
session of their Zaminddri rights, to have assessed the land
revenue of their respective districts at a fixed sum, and to
have exacted full payment of this, leaving the concessionaire to
collect the tenth in detail from his tenantry. |

The following principles regarding land tenure in Java had
been laid down by Sir Stamrorp Rarrues only eleven years
before the settlement with the Malacca grantees took place +:—-
“The nature of the landed tenure throughout the island is now

* Journ, Ind. Arch., II, 740.
+ Revenue Instructions, 11th February, 1814.

94, MALAY LAND TENURE.

“ thoroughly understood. Generally speaking, no proprietary
“right in the soil is vested in any between the actual cultiva-
‘tor 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 vested 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 cer-
“tain 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 pos-
“session. The 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
“Jand 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 isiand, has
“ been quite satisfactorily established ”’

The following description of the mode of creating these
quasi-manorial rights in Java, and the nature of the rights
created, from which it will appear that the Dutch in their
astern possessions have simply adopted the native law of
tenure and have not introduced one of their own, is translated
from Wincxkel’s Essai sur les Principes régissant l’ Administra-
tion de la Justice aux Indes Orientules Hollandaises (1880), p.
141. It is entirely in accordance with Malay law, and the
principles laid down apply, to a great extent, to the private
rights in Malacca which Governor FuLLERton bought up,
with few exceptions, in 1828 :—

‘* Following in this respect the general Muhammadan law,
“ at least in part, the ancient Javanese sovereigns* used to

* «‘ This is still done in Java on the lands of the Susuhunan of Sourakarta
‘‘ and the Sultan of Jokjokarta. But there the thing has been ably worked

MALAY LAND TENURE. 95

“ pay their functionaries and shew favour to their relations
“ and favourites, not with hard cash, but by a delegation of
“ sovereign rights consisting in the right to exact a share of
«‘ the produce of the soil (from one to four tenths) and that
“ of requiring the cultivator to work (in some cases, one day
“ out of every five) either for the pecuniary profit of the lord
“ or merely to gratify his taste for ostentation by swelling his
eetrain.

“ The delegated ruler (who exercises police control and even
“ administers justice to some extent) is not the owner of the
“ soil in the European sense of the word. He cannot, for
instance, evict the cultivator from it; but the latter is obliged
“ to pay the tithe and to take a part in the forced service.

“ Our ancestors found this system in force in Java and
““ jmitated it.

“ These sovereign rights have been conceded by the influ-
“ ence of money, but in perpetuity, contrary to Muhammadan
law.
“The European governments which have followed have
“ often done this and have had cause to repent it.

“ Be that as it may, in the Residencies of Bantam, Batavia,
“ Krawang, Cheribon, Tagal, Samarang, Japara, Sourabaya
“and Pasaruan, there are these ‘ private lands’ (terres par-

‘‘by Europeans. They, never natives or Chinese, take on lease, with the
‘€ consent of the Dutch Government and for twenty years at most, the rights
‘« delegated to members of the royal family and to the officers of their High-
““nesses. It is the Europeans, who, instead of using the corvée to secure a
“ numerous suite, turn it to account in indigo factories, sugar-mills and coffee
‘‘ plantations. Often, instead of a share of the produce of the soil, they
“take a share of the soil itself. This organisation has given incredible
‘scope to European enterprise, has demoralised the native nobility, and
“‘has given more intelligent and therefore more indulgent masters to the
‘‘ common people.

‘ Tf, as it is high time it should be the case, these phantoms of sovereigns
‘* were deprived of their power, and the administration were put on the footing
‘of the ‘Government’ lands, the source of European industry would dry
‘‘up, and the common people would not gain very much, from a practical
“* point of view ; the minor chiefs alone would profit. Effort was made fifty
‘‘ years ago to put a stop to the ‘farming out of the land’ (bail des terres),
‘ but the ancient system was reverted to, tempered by the, by no means no-
“‘ minal, control of the Dutch officials.” :

96 MALAY LAND TENURE.

“* ticuliéres).* Those of Krawang—only two in number and
“ comprising 313 and 51 villages, respectively, with a popula-
“ tion of nearly 180,000 souls— exceed in extent and importance
“ many an European State.

“« These little principalities have been objects of dislike to
‘the Dutch power, ever since, dating from the fall of the
‘“ noble Company, there has been a governing government : to
‘* the Company, commerce was always the chief thing. Some-
“times the government has repurchased them; + on other
occasions recourse has been had to not very honourable
means in order to obtain possession of them.{ ©
“‘ Tt is certain that these lands, especially those of no great
extent and cultivated by Chinese, might support a happier -
native population. Nevertheless, for some years past com-
plaints have much diminished, thanks probably to the strict
““ control of the government.

“« However that may be, it was supposed in 1854§ that it
“was particularly against these absolute principalities that
“* ill-will was entertained in high places, and guarantees were
“ accordingly asked for. The governments protested, saying
“that such a use of the law of dispossession would be an

ee

ee

ce

€¢

€

7

* Tn Dutch, particulier landbexit. The origin of some of these conces-
‘* sions is not a littlemysterious. The Bulletin des Lois, 1836, No. 19, con-
‘* tains the Ordinance for the West of Java regarding ‘ private lands.’ We
‘‘ regret that this interesting subject is beyond the scope which we have
‘* prescribed to ourselves. Itis too extensive to be treated of in a note.
‘* Let us be satisfied with saying that the Court of Justice of Batavia (BorR’s
‘‘ case, 5th June, 1878, Indisch Weekblad van het Regt, No. 784) admits as
‘fan extenuating circumstance the fact that the Ordinance is incomplete
‘‘and bad, and that this has greatly contributed to the commission of acts
‘‘ of violence. See the splendid reports of M. van Duissez on the private
‘“‘lands of the East of Java, printed by the Society of Industry and Agri-
‘* culture, Batavia, 1878.”

+ “ For instance, the present regency of Probolingo in the beginning of
‘“‘ the century.”

} ‘‘ Sukabumi, for instance.”

§ ‘* At the time of the passing of the Regulation for the Government of
‘‘ Netherlands India, article 77 of which commences as follows :—‘ No one
‘“‘ “may be dispossessed of his property, except, in the public interest, in the
‘‘ “manner laid down by a general legislative act, and in consideration of
‘« ‘preliminary indemnification.’ ”

MALAY LAND TENURE. 97

“ enormous wrong against which no law could give a guaran-
““ tee except that provided by Article 24, para. 1, of the Re-
“ sulation for the Conduct of the Government, which forbids
“ the Governor-General to sacrifice on his own authority the
“important principles of administration.

« Let us admit that an express allusion would have settled
“the matter better. There is nothing now to prevent, if not
“ the Governor-General, at all events the King, from discover-
“ing some fine day that the dispossession of the ‘ lords of the
“ soil’? * would be in the public interest, especially since a
“ good many people are already of that opinion.

“ But let these gentry be re-assured: for many years to
“ come the government of India will not be able to afford the
“ immense sums + which such a measure would require, even if
“ there should be found at the head of this government a man
“bold enough to undertake it.”

Cuaprer LV.
THE METHOD OF COLLECTING THE TENTH.

The exaction of a tithe of the produce of land is by no means
an universal tax in Malay States. In those States which are
governed by Rajas, there are also hereditary chiefs who inter-
cept most of the revenue of particular districts, and in small
quasi-republics like the Negri Sambilan taxation is practically
unknown. The only purely Malay province in which I have
personally seen the tenth of the grain collected by a native

* « Tandheer in Dutch; Tuan tanah in Malay.”

+ ‘‘ We are reminded that one of the estates of the Residency of Krawang
‘‘ has been encumbered (to prevent a partition, we believe) with a mortgage
‘*-of six millions of florins. However, we are not competent to say what is
‘‘ the value of lands of this kind. All that we know is that they pay well —
‘‘ worked by an European; a little lessin the hands of a native farmer ;
‘‘ enormously farmed out to a Chinaman,”

98 MALAY LAND TENURE,

Government is the Krian province in Perak. Before 1874, the
coast district lying between the Krian river-and Pasir Gedabu
was regarded as a personal estate of the reigning Sultan. It
contains an extensive area of very fertile paddy-land, cultivat-
ed chiefly by Malays of Penang and Province Wellesley, who
used in former times to live principally in the British Settle-
ments, giving across to Krian during the padi season and re-
moving their grain, when harvested, to their homes by the sea.
The fact that most of the padi was taken out of the country in
this way made it easy to collect the tax at the time of export, and.
at the time I speak of (1874), the headman upon each creek
exacted, instead of an assessed tenth, a fixed tax of thirty gan-
tangs of padi for every orlong cultivated, in money or kind,
before a land-owner was allowed to export his grain to British
territory. Those who lived permanently in Krian and did not
export their padi had to settle with the Penghulu at the same
rate. He kept a roll of the cultivators in his district, and esti-
mated roughly, or by actual measurement, the area cultivated
by each.

The inhabitants of this district paid also a capitation tax of
$2.25 per family, or $1.123 per every unmarried male adult.

These taxes were not levied in Perak proper, first, because it
is not a great grain-producing country, and taxation would
have discouraged cultivators and caused them to abandon culti-
vation for mining—the principal industry of the State ; secondly,
because the inhabitants of Perak proper were always available
for the performance of forced services of all kinds, whereas the
cultivators of Krian were a shifting population who spent most
of their time in British territory.

It is evident that the Krian system of collection at the time
of export is one not suited to a country in which the grain
produced is intended for local consumption. It is not clear
how the tithe of the produce of the Naning rice-fields, which,
by an agreement made in 1644, became payable to the Dutch
Government at Malacca,* was intended to be collected. It
may have been levied upon cargoes coming down the river,
but more probably it was never effectually exacted. In Kedah,
following the Siamese custom, the practice seems to have been

* NEWBOLD, I, 203,

MALAY LAND TENURE. 99

to require the cultivator, under fear of punishment, to deliver
the tax in moncy or kind at a certain place. “ Grain-holders

- “were forced to deliver the rice into the Raja’s granaries

“at the price he chose to fix on it, which always left him a
“ profit of about 20 per cent., nor could they sell grain without
““ special permission.’’*

The method of levying the tenth on the rice-crops in Malacca
is thus described by Newsotp:+ “ When the grain isripe, a
“person on the part of the Government visits the rice-fields,
“attended by the owner, the Panghulu, or Mata-Mata, of the
“village and several of the oldest inhabitants, on the spot, in
“order to agree upon and assess the value of the crop. A dif-
“ference of opinion will naturally sometimes arise between the
“taxer and the taxed. This is submitted to the arbitration of
“the Panghulu and the village elders. But should these persons
“again assess the crop at a lower value than the Collector’s
“‘agent really thinks it worth, the latter has still the resource of
“offermg to purchase the whole of the crop on the part of
“Government, at a price according to the owner’s valuation.
“This proposal, whenever made, has been, I believe, invariably
“refused. It is not, therefore, improbable, all circumstances
“considered, that not more than seven or eight per cent., at the
“most, ever finds its way into the Company’s godowns. The
“tenth in kind on paddy is sold, whenever a good price can be
“ procured for it, on thespot, and the proceeds lodged in the
“Treasury. The tenth on the other articles of land produce is
“Jevied at tolls placed at the entrances into Naning from Malac-
“ca, and there immediately sold.”

This account describes a purely native procedure, for, fifty
years ago, when Newsoup wrote, just as at the present time
(1884), no mode of collecting the tenth was provided by law.
The absence of legal powers to punish the evasion of the well-
known customary regulations does not, however, seem to have
prevented the collectors from using their position as oppres-
sively in a British possession as in a Native State.

* Low— Dissertation, p. 7.

+ Id., p. 261.

t Correspondence relating to the Land Revenue System of the Straits Settle-
ments, 1837-44, p. 61.

100 MALAY LAND TENURE.

Sir Emerson TrenNENT, in his account of Ceylon, though he
describes the manner in which the tenth is collected there under
British Colonial rule,* does. not state how, if at all, this varies
from the practice which obtained under the native administra-
tion, but I find a very full description of the collection of a
tithe on grain in an Asiatic kingdom in Moura’s Le Royaume
de Cambodge, which is interesting as shewing the extreme
elaborateness of the procedure found necessary. It is instruc-
tive to compare the published descriptions of the efforts made
during the last fifty or sixty years to collect the Malacca land
revenue, one long history of want of knowledge on one side,
and fraud and evasion on the other, shewing ‘ how cruelly the
“subject has been neglected and mismanaged,” + with what this
author is able to state as regards Cambodia, “no difficulty or
“delay is ever experienced in getting in this tax ” !

“The rice-harvest is gathered between November and January,
according to the forwardness of the crops. Towards the
month of January, the King sends out into each province an
envoy, who is the bearer of a royal order conferring on him
the right of estimating the rice-crops realised by the owners,
and of deciding the portion due to the State, that is to say,
a tenth of the gross produce. The envoy is always ac-
companied on this mission by an agent of the Storekeeper-
general of Phnom Penh. They proceed together to the
province which has been assigned to them, and exhibit their
credentials to the Governor. On sight of the King’s seal,
the Governor prostrates himself three times; he at once
causes candles and joss-sticks to be lighted and places them
on the ground in front of him, and he then listens, lying on
his face, to the reading of the royal edict: He himself at
once draws up instructions to the various employés of his
province, so that the task of the envoys from the capital may
be facilitated everywhere and that the reception to which
they are entitled may be accorded to them. Lastly, the
Governor nominates from among the local authorities a third
delegate, who forms one, _ ew-officio, of the committee of
measurement. This delegate represents the interest of the

66

ce

* TENNENT’S Ceylon, II, 170.
| BLUNDELL—Journ. Ind. Arch., Il, 741.

MALAY LAND TENURE. 101

“ Governor, who gets one tenth of the share of rice which falls
Ero the State.”

“ Tn the villages they prepare beforehand great sa/as (halls)
for the shelter of the deputation, the members of which are
“ received at the border of his jurisdiction by the headman,
“who instals them in the quarters prepared for them. As
“ soon as they have settled down and are somewhat rested, the
“ headman of the village joins them and presents ‘ the cloth
“of the oath, a piece of cotton stuff five cubits long which is
“ accompanied by five coms (worth about forty centimes), a
- “ cock, as door-keeper of the sa/a, and lastly some fresh betel
“leaves and peeled areca-nuts. The headman _prostrates
“ himself before his offering, and the royal delegate solemnly
* reads out his instructions. This recital over, the headman
‘ swears to conduct himself in the matter as an honest func-
“ tionary and one anxious for the interests of the State, and
“not to lend assistance to any fraud calculated to withhold
“any portion of the crops of his district from the researches
* of the collectors.”

““ Next they proceed to examine, house by house, the heaps
*“ of rice ; these are valued, and against the name of the person
“ liable for the payment, there is entered on a register one-
“ tenth of the quantity found, representing the tax due to the
«« State ; this the proprietor himself is under the obligation of
“ conveying to the capital, together with a delivery order which
“the King’s envoy delivers to each cultivator before leaving
“ their house.”’

““ When the circuit is finished, the Committee return to the
“ chief town of the province, where three precisely identical
“ registers are drawn up recording their labours; one of these
“ registers is for the King, another is sent to the keeper of
“ the rice-granary, and the third remains in the hands of the
“ Governor. No difficulty or delay is ever experienced in
“ getting in this tax.”’

“* Rice which has been exported before the arrival of the
“€ collectors in the district has, of course, had to pay the tax of
“ one-tenth at the custom house, and the cultivator has nothing
“ to do but to shew the receipt of the custom-house officers.’’

“ Forest produce, such as cardamums, gutta-percha, bees’

102 . MALAY LAND TENURE.

‘* wax, etc., are taxed in a different manner. ‘The inhabitants
“‘ of the forest are required to work these articles; the law
“ prescribes what amount each family must furnish to the
“ State annually, and everything exceeding this is for themselves.
“ Timber is charged with a trifling duty when felled and after-
“wards with a tenth of its value on passing the custom
“ house.’”’*

It is almost incredible that the Colonial Government has
not got proper powers for collecting the tenth, but native cus-
tom is hardly sufficient warrant to enable Courts governed by
English law and practice to punish by fine and imprisonment
breaches of a purely native revenue system, which has not been
specially adopted by the Legislature. Governor FULLERTON,
in a minute dated the 18th May, 1829, asked: ‘‘ How are we
“ to regulate decisions at Malacca? There the sovereign right
“qs one-tenth of the produce; the Dutch made over the right
“to certain of the inhabitants more than 100 years ago. This
“ Government, by way of ensuring increase of cultivation and
“introduction of population, redeemed the right. How are
“we to levy the tenth if refused? The land tenures at Ma-
“ lacca bear no analogy or resemblance to any English tenure ;
“ yet by such they must, in case of doubt, be tried. Regula-
“ tions adapted to the case have indeed been sent to England,
“but until local legislation is applied, and the mode of admi-
“nistering justice better adapted to the circumstances of the
“place, it seems to me quite useless to attempt the realisation
“ of any revenue whatever.’ +

The problem is still unsolved, as the following extract from
an official report laid before the Legislative Council of the
Colony last year shews :— .

“The valuation of padi before the assessment of the Govern-
‘ment tenths seems to be carried on in a perfunctory way.
“The system is purely customary and its details have never
“been regulated by any law. When the padi in a district is
“yipe, a Clerk (Eurasian or Malay) is sent there. He visits
“the rice-fields with the Panghulu. A little of the padi is
“ cut and examined, and an estimate is formed of the probable

* MouRA—Le Loyaume de Caumbodge, I, 264.
+ House of Commons Papers, 320H., October, 1831.

MALAY LAND TENURE. 1038

“yield and what is the assessed tenth. These Clerks are
“ignorant, and the correctness of their returns is not checked
“in any way. They are entirely dependent upon the Pang-
“hulu for information as to the names of occupiers and the
“ extent of their cultivation. These may vary annually, for it
‘is the cultivator (not necessarily the proprietor, but possibly
“a tenant for the season only) who has to pay the tenth, and
“ only a portion of a given holding may be under cultivation.”

“When the Clerk has finished his assessment of a district,
“a copy of his return is made out in Malay and sent to the
“Panghulu. The latter collects the money from the ryots
“and pays it to the Land Office, receiving a commission of ten
“per cent. on the amounts collected. This procedure is sanc-
“tioned by custom only and not by law. There is no sum-
“mary method of punishing a cultivator who cuts his crop
“ before it has been assessed, or a Panghulu who fails to attend
“the valuation Clerk, or the Panghulu, or Clerk, who makes
“ a dishonest assessment or return.”’*

CHAPTER V.
SUB-TENANCY.

““ Persons,’ says the Malacca Code, “ who settle on the
“Jands or plantations of others, must obey the. orders of the
“proprietor, and if they oppose him, they may be fined ten
“ tahils and one paha. It isthe duty of all the dwellers on
“ the land to co-operate with the proprietor.”’

* Proceedings of the Legislative Council of the Straits Settlements for 1883,
p- 392,

104 MALAY LAND TENURE.

This passage indicates the existence of a class of sub-tenants
subordinate to a proprietor, and that the tenant right of these
people includes fixity of tenure may be gathered from the fact
that a refractory tenant is liable to fine only. There is no
hint of eviction. The peasant cultivator, or sub-tenant, who
enters into occupation of the land of another, with his consent
(unqualified as to time), acquires, therefore, a proprietary right.
subject to the right of the other to a share in the produce of
the land, and subject to the lability of being fined if he does
not obey his feudal superior.

Thus one proprietary right may spring up within another,
and this may go on ad infinitum ; in Bengal, since the permanent
settlement, as many as eighteen and twenty distinct rights may
sometimes be discoverable between the Zaminddr and cultiva-
tor. So among the Malays a man who, by his personal indus-
try, or by the co-operation of his family and slaves, or by
inheritance, finds himself in possession of more land than he
wishes to cultivate, can, by admitting sub-tenants, secure himself
an annual return, in kind, of grain or fruit, besides adding to
his importance by the acquisition of a number of neighbours
who are bound to recognise his superior proprietary rights and
to obey him on pain of fine. The first proprietor who, as was
stated at the outset, is bound to keep up continuous occupa-
tion or cultivation, performs this duty vicariously in the
persons of his sub-tenants, and they again, if they choose,
create fresh sub-tenancies on the same system.

‘If cultivation, or the payment of the tenth, ceases on the
part of the tenant for a period prescribed by custom (See supra
p. 77) his tenant right lapses.

This is the explanation of the decision in the case of Abdul-
latif v. Mahomed Meera Lebe tried in Malacca in 1829. The
plaintiff, who brought an action to recover possession of a piece
of land, was non-suited. Apparently he was a proprietor who
had admitted a sub-tenant on the customary agreement to pay
one-tenth of the produce, and he desired to regard this as a
tenancy terminable at the will of the proprietor. But the
Court upheld the right of the sub-tenant, or cultivator, to
fixity of tenure as long as the land was kept in cultivation and
the tenth paid. (See Appendix, ITI, p. xxxvi.)

MALAY LAND TENURE, 105

In this case, it was laid down, among other things, that
“ the owner of the soil * ( proprietor? ) may sell or otherwise
“ dispose of his interest without prejudice to the cultivator,
“and the cultivator vice versd.’’ This is, of course, quite con-
sistent with the existence of separate rights, but these are not
necessarily confined to two persons, the possessor of the first
proprietary right (whom, for convenience sake, I have hitherto
called the proprietor) and the cultivator, but there may inter-
vene any number of subordinate proprietary rights, one spring-
ing from within another.

Where a chief or royal favourite or some powerful individual
or family has obtained a grant from the Raja, or has usurped
the right of the Raja to levy tenths and taxes and to dispose
of abandoned land, a relationship between this superior proprie-
tor and the cultivator is established, which soon develops into a
system of tenancy, which is not readily distinguishable from that
just described. The tenant continues to be the proprietor of his
holding on fixed tenure, subject to the customary terms, while
the rights of the superior proprietor, be they the creation of
the Raja, or inherited, or the result of usurpation, become, in
course of time, so fixed and continuous as to favour the im-
pression that they include ownership of the soil. The position,
therefore, which the judgment in Abdullatif v. Mahomed
Meera Lebe discusses as existing between “ the owner of the
soil’? (see note at foot) and the cultivator, may be created
either by the admission of a tenant by a proprietor already
in possession or by the establishment of a proprietor over
the heads of cultivators already in possession. Ina Malay
State, the exercise of the rights of the superior proprietor are
hable to much fluctuation. The despotic power of the Raja
in petty Asiatic States is, of course, fatal to anything like

* With all deference, I conceive that the learned Recorder was in error
in using the term ‘owner of the soil.’ The first proprietor has really
only a proprietary right (unless, in Malacca, he has purchased the freehold
from the British Government), which depends upon continuous occupation
and payment of tenths to the Raja or Government, but, of course, in a district
where land is valuable, occupation is certain to be continuous and thus the
first proprietor comes to be regarded as the ‘‘owner of the soil,”

106 MALAY LAND TENURE.

security of rights of property * and everything depends upon
the personal energy and family influence of the person who
claims the superior rights. There will always be other candi-
dates for royal favour who will seek to supplant him in his
rights if they are profitable (the rights of minors are almost
certain to be invaded in this way), and the cultivator is always
anxious to be recognised as an independent proprietor. One
man will make good his right to receive tenths from a whole
district and to regard the cultivators as his tenants, while his
successor may, perhaps, on some show of opposition, tacitly
abandon all such claims and leave the cultivators to be recog-
nised in course of time as separate proprietors. All this is
quite inconsistent with any notion of ‘‘ ownership of the soil,”
though it is easy to see how a systematic and continuous ex-
ercise of proprietary rights would lead an English Court to
assume that such ownership existed. JI entirely repudiate the
theory of “ ownership of the soil” as incidental in any way to
the Malay system of land-tenure, and all the evidence shows
that the Dutch grantee in Malacca had simply the rights of a
Malay tuan tanah, such a one as I have described as being put
in by the Raja over the heads of the cultivators.

The right of the proprietor to require obedience from his
tenants raises a new question—the liability of the cultivator to
forced labour.

*« From the facts already adduced, regarding the state of landed tenures,
‘it will have appeared that the proprietary right to the soil is unquestion-
‘‘ ably vested in the Sovereign. This principle is so universally established,
‘‘and so frequently exercised, that it is almost superfiuous to offer any proof
‘‘ofit. Such is the fluctuation of landed property from the operation of
‘‘ this principle that there is not, perhaps, all over the country, at the present
‘‘ day, ten jwngs of land in the possession of the descendants of those who
‘‘ held them fifty, nay, thirty years ago. The actual effect of the prinaple
‘is, indeed, even more violent than we should be led at first sight to argue.
‘‘ The descendants of those who, no great number of years ago, were in
‘* affluence, holding the highest employments of the State, and, consequently,
‘‘important and valuable tracts of land, may now be seen not only not
‘‘ inheriting the possessions of their forefathers, but hardly enjoying the ~
‘‘ bare means of subsistence, and reduced to a level with the meanest of the
‘< people.” CrawFrurD— Report on Nature and Condition of Landed Tenures
under the Native Government of Java. Quoted by Rarrirs: Minute on Ad-
numistration of Java, p. 92.

MALAY LAND TENURE, 107
CuartTer VI.

THE LIABILITY OF THE CULTIVATOR TO
FORCED SERVICE.

Ina land regulation passed by the Governor in Council in the
Straits Settlements for the Settlement of Malacca (IX of 1830),
there occurs a clause which declares cultivators to be exempt
from forced labour. This regulation, if it ever had the force
of law, was repealed a few years afterwards, and none of the
Land Acts now in force in the Straits approach the subject
at all. Whether or not the liability to forced labour from
which Malacca cultivators were declared to be exempt in 1830,
still survives, though dormant, as one of the incidents of the
local customary tenure, is not a question of much importance
now, for there is little likelihood of any attempt being made
to enforce it on a large scale in a British Colony. But it is
clear that, if there had been no existing lability in 1830, there
would have been no necessity for special exemption. A code
of regulations for Penghulus, which the Dutch authorities
were about to introduce in Malacca just before the cession in
1825, contains a clause requiring the Penghulu to keep ail
roads in order and to call on the tenants to repair them. This,
too, assumes a pre-existing duty on the part of the tenants.

Mr. Furtzrtron, Governor of Penang and subsequently of
the incorporated Settlements (1824 to 1830), recorded that,
under the Dutch Government in Malacca, services were required.
and labour exacted, from the tenants ; that they were, in short,
kept in a state of vassalage and servitude quite inconsistent
with the encouragement of cultivation.*

The cultivator or tenant, who was thus liable to be required
to work for the Government or superior proprietor, was the
holder of the proprietary right which has already been described.
In Malay States, the liability still exists, and, for the com-
plete understanding of the ra‘iyat’s position, it is necessary
to ascertain, as nearly as possible, what is the extent of
his liability to forced service, how far it is an incident of his

* Journ, Ind, Arch., II, 740.

108 MALAY LAND TENURE.

tenure of his land, what is the mode of enforcing obedience,
and what is the penalty for contumacy: With the excep-
tion of the extract at the head of the preceding chapter, I
have met with no passage in Malay laws which affects these
questions; there is no written definition of the nature and
extent of the services which a Raja or Chief or superior pro-
prietor can exact from the cultivator. Ina Malay State, the
exaction of personal service from the ra‘iyat is hmited only by
the powers of endurance of the latter. The superior autho-
rity is obliged, from self-interest, to stop short of the point
at which oppression will compel the cultivator to abandon
his land and emigrate. But within this limit, the cultivator
may be required to give his Jabour in making roads, bridges,
drains, and other works of public utility, to tend elephants,
to pole boats, to carry letters and messages, to attend his
Chief when travelling, to cultivate his Chief’s fields as well
as his own, and to serve as a soldier when required.* Local
custom often regulates the kind of service exacted from the

* RAFFLES, writing to Lord Mryro in 1811 on the disadvantages of allow-
ing Siamese influence to preponderate in Kedah, thus describes the status of
the Siamese peasant :—‘‘ Both persons and property are at the command of
“the King, and, of course, at the command of his Officers in recession from
‘the lowest to the highest ; hence no man will rear. what he cannot call his
‘“own. Certain months are allowed the many to plant and reap their paddy:
‘‘ and this when stored is sacred and cannot be taken from their possession ;
‘‘ with this exception all the rest of their time, exertions, or acquirements
‘‘may be taken by the King or his Officers if soinclined.” Life of Raffles,
On

The Burman seems to be little better off :—

“Corvées and enforced duties of all kinds are frequent, and the men
‘selected for such service can only get off by furnishing a substitute or
“bribing the tithing-man. The King or some great man wants to build
“a pagoda, and orders are sent round to the various circles that they must
“furnish a regular supply of workers daily. The tack or myo-thoo-gyee
‘draws up a roster, and each man has to goto work for a certain number
‘“‘of days. Jf he fail to go, he is tied up to a post or a tree and gets a
“sound flogsing. Similar forced duties are the protection of the frontier
‘and the pursuit of daccits. Such work is particularly detested, tor the
‘men have to keep themselves supplicd with food, or get their friends to
‘bring it to them, and this is not always an easy matter. Besides, such
‘service may last an indefinite time.’ The Burman, his Life and Notions,
1882, II, 262. .

MALAY LAND TENURE. 109

cultivator in a particular district. Thus in Perak one district
used to supply the Raja with timber for building purposes,
while rattans and otber materials came from others; the peo-
ple of one locality used to furnish the musicians for the Raja’s
band, while another had to provide nurses and attendants for
his children.* Speaking of Kedah, Colonel Low says: “The
“ryot was obliged also to pay for keeping up bands of music
“and state elephants. His children were liable to be forcibly
“taken from him—the girls for the seraglio, and the youths for
“ public works or for war, where they got no pay and but pre-
‘carious supplies of food.’’t

Tennent describes “feudal service’ as prevailing in its
amplest details in the Hastern Provinee of Ceylon. ‘* Accord-
“ing to the custom of the country, the chief of the district
« directs its cultivation by the villagers ; they acknowledge his
“authority, and, so long as they live on the land, devote their
“whole time and labour to his service, receiving in return a
‘division of the grain, a share of the milk from his cattle, and
“the certainty of support in periods of famine and distress.
“Their houses, gardens and wells, though built, planted and
mdue by. themselves, are the Deo nenty of ve Chief, ve alone
“can dispose of them.’

“ These serfs, whilst they live on the and, are sae to
‘ perform every service for the lord of the soil, without pay ;
“they fence his gardens, cover his houses, carry his baggage,
“ nerform the work of coolies in balams (canoes), fish for him,
“act as his messengers; and when absent from his village,
“they must provide food for himself and servants. They

* «Tt would be in vain to pretend to render an account of all the wregular
contributions and requisitions to which a people are liable who labour under
‘‘the evils of arude and arbitrary Government. At festivals, at marriages
‘Cand births, whether in the family of the Sovereign or of the Chief who
‘‘ presides over them, the cultivators are called upon for contributions. In
‘‘ the transportation of public property, or the conveyance of the minions of
‘the court or its officers, in the repair or construction of roads, bridges,
‘‘and other public works, the services of the people are exacted unmerci-
“fully, and without thanks or reward.” CrawFurD—frst. Ind. Arch.,
PT, G9:

+ Dissertation, p. 7.

110 MALAY LAND TENURE.

“may, in fact, be called his slaves, except that they are at
“liberty to quit his service for that of another chief when
“they choose. But as they seldom do change, it may safely
“be presumed that they are contented with the arrangement,
“and their healthy and pleasant faces sufficiently prove that
“they are well-fed and happy.” *

Forced service in a Malay State, too, is not merely the result
of the application of the law of the stronger ; it is well under-
stood to be an incident of the lot of the cultivator of land, he
acquiesces in it as one of the conditions on which he holds his
fields, and he usually submits quietly to the orders of his supe-
riors until they reach the pitch of oppression at which he
decides that emigration is preferable to slavery. He knows
that, by emigrating, he will forfeit his land, and in fact it is at
once seized by the Penghulu and held for the Raja.

The cultivator may perhaps receive forgiveness and the re-
stitution of his fields if he returns and submits at some later
time, but he will probably have to pay a fine if he is known to
possess the means of doing so.

No incident of native rule has contributed so much to swell
the Malay population of Penang and Province Wellesley as
this. Kedah has been half denuded of its inhabitants, and
Patani, Perlis, Situl, Trang, etc., have contributed numbers of
emigrants anxious to escape the unjust exactions of native
rulers. But when the system is worked with justice and
moderation, there are seldom complaints from the people. In
the Krian district of Perak, the people (many of them British
subjects), under the orders of the Orang Kaya Mantri, made
roads and canals without murmuring, and in the same district,
after its cession to the British Government, there was no diffi-
culty in turning out nearlya thousand men in 1874, to com-
mence clearing a line through the forest for a proposed road. F

The kérah, or forced levy of men for labour, is effected
through the headmen of villages or districts. A Penghulu
receives the orders of his Chief or Raja to have a certain num-
ber of men ready at a given time or place, and runs a risk of

* TENNENT’S Ceylon, II, 459.
+ Government Gazette, Feb, 6th, 1875.

MALAY LAND TENURE. 111

punishment or disgrace if he does not do so. He fines those
who disobey, and takes money from those who are able to pur-
chase exemption, so he contrives usually to make the incident
profitable to himself. The cultivator who has to leave his house
and his fields at this bidding, has to find his own tools and
food, which may involve the carrying of a heavy load to the
place of work, and a good deal of expense or privation. The
abolition of the cultivator’s lability for personal service in
Java* was one of the facts which KarriEs took into consi-
deration in deciding what proportion of his crop the cultivator
should pay to the State by way of land-revenue.t That
enlightened administrator was very far from thinking that
forced service, as one of the incidents of native tenure, was to
be abolished simply, without any consideration given to Gov-
ernment for the concession. It was never for a moment
doubted that the right of the Government to exact personal
service from the cultivator was inherent in the system under
which he held his lands, and the same holds good in Malay
countries also. The right of a Malay Raja or Chief to order his
feudal inferior to perform reasonable services is indisputable,
and the surrender of such a right is a perfectly legitimate
consideration for demanding an enhanced land revenue or
other equivalent.

——_————=—__— ——————— —_

«« The system of vassalage and forced deliveries has been abolished gene-
“rally throughout the Island.” Proclamation by Licut.-Governor of Java,
October 15th, 1813.

t ‘On mature consideration, and the best advice within my reach, I con-
“ceived that a fair equivalent for them, including the acknowledged Govern-
“ment share of the crop, the amount paid in personal taxes and on the inter-
“nal trade, and the value of forced services, might be found, one district with
“another, in establishing the Government share, at about two-fifths of the
“ rice-crop, leaving the second crop and the fruit-trees and gardens attached to
“the villages, free from assessment, the cultivator free from personel taxes,
“andthe inland trade unrestricted and untaxed.” RAFFLES’ Minute on Java,
137.

“The peasant was subject to gross oppression and undefined exaction; our
“object was to remove his oppressor, and to limit demand to a fixed and rea-
“sonable rate of contribution. He was liable to restraints on the freedom of
‘inland trade, to personal services and forced contingents: our object was to
“commute them all fora fixed and well-known contribution.” History of
Jaya, I, 154. .

113 MALAY LAND TENURE.

With the kérah system as practised in Malay States, it is
interesting to compare the state of things which the English
found in Java seventy years ago. A Dutch Commissioner,
reporting on the province of Sourabaya in 1812, wrote as fol-
lows :— ; |

“The feudal service was as grievous as almost all the other
“charges united. The origin of those services must be sought
“for in the feudal system of the native Government long ago
“adopted throughout Java. It was considered that all the land
‘““was the property of the prince, who only made provisional
“assignments thereof to his subjects, in remuneration for mili--
“tary and other services rendered. ‘This was the cause of all
“the lands being divided into as many allotments as could be
“cultivated, called chdchas, each of a size to be cultivated by
‘one man. A certain number cf these was assigned to the dif-
“ferent chiefs, according to his rank ; the custom of the country
“fixing not only the amount of contributions to be paid from
“the produce, but the number of men to be constantly kept in
“attendance upon him. The lands thus assigned to chiefs were
“exempt from service to them, and the inhabitants were only
“expected to watch the villages, to make and repair the roads,
“and to perform other general services of the State. ‘This
“‘was the situation of the people with regard to service, when
“the coast districts were first ceded to the Huropean Govern-
“ment. The system of trade and fixed contributions did not
“admit of any change, and the services were at that time of
‘very little consequence, and such as could be performed
“without oppression to the inhabitants; but the case is now
“quite different. Successively, and particularly of late years,
“much heavier services have been demanded than were ever
“before known, and it naturally follows, that the Javan must
“be kept more at work than before. Besides, it is not possi-
“ble to apportion those services equally, on account of the
“situation of the places where the services are required, and
** because the chiefs, who have the direction of the works, from
“indifference or laziness, generally make a requisition on the
“ nearest village; and it not unfrequently happens, that many
“‘ people are thus taken for the public service, who have no lands
“‘ whatever allotted to them.”’

MALAY LAND TENURE. 113

“Were the requisitions made for the public service alone,
“it would still be comparatively nothing, it being admitted
“that the State has a right to the labour of its subjects, but
“the Regents, their relations, their Patehs, and the subordi-
“ nate Chiefs of every description, assume the right of disposing
“of the services of the common people as they think proper,
“and themselves employ many of them in menial labour of all
“descriptions, from which it arises that the number of people
“employed away from their houses on what is called public
“services is almost incredible.”

Forced labour is naturally hated by Malays and is evaded as
much as possible. ‘Travelling in the interior of Kedah, I have
seen the Malay peasant running from his fields into the jungle
at the sight of the Raja’s elephauts, lest he sould be called
upon to form one of the train. In Perak, the establishment of
British influence has Ted to a general “strike” on the part
of the peasantry against the system to which they formerly
submitted peacefully. A Malay Raja in Perak, who in 1876
was able to supply me with the men of two or three villages
in order to convey the baggage and stores of a detachment of
troops from Blanja to Kinta, now finds it dificult to procure
men to pole his own boat without paying them. Men required
to perform work for the Government of the State, as at present
constituted, are scrupulously paid, or provided with ample
rations. In Malacca, the corvée system has never been exer-
cised under British rule, though it is, no doubt, an incident of
native tenure, and, unless surrendered by Government for a
money equivalent, might very reasonably be exacted for such
purely local objects as repairing the dams and other native
irigation works which are necessary for the successful cultiva-
tion of the fields of a village or district,* building a bale:

* Compulsory labour was formerly an institution in Ceylon also :—‘ Another
“institution to the influence and operation of which the country was indebted
“for the construction of the works which diffused plenty throughout every
“region, was the system of Raja-kariya, by which the King had a right to
“employ, for public purposes, the compulsory labour of the inhabitants. To
“what extent this was capable of exaction, or under what safeguards it was
“enforced in early times, does not appear from the historical books. But on
« all occasions when tanks were to be formed or canals cut for irrigation, the
« Mahawanso alludes almost in words of course—to the application of Raja-

“«kariya for their construction, the people being summoned to the task by
«beat of drum.” TENNENT’S Ceylon, I, 427.

114 MALAY LAND TENURE.

or place of business for the use of the headman and elders of
the village, keeping pathways clear of jungle, etc., etc.*
But no words can be too strong to condemn the exactions
of Malay Rajas, Chiefs and their followers in respect of
the family and personal property of the cultivator, which may
affect any of his possessions, from his daughter to the vegeta-
bles growing in his garden.t The goats, fowls, fruit, crops, ete.,
of the unfortunate peasant whose hut and land are on the route
followed by a Raja on his journey, are, under a native Govern-
ment, at the mercy of his rapacious followers; gajah Jlalu
orang buat layu, “the elephant passes by, but men bring

* So, in England, the oath of fealty is still an incident of the tenure of cer-
tain estates in land, though seldom or never exacted in practice.

+ “ The proprietors of the pusakas have also a claim to the services of the cul-
‘“tivators; a certain number of them are always in attendance at the houses
‘of their Chiefs, and on journeys are employed in carrying their persons and
“paggage. The lands not pusaka used to pay the same proportion of produce
“to the Sultan as the others did to the proprietors; but the cultivators of the
“royal dominions laboured under greater disadvantages than the others.
“Every Chief or favourite about Court had authority to employ them in the
‘‘most menial offices, and Chiefs possessing pusakas often spared their own
“people, and employed the others. Report on Bantam-—RA¥FFLES’ History of
Java, I, 150.

“Tt may be very desirable that I should mention a few of the oppressions
“from which it is the object of the present system to relieve the people. I
“ cannot but consider the greatest of these—the extent of the personal service
“demanded not only by the Zumunggong and his family, but the Mantris and
‘all the petty Chiefs, who had trains of followers that received no stipendiary ©
“yecompense. These added to the individuals employed in the coffee-planta-
“tions (to which they appear peculiarly averse), in beating out rice for the
“contingent, in cutting grass for and attending the jayang sekars (native
‘“ militia), post carriage and letter-carricrs, may be calculated to have em-
“ ployed one-fifth of the male population of the working men. Another great
“source of exaction was the large unwieldy establishment of jayang sekars,
“ and police officers; the former were liberally paid, the latter had no regular
“emoluments. Both these classes, however, quartered themselves freely in
‘ whatever part of the country their functions demanded their attendance.
“This was equally the case with any of the Regent’s family or petty Chiefs
‘‘ who travelled for pleasure or on duty. Whatever was required for themselves
* and their followers, was taken from the poor inhabitants who have now been
“so long accustomed to such practices that they never dare to complain or to
“yvemonstrate. The European authority did not escape the taint of corruption.
‘Monopolies, unpaid services, licences, forced or at least expected presents,
‘‘were but too common even in the best times, and must have contributed to
“estrange the affections and respect of the natives from that power which
“should have afforded them protection.”’ Report on Pasiruan—Id.

MALAY LAND TENURE. 115

a blight,” is a significant saying in Perak and sufficiently
denotes the effect of royal progresses from the villager’s point
of view. The practice of the Malay peasant, which must be
well known to British officials who have worked in Malay
districts, of bringing some simple offering, such as a fowl
or two, or a basket of fruit or vegetables, when he presents
himself before his superior with some request or application,
has its origin in this custom. Such a present is expected in a
State under native Government, and a man has small chance
of a favourable hearing who comes empty-handed. It is satis-
factory to observe the gradual disappearance of the practice
of offering such presents, however trifling, for it is a testimony
of the general acceptance by the people of the fact that, far
from being expected or exacted, they are not even ee
undet British administration.

Before quitting the subject of forced service, it may be use-
ful to notice that Sir Sramrorp Rarrius maintained the right
of the renters of Government estates to require the cultivators
to perform certam duties, but he stipulated that in such case
they should be paid. The following paragraph occurs in his
minute of June 14th, 1813 :— _

“It will necessarily form a part of the arrangement to be
“ concluded, that the renters shall engage to keep the roads and
“bridges in repair (with the exception of the great military
“road) and also to furnish labourers, carriages, etc., when
“required for the public service; but I propose that, on these
“occasions, the persons so furnished be regularly paid for, at
“ the rate to be established in the leases of each district. This
“arrangement is, indeed, absolutely necessary if it were only
+o place in the hands of Government the means of checking
“the employment of people, on the various pretexts of official
“ establishment, on the public service. At present there exists
“no check; and as the people so furnished by the Regents,
“under the existing system, ought to be paid by a proportion of
“land, it follows either that they are not paid for their labour,
“or that the Regent is obliged to give up to them a portion of
“that land, from which he would derive a revenue, and for which,
“cat. is naturally to be expected, he will make a proportionate
“exaction elsewhere. As the whole lands will now be rented

116 MALAY LAND TENURE.

“indiscriminately, this fund ceases, and the additional land thus
“to be rented, instead of furnishing a fund for the payment of
“persons employed in the public service, will provide the source
“of Revenue from whence such persons will be paid, while the
‘examination of the public disbursements will effectually pre-
“vent unauthorised employment of individuals on the public
“ account.”’

In Java, it would appear from the following extract,* the
Dutch Government proceeds on the principle of requiring that
all labour which may be legally exacted should be paid for in
full :-—

‘“‘ Forced Labour.— Besides the ordinary day labourers, the
‘“‘Jandlord, whether Government or a private land-owner, is fur-
“ther entitled to require the cottiers on his estate to work for
“him as much as he pleases, but only on the condition of paying
“each man the highest agricultural wages of the district. This
“as the only real forced labour in Java, and the only point on
“ which the land-owner there has any but a strictly limited power
“over the cottier peasantry on his estate. The labour rentt
“extending all over the island causes no perceptible dissatisfac-
“tion, but the forced labour beyond the one-tenth excites bitter
“feelings if persisted in. Both the labour rent and the forced
“Jabour are applied, on private estates, to the cultivation of
“those crops which the landowner is growing on the spare land
“for his own profit, except so much of the labour as is required
“for the gardos, and for the maintenance of the roads near the
“estate, both which the landlords have to keep up from the
“labour rent.”

“The cottier peasant is carefully guarded from extortion by
“his landlord, but bound to pay his landlord’s share of the pro-
“duce of the land; his subordinate rights in his holding are
“protected, but kept subject to his landlord’s paramount right —
“to the soil ; and he is practically freed from oppression, though
“subject to have his labour utilized by his landlord. By these
““means the cottier tenant’s interests are secured, and he soon
‘becomes rich, from the large surplus produce of his holding
‘after paying his landlord’s one-fifth. By the same provisions

* MONEY’s Java, II, 219.
+ The obligation of the peasant to give one day’s gratuitous work in seven.

MALAY LAND TENURE. 17

“the land-owner is invested with sufficient power over his whole
“estate to enable him to turn the remainder of his land to the
“most profitable use it is fitted for. After having thus care-
“fully regulated the respective rights of landlord and tenant,
“the Dutch are wise enough to abstain from further interfer-
“ence, beyond seeing that the legal conditions are fulfilled. If
‘“‘a land-owner chooses to exact forced labour from his cottiers,
“and thereby to create discontent among them, the Dutch
“officials do not envenom this feeling by issuing injudicious
‘“‘ proclamations of abstract rights for the cottiers, or of remon-
“strance with the land-owner. They take care that the land-
“owner complies with the law, by paying the highest agricul-
“tural wages for such forced labour, and they meet the peasant’s

“complaint by saying that the land-owner is only exercising his

“right, in a manner of which he is sole judge, and that the cot-
“tiers must either submit or withdraw from the estate.”

Cuaprer VIII.
TRANSFER BY SALE AND MORTGAGE.

“ Land,’ says Marspen, “is so abundant in proportion to
“the population, that they (the Malays of Sumatra) scarcely

“ consider it as the subject of right, any more than the elements

“of air and water ; excepting so far as in speculation the prince
ao _ lays claim to the whole. The ground, however, on which a
“man plants or builds, with the consent of his neighbours,
“ becomes a species of nominal property, and 1s transfer able ;*

* In Burma, “all owners exercise the right of sale, lease, gift and mortgage,
“though sale outright is very seldom made. There appears to be an objection
“to it, which may almost be called religious, irrespective of the rights of
“heirs, which cannot be alienated ; and when land is sold by deed, it is gene-
‘“‘ rally expressed that the object of the purchaser is to build a pagoda or other
“yeligious edifice thereon. This is supposed to justify the sale. Rice land is
“occasionally let from year to year on verbal agreement, the tenant agreeing
“to pay ten per cent. of the produce.” Sir ARTHUR PHAYRE, before the.So-
ciety of Arts, May, 1881.

118 MALAY LAND TENURE.

“but as it costs him nothing, beside his labour, it is only the
“ produce which is esteemed of value, and the compensation he
“ receives is for this alone. A temporary usufruct is accordingly
“all that they attend to, and the price, in case of sale, 1s
“* generally ascertained by the cocoa-nut, durian, and other frutt-
“ trees that have been planted on it ; the buildings being for the
“ most part, but little durable. Whilst any of these subsist, the
“descendants of the planter may claim the ground, though it
“‘has been for yearsabandoned. If they are cut down, he may
‘recover damages; but if they have disappeared in the course
‘“‘ of nature the land reverts to the public.’’*

“In Celebes, in Bali, and in that ill-peopled portion of
“Java called the country of the Sundas, the cultivator is
“invested with a kind of proprietary right. By sufferance he
“ can bequeath, alienate, or mortgage his little tenement.’+

“ Among them (the Sundanese), private property in the soil
‘is generally established ; the cultivator can transmit his pos-
“session to his children. Among them it can be sub-divided
“without any interference on the part of a superior ; the posses-
“sor can sell his interest in it to others, and transfer it by gift
“ or covenant. He pays to his Chief a certain proportion of the
“ produce, in the same manner as the other inhabitants of
“Java; because in a country without trade or manufactures,
“labour or produce is the only shape in which he can contri-
“bute to support the necessary establishments of the commu-
“nity. So long as he advances this tribute, which is one-tenth
« oy one-fifth of the gross produce, he has an independent right
“tO mine occupancy of his land and the enjoy aren of the
‘* remaindey.’ ae os *

“The situation, however, of the cultivator in < 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 lable 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

* History of Sumatra, 244.
+ CRAWFURD—AHiist. Ind. Arch., III, 53.

MALAY LAND TENURE. 119

“ own soil, what is only the average recompense of labour
“ expended on the estate of another.” *

In the first of the above extracts, Marspren, with his usual
accuracy, describes the chief incidents of the land tenure of
the Malays, as they exist among the people of the Peninsula as
well as among those of Sumatra; and it is subsequently shewn
that among the Sundanese in the west of Java—a people who
in their customs and language bear a much nearer resemblance
to the Malays than do the people of any other part of Java—
those incidents which have relation to the alienation of land
are almost identical with those which obtain among the Ma-
lays. I am inclined to think that the superior permanency of
the tenure of the Sundanese, when compared with that of the
Javanese, is to be accounted for by a Malay origin, and that it
is unnecessary to argue, with RarFr ks, that it is a mere’survival
in a remote district of a more liberal system, which once pre-
vailed generally in the island, but which was destroyed by the
rapacity of Muhammadan sovereigns. Malays, too, have had ~
for centuries Muhammadan Rajas, not less given to encroach-
ment upon the rights of individuals than those of Java; yet
the Malay peasant has retaied his proprietary right, and I
believe that, both in Malay countries and in Sunda, this has
been due to a national feeling or instinct on this subject, not to
be found among the Javanese, who, under native rule, were serfs
without proprietary interest in the land which they cultivated.

The power of alienation is one of the most important pri-
vileges connected with land that a land-holder can exercise,
but it is only the result of an advanced and liberal recognition
on the part of the governing power, of the rights of the sub-
ject. It must not be forgotten that, even in England, it was
not until the Statute of Quia emptores was passed, in the reign
of Epwarp I, that tenants in fee simple obtained the right of
alienating their lands at their pleasure, and that the right of
devising lands by will only dates from the reign of Henry

ELT. +

* RAFFLES—History of Java, I, 140.

+ “We are too apt to forget that property in land as a transferable, mar-
“ketable commodity, absolutely owned and passing from hand to hand like
“any chattel, is not an ancient institution, but a modern development reach-
“ed only in a few very advanced countries. In the greater part of the world,

120 MALAY LAND TENURE.

‘It is not to be expected that among the Malays the system
of alienation, or the effect of a transfer, should quite corres-
pond with any European system, and it is necessary to be cau-
tious in supposing that when land in a Malay State is said to
have been bought or sold, the transaction has been similar to
the purchase or sale of land in British territory, either in the
mode in which it has been conducted, or in its practical opera-
tion. CRAWFURD, it will have been noticed, says that the Sun-
danese cultivator is allowed to alienate his land “ by suffer-
ance ;” and Marspen points out that the usufruct is all that a
Malay has and all that he can dispose of.

When Captain Low, in describing land tenure in Kedah,
says that land granted by the Raja “ could not be alienated ” *
it must not be supposed that the right of occupancy could not
in general be the subject of a bargain there. Captain Low
quotes extracts from the Undang-Undang Kedah (Laws of
Kedah) in which occur the two following sections :—

““ When a garden is to be sold, the trees are to be estimated
“at + of a dollar each and the amount will be the price of the
“and.2?

“What the Raja has given no one can take away, nor can
“any one sell land so given without the Raja’s concurrence.” +

The first of these rules exactly coincides with what Marspen
describes, as regards the interest in the land which passes by
sale in Sumatra, and with Rarriss’ estimate of what the Sun-
danese peasant has a right to expect on the surrender of his

“the right of cultivating particular portions of the earth is rather a privi-
‘‘leve than a property—a privilege first of the whole people, then of a parti-
“cular tribe or a particular village community, and finally of particular
“ individual of the community.” Sir GEORGE CAMPBELL on Indian Land
“Tenures (Cobden ClubPapers ).

*See supra, p. 79.

+ “Powerful as the Zaminddr became in managing the land, in grasping and
‘in ousting, he had no power (in Bengal before 1793) of alienating his
“estate; he could not raise money on it by mortgage, nor sell the whole or
“any part of it. This clearly appears from a proclamation issued on Ist
“ August, 1786; the illegal practice of ‘alienating revenue lands’ is complained
“of; ‘the gentlemen appointed to superintend’ the various districts are
“invited zealously to prevent the ‘commission of the offence;’ and the Z4-
“ minddr, Chaudhari, Talugddr, or other land-holder who disobeys, is threatened
‘with dispossession from his lands.” Land Revenue and Land Tenures of
India.—BADEN-POWELL, p. 221.

MALAY LAND TENURE. 121

proprietary right to a transferee. It may be clearly laid down
that the Malay cultivator can transfer only the interest in the
land which he himself possesses ; that that interest, as already
shewn, is merely a permanent and inheritable right of occu-
pation, conditional on the continuous occupation of the land
on the payment of tenths and taxes, and on the rendering of
certain customary services; and that the price to be paid has
no reference to the value of the land itself (for, in a primitive
state of society, that has little intrinsic value), but is calculated,
if garden land, by estimating the value of the fruit-trees, or, if
padi land, by assessing at a reasonable sum the probable value
of the labour bestowed by the first cultivator in clearing the
forest and bringing the field into cultivation.

I have had opportunities of observing the Malay customs
relating to the sale and mortgage of land in operation in
purely native districts, having been deputed in 1874 to take
over the territory on the left bank of the Krian river, then
recently ceded by Perak to the British Government, and having
since then served for some years as Assistant Resident in the
Native State of Perak. I am, therefore, able to speak with
some confidence upon the laws and customs which have come
under my personal observation in actual practice.

The technical term used in Perak for the transfer of land
by sale is pulang bélanja (return of expenses), which sufficient-
ly indicates that the money paid is not a price set upon the
land itself, but the recoupment of the outlay incurred by the
vendor in bringing it mto cultivation. The new proprietor,
in fact, does not buy the land ; he simply buys out the occupier
by compensating him for his labour, that being the factor
which originally created -the tenancy, and thus obtains the
right to standin his place. It is manifest that he will not
pay a long price for a mere right of occupancy weighted by
the incidents and liabilities above described; in Krian, in
1874, it was difficult to get ten dollars an or/ong for excellent
padi land by pulang bélanja, but when security of tenure and
the full right of alienation of the soil were introduced in the
district by the British Government, it became possible to sell
the same land for $60 or $70 an oriong. |

So in the case of land on which fruit-trees are growing.

122 MALAY LAND TENURE.

Not long after the Pérak war it became necessary to acquire
the piece of land at Kuala Kangsa, in Perak, on which the
British Residency now stands. The bargain was effected in
strict accordance with Malay law, and the sum which was paid
was calculated as the value of the fruit-trees and houses stand-
ing on the land. It was clearly understood on both sides that
the soil was vested in the State, and that all that the proprie-
tor could dispose of was the proprietary right; the transaction
was Strictly one of pulang bélanja. Speaking of this purchase
to Raja Muda Yusur at Sayong soon afterwards, I was asked by
him in a pointed manner whether the late proprietor had sold
me the land ; the explanation that the proprietor had merely
been compensated for her interest in the land, namely, her
trees and houses, quite satisfied him and others that Malay
custom had been observed, and that the rights of the Raja or
State had not been invaded by an undue claim, on the part of
a subject, to the soil. This principle has always been recog-
nised in all sales of land in Malay districts in Perak which
have come under my notice. But the Malay cultivator is
always ready to claim from British officers, whom he may think
likely to be ignorant of the real conditions of native land
tenure, a larger interest than Malay law gives him, in fact, as
large an interest as can be conceded. ‘The official who hears the
words “sell” (jwal) and “ buy ’’ ( déli ) used in connection with
the transfer of land under native tenure, is apt to conclude that
a title to the soil has been passed by the transaction, and he
very possibly recognises, or allows to be recognised in a general
way, this view of the matter, and so people get to believe, or
are allowed to assert, that their position in respect to the State
is something quite different from what it reallyis. This, though
it may cause embarrasment in administering the land-revenue
of a district, cannot, of course, affect the legal status of the cul-
tivator, for ignorant administration of the law does not alter
the law itself. Nothing can be more certain than the fact
that no subject in a Malay State can lawfully claim to hold
any property in land approaching our freehold or fee simple
tenure.

As the Malay pulang bélanja differs widely from our idea of
a sale of land, so the sual janji (conditional sale), the only

MALAY LAND TENURE, 128

form of hypothecation of land known to Malay law, is, in its
principal incidents, quite unlike our mortgage of real pro-
perty. *

The Malay who raises money on his holding by the transac-
tion called sual janji, sells his proprietary right for a sum then
and there advanced to him, and surrenders the land to the
vendee, coupling, however, the transfer with the condition
that if, at any time, or within a certain time, he shall repay to
the vendee the sum so advanced, he (the vendor) shall be enti-
tled to take back his land. This transaction differs from our
mortgage in the facts:—(1) that no property in the soil passes,
but merely the proprietary right ; (2) that possession is actually
siven to the person who advances the money.

It frequently happens that the conditional vendor (the
debtor) wishes to retain possession of the land during the
period of his indebtedness, and, if so, this is arranged by his
becoming the tenant of the conditional vendee (the creditor).
The rent in money or kind which he pays, or which some other
tenant pays if the land is not let to the conditional vendor, or
the profit which the conditional vendee derives from cultivating
the iand himself if he does not let it, takes the place of in-
terest, which is not charged, usury being condemned by
Muhammadan law.

If a term is mentioned within which the money must be
repaid, and the condition of repayment is not fulfilled within
the appointed period, the sale becomes absolute (putus) and
the vendee takes the full rights of proprietorship. But even

*In China, “a mortgagee must actually enter into possession of the pro-
“perty and make himself personally responsible for the payment of the taxes,
“before his mortgage is valid: unless explicitly stated, the land can be re-
“deemed at any time within thirty years on payment of the original sum.
“ Secs. 90 to 100 of the Code contain the laws relating to this subject, some
“of which bear a resemblance to those established among the Hebrews and
“intended to secure a similar object of retaining the land in the same class
“ or tribe.”— The Middle Kingdom, WILLIAMS, IT, 100.

“Land under Burman rule was never sold in the usual acceptation of the
“term. It was frequently conveyed for a price from one person to another,
* and though the transaction was styled a sale, and nota mortgage, it was fully
“understood that the vendor retained a right to repurchase the land at
“any time he liked, and that the emptor could not re-sell the land without
“the consent of the original vendor.”— British Burma Gazetteer, Vol. I, p. 438

124 MALAY LAND TENURE,

then the payment of the money at some later time would, in
most cases, be sufficient to enable the conditional vendor to
regain his land from a stranger under purely native rule. If
no term is fixed, the money may be paid at any time, but
until it is paid, the conditional vendee is entitled to retain
possession of the land and to cultivate it, or let it, at his
pleasure. A shortdocument is generally drawn up in evidence
of the transaction, but these are often so loosely or informally —
worded that the proof of the existence of the condition rests
principally upon the good faith of the parties. Sometimes ~
there is no written agreement at all.

Transactions of this nature necessarily led to the investiga-
tions of many disputed claims when the rights of the native
land-holders in Krian were being settled (see supra, p. 121).
The rise in the value of land occasioned by the establishment
of British rule resulted in a general rush for possession, men
who had long since sold their fields by pulang bélanja coming
forward to declare that the sale was merely conditional, while
in other instances conditional vendees in possession were equal-
ly ready to declare that the transaction which gave them their
right was jual putus, an absolute sale, not jwal yanji, a condi-
tional one.

The native laws contain some curious provisions on the sub-
ject of hypothecation, a specimen of which relating to real
property may be consulted in the Appendix, p. xv. Im all,
the peculiar principle of the Malay mortgage, namely, the
handing over to the creditor of the property on which the
money is advanced, is fully recognised.

Cuapter VIII.
INHERITANCE.
Among the Malays, the distribution of the property of

deceased persons is governed either by Muhammadan law, or
by national custom, or partly by one and partly by the other,

MALAY LAND TENURE. 125

e.g., the real property by customary law and the personal pro-
perty by Muhammadan law.

There are Malay treatises on the Muhammadan law of inhe-
ritance (faraiz*), in accordance with the rules of which it is
common to apportion the estate of an intestate. But there are
reasons which often make it clear to the Malay mind that land
is a species of property, the transmission of which should be
in accordance with the national customary law ( hukwm ‘adat )
rather than with that of the Koran (hukum shar‘a). For
instance, the wife of a Malay cultivator will generally share in
the toil of cultivation; indeed the planting and reaping of
paddy is performed almost entirely by women, although the
ploughing and harrowing fall to the lot of the men. In res-
pect, therefore, of the crop, which is harvested as the result of
these joint labours, the husband and wife are co-partners
(sharikat ) and this is often the case with regard to the land
itself. Under such circumstances, in case of the death of the
husband, it would be manifestly unjust to distribute the joint
property as his estate under Muhammadan law. The joint
property must be equally divided, and the share of the wife
having been allotted to her, the share of the deceased husband
may, if desired, be distributed in accordance with the Muham-
madan law of inheritance. This is only the rightful due of the
wife, who, properly speaking, is entitled to be maintained by her
husband in a manner befitting his station in life without per-
forming any labour.

I think that it will be generally found that, in the Malay
States, the property of the trading class—goods, merchandise,
shops, ships, &c.—are distributed according to Muhammadan
law, while the agricultural class cling with tenacity to their
old customs, and insist that their lands at least, and often the
whole of their property, shall descend in accordance with the
old Malay law which has come down to them from their fore-
_ fathers.

_ This customary law varies very much according to locality,
ee idual States having often regulations peculiar to them
alone.

* Gals, plural of 42,3, from (2 to cut. (Arabic.)-

126 MALAY LAND TENURE.

CRAWFURD mentions the subject very briefly :—‘‘ Where
“there is a right of private property in land, or at least the
“usufruct of it, there is generally a community of goods
“among the members of a family. It is held in the name of
“the father or elder male of the family, and hence, by the
“customs of the greater number of. the tribes, the father, or
“nearest of kin, is answerable for the debts of all the mem-
‘bers of a family. I can nowhere discover in any of the
“collections of native laws which have fallen into my hands,
“that the right of devising property by will had any existence
‘among the tribes of the Indian Islands.’’*

This recognition of a superior right in the eldest maie of a
family aud the tendency of the Malays to confine the right of
succession to land to the tribe to which the deceased owner
belonged, is found in the law of the Chinese also: “ The
“paternal estate and the houses upon it descend to the
“eldest son, but his brothers can remain upon it with their
‘‘familics, and devise their portion in perpetuo to their chil-
“dren, or an amicable composition can be made ; daughters
‘“never inherit, nor can an adopted son of another clan suc-
ceed” 4

MarsDEN, writing of the law of inheritance among the peo-
ple of Pasummah in Sumatra, says :

“Tf a person dies having children, these inherit his effects
“in equal portions and become answerable for the debts of the
“deceased. If any of his brothers survive, they may be per-
“mitted to share with their nephews, but rather as a matter
“of courtesy than right and only when the effects of the
“deecascd devolved to him from his father cr grandfather. If
“he was a man of rank, it is common for the son who succeeds
“lim in title to have a larger share. This succession is not
‘““confincd to the cldest born, but depends much on private
“agrecment in the family. If the deceased person leaves no
“\andred bchind him, the tribe to which he belonged shall
“inherit his effects and be answerable for his debts.” t

* CRAWFURD—WHist. Ind. Arch., III, 98.
+ WILLIAMS— The Middle Kingdom, II, 100.
t Hist. of Sumatra, p. 230, (8rd Ed.).

MALAY LAND TENURE. 127

According to the Menangkabau law of inheritance, the
nephew on the sister’s side becomes heir to his uncle’s pro-
perty to the exclusion of the son of the latter. The tradition
which accounts for this simgular regulation is to be found in
Newsonv’s work on the Straits of Malacca, vol. II, p. 221.
A similar custom prevails in the Eastern Province of Ceylon
and in parts of India, and there is a Sinhalese legend, not
unlike the Malay one, explanatory of its origin.* This
custom is still observed in the district of Naning in the
interior of Malacca, and in Rambau, Sungei Ujong and the
Negri Sambilan. |

The Perak custom differs from this. In that State the lands
and houses of the deceased descend to his daughters equally,
while the sons divide the personal property. The latter are
supposed to be able to create landed estates for themselves, by
clearing and planting land which they may select, or, at all
events, to obtain the use of land by marrying women who may
have inherited it.

However, the more active of the Muhammadan priests and
mosque Officials, especially if they be foreigners and not Perak
Malays, endeavour, as far as they can, to get the Muhamma-
dan law of inheritance adopted, to the exclusion of the local
custom. The older men are more conservative. From infor-
mation supphed by an old Imam up the country, I learn that
the principle of distribution practised in his district is as fol-
lows :—

“Tf a man dies without children, leaving a widow, his pro-
“perty 1s divided between her and the waris of the deceased.
“If he leaves a wife and children, the property is, in the first
“anstance, dividcd into two equal shares, one of which goes to
“the waris of the deceased and the other is again sub-divided
‘‘into four parts, one of which (one-eighth of the whole )
“goes to the widow and the other three (three-eighths ) are
“divided among the children.”

“‘ If there are children of both sexes, the three-eighths above-
“mentioned are divided into four portions, of which three go

ee

* TENNENT’S Ceylon, II, 458.

128 MALAY LAND TENURE.

“to the son or sons, and the remaining one to the daughter or
“‘ daughters.”’

It will be apparent that there is very little genuine Muham-

madan law in all this. Under that system, the widow does
not get a half under any circumstances. It is-not clear who
are the waris, or heirs, who take one-half of an estate to the
exciusion of the widow and children. Perhaps it is meant
that one-half is set apart in the first place to meet funeral
expenses and the claims of persons entitled to share under
Muhammadan law, among whom the children would be in-
cluded. The same authority has supplied me with the follow-
ing note on the customary law of inheritance practised in parts
of Perak :—
. “Upon the death of a man possessed of property, his plan-
~ “tations, houses and padi-fields go to his daughters, while his
“other property, such as cattle, buffaloes, goats, elephants,
“ &c., are divided into four shares: three of these go to the
“sons and the fourth is devoted to the cost of the funeral
“feasts. If there is no land or house, the daughters share in
“the personal property equally with the sons.”

“‘If a woman who has inherited land or house property
“marries and then dies without leaving a child, the property
“goes to her waris and not to her husband. If she leaves
“issue, the inheritance goes to the child or children.”’

“ Property which has been acquired by the joimt earnings
‘of the husband and wife must, upon the death of either of
“them, be divided. 'The funeral expenses must be deducted
“before division. The remainder must be divided equally-in
“two shares, one of which goes to the survivor and the other
“ to the children or waris of the deceased.”

“ The shares of infant children are held in trust for them by
“ the waris of a deceased parent, until they come of age.”

The descent of landed property in Perak to the female issue
and its restitution to the family if an heiress dies childless,
illustrate in a striking manner the tribal instinct of the
Malays and the tendency to keep property in a particular
family, group or tribe.

Even the wild tribes of the Peninsula have their rules of
inheritance. Favre, writing of the Jakuns, says: “ After the

MALAY LAND TENURE, 129

“death of parents the whole of their property will be divided
“amongst all the children in equal parts.”’ *

In Siam, according to Colonel Low, + “the property of an
“intestate person, should he leave no legal heirs, escheats to
“the King, who generally contrvies to get a portion of the
“estate of every person deceased. Wills are written or made
“verbally, in the presence of competent witnesses ; and may
“not be confounded with alienation by gift. Real and per-
“sonal property may be willed and gifted away to any one,
“and, as hereditaments, descend to, and are without distinc-
“tion divided amongst, the heirs at law. The laws of inheri-
“tance are considered as applying chiefly to heads of families.
“Under this view, the property of a man deceased is divided
“into three portions. One goes to the parents and grand —
“yarents, one to the widow, and the third to the children
“and other relations on the man’s side according to priority.
-* But should the man not have cohabited so long as three
“vears with his wife, she will only receive one-third of a por-
“tion or part.’’

“The distribution of the property takes effect after the
“solemnization of the obsequies; and should a claimant,
“having the power and opportunity so to do, neglect to put
“in his claim previous to the termination of the obsequies, he
“ forfeits his right.’

‘A person claiming inheritance must personally appear ;
“substitutes being inadmissible. Heirs to property must
“assist at and bear their share of the charge for obsequies,
“ exceptions being made for those who cannot, from the nature
“ of circumstances, be present.”’

“ Before property is divided, the debts of the deceased are
“to be punctually paid, and competent witnesses must be pre-
“sent at the division. It does not appear that any distinction
“is drawn betwixt property of which a female may be pos-
“ sessed, and that left by a man: both are divided on similar
“principles. The eldest child, whether male or female, gets
“the largest share. Should the individual have no parents,

* Journ. Ind. Arch., II, 269.
+ Id., I, 344.

130 MALAY LAND TENURE.

“grandparents or great-grandparents living, then the portion,
“or one-third of the real and personal property which such
“persons would have otherwise taken is divided equally and
“added to the two remaining portions, the form of first sepa-
“yating the estate into three parts being always adhered to.
““The same principle regulates the division where there are no
‘““ claimants to either of the other two shares.”

With this description, and with the customs of the Malays
as to succession, it is interesting to compare the laws of another
Indo-Chinese kingdom—-Cambodir. I take the following
account from a recent French work :—* |

“Property in land does not exist in Cambodia, for, as is
“well known, the State is the absolute proprietor of the soil.
“Nevertheless, the enjoyment of lands is left to those who
“clear them and employ them for some specific cultivation,
“rice in particular. It happens also, sometimes, that the first
“occupiers are dispossessed without a word of warning, with-
“out the excuse of public interest and simply in order that
“some one may help himself to a field quite fit for cultiva-
stilomin?:

“The fortune of a Cambodian is composed of moveable and
““immoveable property, land excepted. Generally speak-
“ing, even the richest have not much money, but they own
“boats, elephants, horses, cattle, buffaloes, which they hire
“out; they have sometimes a large number of slaves whom
“they employ at home either on the products which they ecul-
“tivate or in all kinds of commercial and industrial underta-
“kings. Money is lent out at high rates of interest, but it is
‘liable to catastrophes.”’ |

“The goods of a Cambodian who dies a widower and with-
“out children, go all to the State, that is to the King. If he
“leaves daughters only, the Government takes half of the
“property and divides the other half among them. If they
“are of tender age, the goods are deposited with their grand-
“father who becomes their guardian.”’

‘When the Government is a creditor of the deceased, the
“ King causes the whole of the debt to be exacted first of all

\

—

* MourRA—Le Royaume de Cambodge, I, 347.

MALAY LAND TENURE. 1381

“ from the assets, and the balance, if any, is divided among the
heirs.”

“When the head of a family dies leaving several wives
“and several children, the child or children by whom he has
“been more exclusively nursed during his illness share the
“fortune according to the rank of their mother. For this
“purpose, the property is divided into seven parts; out of
“these, the son of the third wife has one, that of the second
“wife two, and that of the first, four. If these ladies have
“several children, the distribution is made, all the same,
“according to the proportion just mentioned. Children who
“are absent at the time of the sickness and death of their
“father lose a portion of their rights to the inheritance.”

“Tf there are no children, the first wife keeps all the goods
“and the family remains united. Were the second and third
“wife to wish to leave the house before the conclusion of the
“ mourning, that is to say, within three years, they would have
“the right to do so, but on the condition of renouncing their
“share of the inheritance. After the three years, if the
“widows separate, the property 1s divided among them accord-
“ing to the rule laid down for their children, when they have
“any, that is to say, the first has four shares, the second, two
“and the third, one.”

“The widows of the same husband may marry again after
“three years of mourning; the second and third have not
“got to pay anything to the State for this, but the first wife,
“if she marry again and be without children by her first hus-
“band, must first surrender half of her fortune for the benefit
“of the royal treasury. If she does not marry again the
“ Government takes the whole at her death.”

“ An adopted son renounces the right of inheriting from
‘his real parents and cannot be sued for debts which they
“may have contracted in their lifetime. If the head of a
“family, after having adopted a child, becomes himself the
“father of a legitimate child, the adopted son does not lose
“all hope of inheriting, for the law gives him equal rights
“ with the children of the full blood.”

“Children, who, at the time of the death of their father,
“are in the special service of the King, have a right to three
“and a half shares of the inheritance,”

132 MALAY LAND TENURE.

‘In case a husband, on account of the barrenness of his —
“first wife, marries another who bears him a son, this latter
“ig the sole heir of his father and he provides, after the death
“of the latter, for the support of the first widow and his own
“ mother.”

“The law of the Hindus sanctions similarly the right of
“the eldest son to the greater part of the patrimony of the
‘father and mother. ‘The eldest of the family,’ says the
“law, ‘if .he be virtuous, may take possession of the whole of |
“his patrimony of the father and mother, and the other
‘brothers must live under his guardianship as they live under
“that of their father.’ ”

“ Generally, in India, distribution used to be made in the
“following way: the eldest had a double share, the second a
“share and a half, and the other brothers a single share res-
“‘nectively. The brothers gave to their sisters by the same
“mother a quarter of their shares to help them to establish
“ themselves.”’

CuHaprer IX.

NATIVE TENURE UNDER EUROPEAN RULE.
INDIA, BURMA, JAVA, CEYLON.

TN DAG

A wholesale modification of the systems of land tenure of
ancient and highly civilised communities in British India by
the introduction of English law would obviously have been
unwise. It has always been the object of British Administra-
tors in that country to recognise native laws and customs
relating to the tenure of land, and, in elaborating Revenue
systems, to secure that the regulations laid down shall give
due effect to every class of interest in land known to native
laws. It has been gradually ascertained in the various pro-

MALAY LAND TENURE. 133

vinces what are the different degrees of right of occupants and

proprietors and each interest has received definition in the

Land Acts passed from time to time for particular provinces,

divisions or districts. In such Acts, the terminology used in

describing tenures, classes of proprietors, and occupants, docu-

ments evidencing title, and rents and other payments, is -
largely borrowed from the ‘native languages. The use of

terms which have a technical meaning in English law is thus

avoided. |

Speaking generally, the ra‘iyat is the owner of his holding,
subject to the payment of the assessed land revenue. No
documentary evidence of title is necessary, though in some
provinces he holds a patta, or official statement of the facts of
his holding or assessment. His rights are alienable and heri-
table, but all transfers have to be registered.

Revenue systems vary in different parts of India; there are
practically two. The first contemplates settlement with a mid-
dleman; and the second, dealing with the individual culti-
vator direct—( the ra‘iyat-wdri system). The Government
may, in point of fact, either deal with a whole village at once
through representative headmen, or may make a settlement
of each individual holding.

In the latter case the settlement of a district is based
upon a survey, the soil of every field is classified with a view
to ascertaining the proper rate of assessment to be imposed, and
eventually settlement records are made up, which include a
register shewing the name of the occupant of every surveyed
allotment.

In such a system, there is no place for English documents of
title, and the tenure is none the less certain and secure because
it is not supported by parchment and sealing-wax. The ra‘iyat’s
name is down in the register: of the village to which he be-
longs, and the extent of his land and the annual assessment
which he has to pay are there recorded. The village records
and the evidence of the headmen and villagers are at hand to
support him if his right of occupancy is impugned.

“In Bombay (just as in Madras) the occupant holds on
“the simple terms of paying the revenue; if he admits that
-“he is (or is proved by a decree of a Court to be) holding

134 MALAY LAND TENURE.

‘on behalf of some one else, as a tenant, or in an inferior
“position, then the ‘superior holder’s’ name is entered in
“the register, not his: he becomes the ‘ inferior holder, ? and

‘it is the superior who is entered in the register as the ‘ occu-

‘pant’ responsible for the assessed sum. Any one who is

“recorded as the responsible holder can simply resign (if he
“ dues not like to pay the assessment) any field in his holding.
“ The assessment is fixed for a period of thirty years, so that

‘a man who elects to hold continuously, knows for certain
“that during that long period, a// the profit he can make will

20 to snimaa

“At the beginning of each year, he can signify to the
““mamlatddr (or local revenue officer of a taluk sub-division )
“ what fields he wishes to hold, and what he wishes to give up ;
‘““as long as he does this in proper time, he is free to do as he
“pleases. If he relinquishes, the fields are available for any
‘one else; if no one applies for them, they are usually auc-
“ tioned as fallow (for the right of grazing) for the year, and so
“on, till some one offers to take them up for cultivation.
“ Nothing whatever is said in the Revenue Code about the
“person in possession (on his own account ) being ‘ owner’
“in the western sense. He is simply called the ‘ occupant,’
‘“‘and the Code says what he can do and what he cannot. The
“occupant may do anything he pleases to improve the land,
“but may not, without permission, do anything which diverts
“the holding from agricultural purposes. He has no right to
“mines or minerals.”

“These are the facts of the tenure ; you may theorise on
“them as you please; you may say this amounts to proprie-
‘ torship, or this is a dominium minus plenum, or anything
else

“The question of tenancy is just as simply dealt with. I
“have stated that, if it appears that the occupant is in pos-
‘session in behalf of some one else, that some one else is
“recorded as the ‘superior holder,’ and he becomes the
*“jaterior holder., 7

“What sort of ‘inferior ’—whether a tenant or on some
“other terms—is a simple question of fact and of the agree-
“ment or the custom by which he holds,”

MALAY LAND TENURE, 135

“Tf an occupant dies, one (the eldest or responsible ) heir
“must be entered as the succeeding occupant who has to pay
‘‘the revenue, for there can only be one registered revenue-
“payer for each field with a separate survey number, though,
“‘of course, there may be several sharers (joint heirs of the
“ deceased owner, for instance ) in anumber. Which of them
“is so entered, depends, of course, on consent, or on the result
“ of a Court decree, if there is a dispute.”

“ Sharers can always get their shares partitioned and assess-
“ed separately, as long as there is no dispute as to what the
“ shares are.” *

The advantages enjoyed by the occupant of land under the
survey settlement are : +

1st.—Fixity of tenure conditional on the due payment of
the Government demand.

2ndly.—His occupation is heritable and transferable by
eift, sale, or mortgage, without other restriction than the
requirement to give notice tv the authorities.

ordly.—His assessment is fixed, but subject to revision
after periods of thirty years. The right of occupancy is not
affected by the expiration of a term of settlement, being con-
ditional solely on the payment of the assessment imposed.

4thiy.—He is at liberty to resign his entire occupancy, or
any recognised share or part of it defined by the survey in any
year, provided notice be given by a fixed date. If waste land
be available, he may enlarge his holding at pleasure on appli-
cation to the district officials.

5thiy.—He may sub-let his lands, and Government will
assist him, under certain limitations, in recovering rents from
his tenants.

6thly— His holding cannot be encroached on by his
neighbour, every sub-division of it being clearly defined by
boundary marks, and susceptible of immediate identification
by means of the village maps and registers. Further, the
fact of his possession of any field or sub-division of it can be
traced without difficulty in the village records year by year up

——

‘* BADEN-POWELL—Land Revenue and Land Tenure in India, 136-8.

136 MALAY LAND TENURE,

to the date of the introduction of the first survey settlement.
Thus the chances of dispute and litigation are entirely removed,
or reduced to a minimum. Subject, then, to the part of the
Government assessment, the occupant of land under the sur-
vey tenure may be said to enjoy every right of property that
he can desire. with the advantage of possessing a title the
most simple and complete that can be imagined.*

BRITISH BURMA.

The rights of the land-holder, subject to the revenue de-
mands of Government, have been just ‘as carefully guarded
in British Burma. The Land Act of that province (Act II
of 1876) is founded upon earlier local regulations, which
were themselves an epitome, more or less, of the laws and
customs of the Burmese as to tenure of land. The land-hold-
er in Burma has, lke the ra‘iyat in Malacca, a proprie-
tary right, but in the case of the former, this right is inchoate
until there have been twelve years’ continuous possession ;
whereas in the case of the Malay mere appropriation and pos-
session create the right at once, provided that clearing and
cultivation are undertaken.

In British Burma, “if a person ( not holding under a grant
“or order of Government which itself determines the extent
“of right) has continuously held possession of any culturable
“‘ land for twelve years, and has continuously paid the revenue
“due thereon, or held it exempt on express grant, he is allow-
“ed to have acquired a permanent heritable and transferable
‘title. It will not, however, do for a man to be able to assert
‘‘former or ancient possession if that possession came to an
“end twelve years before the Act came into force ( Ist Fe-
“bruary, 1879). Possession, on the other hand, is not broken
“by a succession or transfer. If A has held for seven years,
“and then sells to B, who has held for five, B can put in a
“twelve years’ possession. So if B has inherited from A. In
“ the same way as regards the condition of paying the revenue.
“The payment will hold good if it has been made by a tenant

* Bombay Administration Report, 1882-3, p. 32.

MALAY LAND TENURE. 137

‘‘ oy other person holding under the person in possession. The
‘‘Jand-holder’s right is not called proprietary, because it is
‘‘ yestricted not only by the duty of paying revenue, taxes, and
“ cesses, which is a restriction on all property in land in India,
‘but also by the fact that all mines and mineral products and
“ buried treasure are reserved to Government, as also the right
«to work or search for those products on paying compensation
“ for the surface damage.”
# # x % % % % * x *

« Any ‘land-holder’ can obtain an authoritative declara-
“tion that he is such, by applying to have his right recorded
“on a register provided for the purpose, and getting a certi-
“ficate of the record. ‘There are, of course, provisions in the

“ Act regarding the cancelment and calling in question of such
accord. *

IPA Any:

It has already been stated that, under native rule, the Java-
nese were mere serfs, without proprietary interest in the land
which they cultivated. Under Dutch rule, prior to the con-
quest of Java by the English in 1811, no proprietary tenure
was introduced, and the native system remained unmodified if
the following description given by Rarries is a correct one :—

“ The Dutch Company, actuated solely by the spirit of gain,
“and viewing their Javan subjects with less regard or consi-
“ deration than a West Indian planter formerly viewed the
‘sang upon his estate, because the latter had paid the pur-
‘‘chase money of human property which the other had not,
“employed all the pre-existing machinery of despotism, to
“squeeze from the people their utmost mite of contribution,
“the last dregs of their labour, and thus aggravated the evils
“of a capricious and semi-barbarous government by working
“it with all the practised ingenuity of politicians, and all the
“ monopolising selfishness of traders.’’ +

* BADEN-POWELL—Land Revenue and Land Tenure in India, 700-702,
| History of Java, I, 168, ( 2nd edition ), 3

138 MALAY LAND TENURE.

Security of tenure and protection from unjust exactions are
the desiderata indicated in the eloquent passage which follows,
written with all the burning indignation with which RarrLzs
avowed the tyranny and rapacity of the Dutch Colonial Off-
cials of those days mspired him :—*

“Can it, therefore, be a subject of surprise, that the arts of
“acriculture and the improvement of society have made no
“ereater advances in Java? Need it excite wonder that the
“implements of husbandry are simple ; that the cultivation is
“unskilful and inartificial; that the state of the roads, where
« European convenience is not consulted, is bad; that the
“natural advantages of the country are neglected; that so
“little enterprise is displayed or capital employed ; that the
“ neasant’s cottage is mean, and that so little wealth and know-
“ledge are among the agricultural population; when it is
“considered that the occupant of land enjoys no security for
“reaping the fruits of his industry ; when his possession is
“liable to be taken away from him every season, or to suffer
“each an enhancement of rent as will drive him from it ; when
“such a small quantity of land only is allowed him as will
“ yield him bare subsistence, and every ear of grain that can be
“spared from the supply of his immediate wants, is extorted
“from him in the shape of tribute; when his personal ser-
“‘ vices are required unpaid for, in the train of luxury or in the
“culture of articles of monopoly ; and when in addition to
‘all these discouragements, he is subject to other heavy im-
“posts and impolitic restraints? No man will exert himself,
“when acting for another, with so much zeal as when stimu-
“lated by his own immediate interest; and under a system of
“ government, where everything but the bare means of sub-
‘“‘sistence is liable to be seized, nothing but the bare means of
“subsistence will be sought to be attained.” +

* “Tt is but right, however, to say that the Dutch, while admitting their
old Colonial rule to have been most objectionable in many ways, deny the
systematic atrocities imputed to them by RAFFLES and CRAWFURD, both of
whom, the Dutch say, distorted the facts and working of their old Colonial
Government, which was only known to these authors by hearsay.””’ MoNrEY’s
Java, I, 57, citing TEMMINCK’S Coup d wil général sur les Possessions Néerlan-
dauises dans Inde Archipelagique, I, 13.

+ RAFFLES—AHist. of Java, Id.

MALAY LAND TENURE, ~ 139

To transmute the serf into a proprietor, and to give him
immunity from forced labour and other exactions, was the
task which Rarrik&s set himself. To use his own words: “ The
“foundation of the amended system was, Ilst—The entire
“abolition of forced deliveries at inadequate rates, and of all
“feudal services, with the establishment of a perfect freedom
‘in cultivation and trade; 2nd—The assumption, on the
“part of Government, of the immediate superintendence of
“the lands with the collection of the resources and rents there-
“of; 3rd—The renting out of the lands so assumed to the

“ actual occupants, in nee or small estates, according to local

*“ circumstances, on leases for a moderate “su. In the course
“of the following years (1814 and 1815) these measures were
“ earried into execution in most of the districts under our
“Government. with a view to the eventual establishment of a
‘perpetual settlement, on the principle of the ryotwar
“or as it has been termed in Java, the tidng-dlit system.”

+ * # it “ * %

“In the first settlement, leases were only granted for a year,
“or, at the utmost, three years, and were given to intermedi-
“ate renters; but in the more detailed settlement of 1814,
“after sufficient information had been collected on the state

“of the country, Government determined to act directly with
si ~ the individual cultivator and to lay the foundation of a per-

‘manent system. By this latter period, the experiments had
“ been tried to a certain extent, and had succeeded beyond the
“most sanguine expectation. Difficulties met us in the way,
“but they were by no means insurmountable : there were at
“first imperfections in the system. but they did not affect its
‘principle, and were easily removed. By the zeal, the ability,
‘and industry of the various officers entrusted with the exe-
‘cution of the duty, whatever was practicable in furtherance
“ of the object in which they felt deeply interested, was accom-
‘plished. In the course of the years 1814 and 1815, the new
“svstem was introduced into Bantam, Cheribon and the
“eastern districts, over a population of a million and a half of
‘cultivators, not only without disturbance and opposition, but
“to the satisfaction of all classes of the natives, and to the
“manifest increase of the public revenue derivable from land.,”’

140 MALAY LAND TENURE.

RAFFLES’ system was the ra‘iyat-wdri system of Bengal ;a
proprietary right was accorded to the cultivator, and a tempo-
rary settlement was arrived at with him as to ‘the amount of
assessment payable by him in heu of the miscellaneous lia-
bilities of former times. The assessment was -payable in
money or kind (grain). It was intended that this should be a
stepping-stone to a permanent settlement, when experience
should have shewn the justice or otherwise of the scale first
determined upon. This was :—

For sawah lands (rice-fields ).

Ist quality of Sol, one-half of the estimated produce.
2nd quality of soil, two-fifths of the estimated produce.
ard quality of soil, one-third of the estimated produce.

For tegal lands ( maize, &c.).

lst quality of soil, two-fifths of the estimated produce.
2nd quality of soil, one-third of the estimated produce.
3rd quality of soil, one-fourth of the estimated produce.

Chiefs and headmen of villages were continued in office as
Collectors of Revenue. Individual rights were recorded in a
document, kept for inspection in every village office, in which
the name of every land-holder in the village and the amount
of his assessment were to be found.

About the year 1818, two years after the restoration of
Java to the Dutch, Rarries’ experiment was abandoned as
unsuccessiul, and the Government of Netherlands India went
back to the system of settlement with the village for the
whole village lands. “ The yearly allotment of lands was
“then left to be made as before, and the legal fiction of the
“separate property of each village in certain specified fields |
“was abolished.”

The present system of land-tenure in Java, which is fouuded
on the native customary law, is thus explained by Mr.
Money :—*_

“ Old Land Tenure and Rent under Native Rule-—The old
‘‘idea under the Native rule was, that the land belonged to
“the prince, the usufruct of it to the cultivator. The price of

—_ SS

* MONEY'S Java, I, 76.

MALAY LAND TENURE. 141

“the usufruct, or the rent, was one-fifth of the produce, and
“ one-fifth of the peasant’s Jabour, or one day’s gratuituous
“labour in the Java week of five days. The Dutch, in re-
“verting to the old system, logically carried out this idea,
“holding that they had conquered the prince and not the
“people, and therefore came into the prince’s nghts. They
“however, reduced the labour rent from one-fifth to one-
“seventh, substituting one day in the European week of seven
“ days, for one day in the Java week of five days.”

“The diferent systems of land tenure in the island all
“ derive from this idea.”

“ Landlord Property.—Where the Dutch are masters by
“treaty and not by conquest, the produce rent and the labour
“yent are paid, not to the Dutch but to the Native Princes, as
“in the Preanger and in Soerakarta and Djokjokarta. In the
“rest of the island, where the Dutch are masters by conquest,
“the one-fifth of produce and one-seventh of labour belong
“to the Dutch Government, except on private estates, where
“the Government has pro tanto granted away its rights.
“There the one fifth and one-seventh are paid by the peasant
‘‘to the European or Chinese landowner, and the landowner
“pays to Government three-fourths of one per cent. per
“annum on the total value of his estate, equal at most to
“ one-fifth of the net yearly income.”

“ Peasant’s Property.—The peasant’s property under the
“‘ Native system to which the Dutch reverted, is of three kinds.

beat: Village lands belonging jointly to the whole village
* community, to his share in which every householder has a
“right. These jomt village lands are yearly partitioned and
if separately allotted to every head of family according to the
“size of his family, and according to their capacity to culti-
“ vate the land so allotted.”

“2nd. Lands formerly uncultivated, which belong exclu-
“ sively to the peasant who brings them into cultivation. For
‘these he pays the one-fifth and one-seventh after five years,
“but is exempt from all payment for them, and from all
“ gratuitous labour whatever, during the first five years.”

“ 3rd. Lands which have descended from the first cultivator
“to his representatives.

142 MALAY LAND TENURE.

“The first cultivator, however, and also his representatives,
‘“‘ whether by purchase or descent, have, besides the land which
“is exclusively theirs, their share as householders in the vil-
“ lage lands, so long as they choose to claim and cultivate such
“ share, but no longer. Either the first cultivator or his des-
“cendants can sell any part of such their exclusive land, but
‘only as a peasant holding to some other cultivator, and
“the purchaser stands in the seller’s place, paying his one-
“fifth and one-seventh. When any holder of such exclusive
“Jand dies without heirs, his exclusive land reverts to the
“common lands of the village within whose boundaries it lies.
“In some districts, by custom, the first cultivator only holds
‘the land exclusively rent and labour free for six years, when
it reverts to the common lands of the village.”

“ Such were the old land tenures and land rent to which the
“ Dutch reverted, with the modification of the old labour
“rent of one day in five being reduced to the lesser 1ate of
‘oue day in seven. The Jaya cotticr would of course have
“ preferred the reduction of the phair rent without the re-
‘imposition of the labour rent; but, much as the Oriental

“ peasant hates labour, he still more hates parting with money.
“The retuin to the old state of things was etfected not only
“ without disturbance, but, the Dutch say, without even any
“ visible signs of dissatisfaction.”

© Present Java Land Tenire-—this simple and well-defined
‘system of land tenure has ever since obtained all through
‘Java, except in the Native states of Soerakarta and Djokjo-
‘karta, districts on the Southern Coast of Java, which still
“maintain a kind of cu otected and controlled independence,
“like many cf the Native states within our Indian territory.
“There the old one-fifth of produce in kind and one-fifth of
“labour are still received by the Native princes in the old

‘manner, and applied generally to the old purposes.”

“« The system which the Dutch substituted for our Ryot-
‘“warree not only applies to Government lands and to the
“ Preanger, but also to private estates. The landlord’s claim
“for rent, long limited by customs, was in 1885 expressly

“limited by law to one-fifth of his tenant’s produce, and to
“one day’s gratuitous labour in seven. ‘The produce rent on

MALAY LAND TENURE. 143

““ Government land is not expressly limited by law to one-fifth
“ but is settled at that rate with the village chief for the whole
“village, and must be paid in money. The one-fifth of pro-
‘“‘ duce on private estates is generally taken by the landlords
“from each cotticr in kind. The labour rent on crown lands
“is mostly employed on the roads and public works. On pri-
“ vate estates the labour rent is generally applied by the land-
“ owner to the cultivation of such parts of his property as he
“keeps in his own hand. In other respects the produce and
“ Jabour rents are paid to Government or to a private landlord
“ as follows :-—

“Labour Rent.—-lvery cottier, whether on Government
“land or on a private estate, gives his one day’s gratuitous
“labour in every seven to his landlord, according to the roster
‘kept by the elected village chief. As this gratuitous labour
‘is a part of the rent for land yielding produce, it is not pay-
“able by the artisan, or by any one holding house property
“only. So also, as only one-seventh of labour is due by each
“family, the head of the family alone is borne on the roster,
“but, any competent grown member of the family, or other
“substitute, performs the labour for him. Although when
“the yearly appropriation of village lands takes place, a large
“family gets more than a small one, still only one-seventh of
“one man’s labour is due by that family, however large. The
“result very generally is, that, in each village, the house-
‘‘holders employ some few day labourers to do the gratuitous
“labour for the whole village, for which they receive a cer-
“tain daily payment from the villagers. By constant work on
“the Government roads and irrigation embankments, or on
“the landowner’s private farm, these men become good hands,
“the villagers get off their one-seventh of labour for a small
“payment, and thus every one is satisfied.”

“ Produce Rent.—When the rice crop is ripe, but before it is
“cut, it is assessed by agreement both as to quantity and
“value between the ccttier tenant and the landlord. In case
“of agreement both as to quantity and value, the peasant is
“left to cut down and sell his crop, and has to pay the amount
“agreed on four months after harvest. If the landlord re-

144. MALAY LAND TENURE.

“‘ quires the one-fifth of produce to be paid in kind, the tenant
ae “must deliver it at the landlord’s grange on the property as

“soon as reaped.”

“ Tf landlord and tenant cannot agee as to the number of
‘ piculs the different fields will yield per dahu, the rest of the
‘** villagers are called in, the crop 3s at once cut down, tied up
“in geddings or bundles of padi as big as can be held in the
“two arms, and put up in heaps of five yeddings each. The
“landlord or his agent then takes one gedding from every
“heap. The villagers get a certain proportion of the geddings
“ for cutting down and stacking the crop, which, makes it the
“the tenant’s imterest to agree to a rather higher assess-
‘ment in quantity, so as to be left to cut down his crop him-
“self. The landlord is subject to the disadvantage, in thus
“ having the crop cut down by the villagers, of having to carry |
“ away “his own share, which also induces him not to insist

On quite the highest valuation in quastiaty, he thinks the

igan bear 7

“ Tf the landlord and tenant agree as to quantity, but can-
“not agree as to the market price, the peasant is left to reap
“his crop himself, and has to deliver to the landlord one-fifth
“of the stipulated quantity of padi in kind, for the safe de-
“ livery of which the village chief is also responsible.”

“The value to be agreed on is the current market value of
“the neighbourhood in full harvest, and when consequently
“the price is lower than the average throughout the year.
“The cottier knows that if the landlord and he can agree as
“to value, he will have four months time to pay im. He
‘‘knows that as soon as the harvest is all in, and the produce
“vent of the neighbourhood has either been sold on the spot
‘“or been sent away for export, produce will rise again to the
“usual price through the year in his locality. It is the tenant’s
“interest, therefcre, to agree to both the assessed quantity and

“value if not exorbitant, while the Jandlord’s estimate is kept

“within bounds by the tenant’s right to pay the actual one-
“ fifth in kind.”

“ Large Eurcpean Landowners.—Although, as previously
“mentioned, the English Government of Java found on in-
“ quiry that the Native chiefs did not even claim any proprie-

MALAY LAND TENURE. 145

‘tary rights in the soil, yet in some few instances considera-
“ ble tracts of crown land were bestowed by us on Natives as
“ private estates. On the return of the Dutch all our grants
“ and alienations of crown land were recognised, but from that
“time the Java crown lands have only been leased ont, and
“ never granted away. The few Natives, whom we thus made
“ landed proprietors, then entered into the same condition as the
‘old European and Chinese landed proprietors, and their
“ estates became lable to sale for arrears of land tax or for
“ mortgage debt. The reckless and extravagant habits of
“these Native landowners have gradually alienated most of
‘¢ their properties, and there are now not above half-a-dozen
* Natives, out of the Preanger and other Native states,
“who are still owners of land. There is no prohibition a-
“gainst any Native buying any private estate which is for sale,
“but the practice is discouraged by the Dutch Government.”

The culture-system, a description of which does not fall
within the scope of this paper, has been founded upon and is
in no Way inconsistent with the native customary tenure.

GH Yo O2N».

The land-revenue system of Ceylon is based upon native
eustom, which, in this respect, resembles the practice, common
to the Malays and other Indo-Chinese peoples, of levying a
tenth or other proportionate share of the produce. A local
Ordinance, passed in Ceylon in 1840, gave legislative sanction
to a procedure devised for securing the due collection of the
Government share of the crops of paddy and dry grain grown
in the island. This tax was a well-recognised impost leviable
by custom and continued by Government proclamations issued
in the early years of British occupation. *

The law of 1840, which is still in force, describes the duty
leviable to be “a tax of one-tenth or such other proportion
“of the crops of paddy and dry grain grown in and upon all
“lands now lable thereto, as by law, custom, or usage is at
“‘ present levied or payable.”

* Ordinance XIV of 1840, quoting in the preamble Proclamations of Sept.
3rd, 1801, and Nov, 21st, 1818.

146 MALAY LAND TENURE,

The mode of collecting the tax was, in 1841, described as
follows, by one who had held high office in Ceylon and whose
unfavourable opinion of this system of collecting a land reve-
nue was formed, therefore, after some experience :—

“When the crop is sufficiently advanced to enable an esti-
“mate to be formed of its possible produce, the Government
‘“ Assessors proceed to calculate its probable value, and a
“return is made to the Government Agent of the amount
‘“ Jeviable upon every field. The farm of the tax of each district
“is then sold by public auction ; and, as the harvest approaches,
“the cultivator is obliged to give five days’ notice to the pur-
“ chaser of his intention to cut; two days’ notice if he finds it
“necessary to postpone; if the crop be not threshed immedi-
‘ately, the renter is entitled to a further notice of the day
“fixed for that purpose; and for any omission or irregularity
‘‘he has a remedy by suing for a penalty in the District
“Court.”

“Tt would be difficult to devise a system more pregnant
“with oppression, extortion, and demoralisation than the one
“here detailed. The cultivator is handed over helplessly to
“ two successive sets of inquisitorial officers — the assessors and
“the renters; whose acts are so uncontrolled that abuses are
“inevitable, and the intercourse of the two parties is charac-
“terised by vigour and extortion on the one side, and cunning
“ond subterfuges of every description on the other. Every
“artifice and disingenuous device is put in practice to deceive
“the headmen and assessors as to the extent and fertility of
“the land and the actual value of the crop; and they, in
“yeturn, resort to the most inquisitorial and vexatious inter-
“ference, either to protect the interest of the Government, or
“privately to further their own. Between these demoralising
‘influences, the character and industry of the rural popula-
“ tion are deteriorated and destroyed. ‘Fhe extention of culti-
“vation by reclaiming a portion of waste land only exposes
“the harassed proprietor to fresh visits from the headmen, and
“a new valuation by the Government Assessor, and where
“annoyance is not the leading object, recourse is had to cor-
‘ puption, in order to keep down the valuation,”

MALAY LAND TENURE, 147

“ But no sooner has the cultivator got rid of the assessor than
“he falls into the hauds of the renter, who, under the autho-
“‘rity with which the law invests him, finds himself possessed
‘of unusual powers of vexation and annoyance. He may bea
“ designedly out of the way when the cultivator sends notice of —
“his intention to cut; and if the latter, to save his harvest
“from perishing on the stalk, ventures to reap it in his ab-
“sence, the penalties of the law are instantly enforced against
“him. Under the pressure of this formidable control, the
“aericultural proprietor, rather than lose his time or his crop
“in dancing attendance on the renter, or submitting to the
“multiform annoyances of his subordinates, is driven to pur-
“chase forbearance by additional payments ; and it is generally
“understood that the share of the tax which eventually reaches
“the Treasury does not form one-half of the amount which is
“thus extorted by oppressive devices from the helpless pro-
‘prictors.’”

‘“‘ The same process which is here described for the collection
“of the tax uponrice lands in the valleys is resorted to for
“ realising that upon dry grain in the uplands and hills; and it
‘is a striking confirmation of the discouragement to the exten-
“sion of agriculture, which is inseparable from a system so
‘“‘ vexatious and so oppressive, that by a return of the produce
* of the paddi tax and that on dry grain for the years prior to
“ 1846, during which the cultivation of every other description
“ of produce had been making extensive advances, it was shewn
“that the production of corn had been for some time station-
‘‘ ary in Ceylon ; and the increase has been very inconsiderable
© sinece.’?*

CHAPTER X.

LAND TENURE IN MALACCA UNDER
EUROPEAN RULE.

British rule in Malacca dates from 1825, the year in which
the cession arranged by the treaty with the Netherlands of

Sir EMERSON TENNENT’S Hist. of Ceylon, II, 170, n.

148 MALAY LAND TENURE,

1824 was carried into effect. It is true that from 1795 to
1818, Malacca had been held by the English, but this was
more in the nature of a military occupation, which might
come to an end at any time on the cessation of war, than per-
manent civil administration. As far as_-can be learned, the
Government of Malacca between 1795 and 1818 went on very
much as it had under the Dutch, save for the removal of res-
trictions on cultivation and trade and for the humane reforms
of Lord Mrinro in the criminal procedure.* At all events
at first, documents dealing with rights in land were made out
in the Dutch language for the signature of the English
Governor.

Taking 1825 as the starting point, what was the land tenure
of the Settlement as the British found it in that year? I
reply unhesitatingly that it was the native tenure of the
Malays, unchanged in any way either by Portuguese or Dutch
rulers. + Allthe evidence supports this, the absence of any
express land laws or regulations passed during the preceding
period of European rule, the fact that such records as we have
of the Dutch administration exhibit the government uphold-
ing the customary rules of native tenure, the fact that in their
other eastern possessions the Dutch have consistently main-
tained the native tenure as they found it, and the fact that at
the date of the final cession of Malacca a code of regulations
was under the consideration of the Dutch Government, which
is founded in all respects upon local custom and has nothing
in common with any European system.

There were very good reasons why the tenure of Malacca
should not have been interfered with. The Portuguese rule
was the mere military occupation of a fortress, by which the
command of the Straits, and thereby of the easteru trade, was

* “ Malacca was to have been restored to the Dutch at the peace of Amiens,
‘in 1802; but war recommenced (May 1803) before the transfer was made,
‘‘and the Dutch falling again under the gripe of France, it consequently
‘* remained in the hands of the British until 1818. The law of Holland con-
‘* tinued to be administered, and the decrees of the courts of justice passed in
‘“‘ the name of their High Mightinesses.”,-—-Nrwsorp, I, 126.

t ‘ The Portuguese, while they held Malacca, and, after them, the Dutch,
“left the Malay customs, or lea non scripta, in force.” See the judgment of
Sir BENSON MAXWELL in Sahrip v. Mitchell and ano., Appendix, p. xli,

MALAY LAND TENURE. | 149

maintained. ‘They were frequently besieged, and the enemy
was on more than one occasion up to their very gates. It
would be absurd to suppose that any new land system was
devised or introduced for the limited area covered by the fort
and town in those troublous times. The Dutch drove out the
Portuguese in 1640. At no time during their occupation did
the Dutch open up the interior by means of roads: their forts
at St. Joun’s hill and elsewhere shew that the suburbs
were not always peaceful, and there is little reason to suppose
that their direct rule extended far from the town of Malacca
itself. The whole object of their establishment was trade,
and, in the words of an English official who had studied the
subject, ‘‘ Malacca was considered a mere outpost of the
“ Supreme Colonial Government in Java for securing Dutch
“supremacy and monopoly in the Straits. Not only was
“aoriculture discouraged, but it was absolutely preventeh.
“The cultivation of grain was forbidden as interfering witd
“monopoly in Java, and other species of tropical cultivation
“were equally disallowed from the same cause.”* Among the
sources of revenue of the Dutch Government before 1795
there is no mention of land revenue, and the absence of this
item is sufficiently accounted for by the statement just quoted.

The Dutch did not introduce any land laws, or derive any
public revenue from land, but they fully recognised individual
rights in land, and supplied the means of proving title by
written documents. These rights were, for the most part,
rights acquired under the local native customs, and the man-
ner in which they were transferred was quite in keeping with
the native mode of thought. I have already quoted (sup., p.
120) a passage from the Kedah laws in which it is laid down

* Journ. Ind. Arch., II, 737 ; Id. X, 45.—“‘ Though under the dominion
‘¢ of an European power for about 250 years, it remains, even to the foot of
‘¢ the lines of the town, as wild and uncultivated as if there had never been
‘‘ a settlement formed here, and except by the small river that passes be-
‘tween the fort and town, you cannot penetrate into the country in any
‘‘ direction above a few miles; nor is even this extent general, being con-
‘« fined to the roads that run along the seashore about two miles each way |
‘¢ and one that goes inland (about four miles).”—Capt, LENNoN’s Journal,—
1796—Journ, Straits Branch R, A. S., No, 7, p. 62,

150 MALAY LAND TENURE.

that the Raja’s concurrence shall be necessary to validate a
transfer made by a land-owner to another. This is the princi-
ple upon which the Dutch documents of title, still extant in
Malacca, seem to have been issued. A purchaser or imberitor
of land had to go before the Court of Justice and declare and
prove the transaction by which he claimed possession of the
land. Upon satisfactory proof being adduced, the Court con-
firmed the transfer or tranmission and issued to him
a document in the nature of a certificate of his right of
possession, that is of his proprietary right under the local law.
The greater part of the land in the town of Malacca is held in
this manner, and it has been hastily assumed that the certifi-
cates of the Dutch Court of Justice have superseded earlier
grants issued to the original proprietors. I do not believe
that there is, in the majority of cases, any foundation for such
an assumption. and in the town and suburbs of Malacca
was in the possession of individuals before the Dutch occup:-
tion—and before the Portuguese conquest for the matter of
that. It was held and continued to be held either by the
native possessors or by new-comers, with or without the per-
mission of the ruling authority, under the local tenure. Only,
after the establishment of a Court of Justice by the Datch,
secret alienation was not permitted. A transfer of land had
to receive the sanction of the government, in whom theoreti-
cally the soil was vested, and this, as has been shewn, is quite
in accordance with Malay ideas.

The uncertainty attending the terms on which such land
could be held is clearly evidenced in some of the Dutch
documents Sometimes it is expressly declared that the
land is subject to any taxes, &c., which may at-any future
time be imposed, and this sufficiently indicates that the terms
ultimately to be imposed were not settled, though it was well
understood that land was liable to a customary tax if the
Government should at any time choose to exact it. But, as I
have shewn, no land revenue was collected in Malacca in
Dutch times and presumedly no tax was ever imposed. The
land on which the town of Malacca stands pays no rent, tax or
revenue of any kind to the Government, to this day. But
there can be little doubt that it is open to the Government of

MALAY LAND TENURE. 151

the Colony to exact any reasonable assessed rental at any time,
if, as I contend, the tenure on which this land is held is the
native tenure of the country and in no sense “fee simple,” as
the holders of it would like to maintain.

The Dutch claimed authority over the interior of the pro-
vince of Malacca, though they neither made roads, maintained
order, or otherwise directly governed the district. The greater
part of it was granted away as ferres particuliéres (see sup. p. 96)
to Dutch settlers, traders, or officials in the town, and in some
instances to natives. These had, that is to say, the right of
standing in the place of the Government and collecting the
customary tenth on produce. Several families were able to
make a small income in this way, through Malay headmen
appointed by them over these lands, or through Chinese sub-
renters to whom they farmed out their privileges. But they
had no right to the soil, and there is little reason to suppose
that the Kuropeans either lived on or even visited the lands
over which their rights extended.

This again is a purely native institution, copied by the
Dutch. Its origin will be found in the extract from the
Malacca Code, in Appendix I p. xv, and in the description of
ney private lands“? im Java by Dr.. WinckEeL (sup.
p. 94), who expressly states that the custom there is a native
one which originated with the Javanese sovereigns.

Besides the occupiers cf the town and suburban lands and
the proprictors (twan tanah ) of the concessions just mentioned,
there were the Malay peasantry im the interior, proprietors,
sub-tenants or mere cultivators, as the case might be, under
the native laws already described. That these were never very
numerous in Dutch times, when the cultivation of rice was
absolutely forbidden, may be assumed from the fact that in
the eight years from 1828 to 1836, (paddy-planting having
been permitted since 1795) the average number of cultivators
paying tenths was only 2,364. * In fact, under Dutch rule, the
concessions must have paid very little to their proprietors, and

* Newson, J, 165. Mr. W. T. Lewis, Assistant Resident of Malacca,
in 1828 estimated the Malacca territory to be 450 square miles, of which
5,653 acres only were cultivated.

152 MALAY LAND TENURE.

it was only under the British Government, after 1795, that they
began to be valuable.

The land-holders, then, in Malacca, at the time that the
British took possession of the place finally in 1825, were of
three classes :—

1.—Holders of land in the town and suburbs, with or
without certificates of the Court of Justice ;
2.—Proprietors of concessions, in the nature of Zamin-
dari rights, over country lands ;
3,—-Native cultivators having a proprietary right ;—
all holding under the local customary tenure of the country.

It was difficult at first for the officers of the new Government
to obtain accurate information as to the state of the tenure.
The persons belonging to the second of the three classes just
enumerated—“ proprietors,”’ as they called themselves, “ tithe-
owners” or ‘‘ impropriators,’ as Mr. Youne termed them*—
commenced by making wholly imadmissible claims. For a
time it seemed as if the whole of the land of the Province,
beyond the town-limits, was the absolute property of “ pro-
prietors,’’ whether cultivated land, waste land, or forest. There
was no one to appeal to for information as to the nature of
the tenure except the “ proprietors’? themselves and their
friends and relations. Such mformation as they could or
would give will be found in the minutes of a meeting held by
the Resident Councillor on the J0th of October, 1826
(Appendix II). They claimed the unqualified ownership of hun-
dreds of square miles of land, the greater part of which was
uncleared forest because, though the rights granted in respect
of it had been conferred with a view to its bring cleared, the
Dutch Government had never enforced this stipulation! They
called the cultivators their “tenants,” and denied the right of
any one to settle on their alleged estates without permission ;
yet they admitted the right of a “tenant” to sell, mortgage
and devise his land and to extend his property by taking up
waste land at will. They alleged a customary right to collect

—

* Correspondence relating to the Land Revenue System, 8.S.—Mr. Youne’s
3rd Report, pp. 51-75.

MALAY LAND TENUEE. 1538

a rent which was ordinarily a tenth of all produce, but admit-. |
ted that they had no right to levy a higher rate.

-It need hardly be said that this description was not sufficient
to convince the Governor (Mr. Futrerton ) that the relative
rights of Government, “ proprietor,’ and ‘‘ tenants” .had
been correctly stated.* He pointed out the inconsistencies
which occurred in the information elicited at the meeting, and
the claims of the concessionaires to be absolute owners were
never recognised. Jt was made clear by the production of a
Dutch Proclamation, dated 14th December, 1773, and a later one
dated 20th May, 1819 (Appendix IV), that the latter were
forbidden, under pain of a heavy fine, from levying more than
one-tenth of the produce from the cultivators. This satisfied
the Governor that all that had ever been given up by the
Dutch Government to the concessionaires was the right of col-
lecting the tax of one-tenth of the produce, and that no valid
claim could be made out to any absolute right of ownership of
the soil. It was decided to redeem the rights which had been
thus given up, and in 1828 these were repurchased by Govern-
ment from the concessionaires, who received in lieu of them
hereditary allowances calculated according to the respective
values of the concessions so re-acquired by Government. In
a few cases, owing to absence from the Settlement, or inca-
pacity to contract, on the part of the persons entitled, the
re-purchase of the right of levying the tenth was not carried
out, and this right is, therefore, still enjoyed by a few indivi-
duals in Malacca.

The lands at Malacca, having been just freed from the
incubus of a middleman between Government and the cultiva-
tor, were taken in hand by the authorities. A Superintendent
of Lands was appointed, and a Regulation for the Administra-
tion of the Land Revenue Department was passed on the 25th
June, 1828, which, after approval by the Board of Directors,
became Regulation IX of 1830.

The foundation of much of the mal-administration that has
followed may be traced to this very incomplete measure. The
Government ought then to have decided whether the tithe

* See Mr. FULLERTON’S minute, Appendix IT, p. xxx.

154: MALAY LAND TENURE,

system was to be persisted in or not; whether land was thence-
forth to be taken up in the old way and to be subject to the
payment of tenths, or whether any other system of tenure
was to be introduced. But what was done was this :—

(1). The Government determined to collect the tenth on
produce which had just been re-acquired from the
former tithe-owners, and toll-houses were erected
throughout the country te imtercept produce on its
way to market.

(2). A determination was announced to survey ‘the hold-
ings of the then cultivators and to issue “ title-
deeds” for them. Th's was not carried out.*

(3). For lands disposed. of subsequently, grants and
leases were to be issued under English law.

(4). The Regulation was silent as to the method of en-
forcing the levy of the tenth.

Is it surprising that the result has been incessant confusion
ever since ? Here was a native tenure easily intelligible and
suited to the customs and traditions of the people. It was
possible to carry it out in its entirety by encouraging the
exercise of the free right of taking up land for agricultural
purposes and the acquisition of an alienable proprietary right,
subject to the payment of tenths, and by providing legal machi-
nery for the collection of tenths and the punishment of per-
sons evading payment. It was possible, on the other hand,
to abandon it, to levy an assessment (founded, as in India, on
a rough survey or estimate of area) in leu of it, and to alienate
Jands in the future on this system. But neither of these sys-
tems was adopted. The old lands cultivated and liable to
tenths before 1830 remained subject to the native customs,
but they were not identified by registration or survey. Lands
taken up and brought into cultivation without permission
after 1830 could not, therefore, im subsequent years, be dis-

a SSSESESSESSSSFSSSSSSSSSSSSSSSsSEeeeeeSeseSseseseseseses

*« A Surveyor was appointed, but before he had been many months
‘‘employed, his services were dispensed with in the general reduction, and
‘“in consequence until this day (1856), except in the ‘immediate vicinity of +
‘the town, the lands are not measured, nor do the tenants hold any docu-
“ments to prove their rights.” Jowrn. "Ind. Arch. 5 Oe,

MALAY LAND TENURE, 155

tinguished from them. The tithe system was maintained, but
the toll-houses proved to be a nuisance and at the same time
an inefficient means of collecting the tax. It must have been
obvious that much produce liable to the tax would not pass
the toll-houses at all, while, on the other hand, produce exempt
from taxation, 7.¢., that derived from the lands of Penghulus,
etc., and from lands leased or granted on a quit-rent after
1830, would very likely be charged. The outlook from the
first was not promising, and two important facts—one legal and
the other administrative—tended to aggravate all the other
difficulties. COnewas the decision of the Recorder, Sir B.
“ Marxin,* “that the introduction of the King’s charter into
“these Settlements had introduced the existing law of Eng-
“Jand also, except in some cases where it was modified by
“express provision, and had abrogated any law previously
existing,’ + and the other was the alteration in the form of
government and the reduction of establishments which took
place about 1830. Thenceforward there were only two officers
to perform all the executive and judicial duties of the station.}

The Malacca Land Regulation (IX of 1830) was not long
regarded as law. It was passed by the same authority as the
Singapore Land Regulation, which was judicially declared
by Sir B. Matuxin, to be illegal because it was not a
Regulation “for imposing duties and taxes,” those being the
only purposes for which the Governor in Council of Prince of
Wales’ Island, Singapore and Malacca could legislate. §

Changes in the law and in the Government were followed
soon afterwards by the Naning War (1831-2). So it will be
seen that the years which immediately followed the cession of
Malacca were characterised by a number of incidents which
rendered the establishment of a successful administration of
the Land Department a very difficult operation.

* Ropyk v. WILLIAMSON, 24th May, 1834.

t+ In the goods of Abdullah, 31st March, 1835. Special Reports of the
Indian Law Commissioners, House of Commons Papers, 30th May, 1843, p.
90. ;
t Journ. Ind. Arch., X, 55.
§ Indian Law Commissioners’ Report, 66. For an abstract of the Sin-
gapore Land Regulation, see Jowrn. Ind. Arch., IV, 214.

156 MALAY LAND TENURE.

The difficulties with which the Government was brought
face to face in 1829, the introduction of English law which
rendered the enforcement of Dutch or native customary laws,
however well suited to the place, impossible, the absence of
legislative power in the Local Government, and the conse-
quent impracticability of enforcing revenue claims and com-
pelling the delivery of the tenth, were well summarised by
Mr. FULLERTON, in a minute dated [8th May, 1829, from which
I extract the following passage :—

“This brings me to the explanation of the radical cause why
“revenue cannot be raised in these eastern countries. On the
“continent of India, the Governments are invested with legis-
“lative power, and that power is exercised in prescribed form,
Shy: te enactment and promulgation of laws registered in the
“ Judicial Department, under the term of Regulations. Those
“ Regulations, besides providing for the forms of administering
“justice, define the relative rights of the Government and the
“ subject, and prescribe the mode under which those rights are
“to be inferred on the one part, maintaimed on the other, by
“application to local Provincial Courts, bound to act accord-
“ing to those Regulations. The Supreme Courts have no
‘jurisdiction in any matters of Revenue, or the collection
“thereof. In the Revenue Department, public officers hold
“summary powers of enforcing, in the first stance, all de-
nanos, whether for payment of arrears, ejecting from lands

“ unduly held, leaving the onus prosequendi on the party sup-
a posing himself ager ieved, distraint when no arrear is due, or
‘“ejectment from lands properly belonging to him. It is only
“under the exercise of the summary process that the collec-
“tion of the Government Revenue in India is insured. In
“these eastern settlements the Government has no power of
“framing those legislative provisions. ‘There does not, there-
“ fore, exist any distinct and clear definition of relative rights,
“or prescribed mode of enforcing and preserving them. There
‘are no Provincial Courts acting under local law. Govyern-
“ment possesses no power of enforcing its demands. The
“Court administering Justice as a Revenue Court is a King’s
‘ Court, framed on the English model, and taking the common
“law of England.as its guide. Questions of Revenue, there-

~

MALAY LAND TENURE, 157

“fore, whether arising from land or excise, fall to be tried
“under principles that have no relation or resemblance to the
“local situation of the country and its inhabitants. Before
“demands can be enforced, legal process in all the. English
“forms must be resorted to; writs of ejectment must be sued
“for: suits entered for arrears; delays, expenses, doubts and
“difficulties arise that render it easy for the people to evade
“the payment of all demands, and induce the officers of Gov-
“ernment rather to abandon the demand, small in individual
“cases, though considerable in the aggregate, rather than
“encounter all the difficulties and go through forms which
“they cannot understand. Let us suppose, for example’s sake,
“that the Supreme Court at Calcutta were at once declared
“the only Revenue Court; that every arrear of Revenue,
“every question resulting from its collection, or the occupa-
“tion of land, were to be tried there in the first instance, under
“all its forms ; would it possible to realize the Land Revenue?
“Yet this, in a small way, is exactly our case. Singapore,
“indeed, is of recent acquisition, and the titles hitherto given
“have been in English form: but even at Singapore, there is
“much land occupied without any title whatever ; and unless
“something is done by regular enactment, possession will make
‘a title, as it has done in this Island, from the neglect of the
“local authorities. But how are we to regulate decisions at
“Malacca? There the sovereign right is one-tenth of the
“ »roduce; the Dutch made over the right to certain of the
“inhabitants more than 100 years ago. This Government, by
“way of insuring increase of cultivation and introduction of
“»yopulation, redeemed the right. How are we to levy the
“tenth, if refused? The land tenures at Malacca bear no
“analogy or resemblance to any Wnglish tenure; yet by such
“they must, in case of doubt, be tried. Regulations adapted
“to the case have indeed been sent to England, but until local
“Jeoislation is applied, and the mode of administering justice
‘““ better adapted to the circumstances of the place, it seems to
“me quite useless to attempt the realization of any Revenue
““ whatever.”’

References to Bengal on the many vexed questions relative
to the occupation and alienation of land in the Straits were

158 MALAY LAND TENURE.

incessant for the next ten years. Each of the three Settle-
ments had its separate history and its peculiar administrative
difficulties, and it was no easy task to find out and apply the
proper remedies in each. In 1837 the Supreme Government
in Calcutta gave effect to some of Sir B. Matkrn’s recommen-
dations by repealing the local Land Regulations ( the legality
of which was more than doubtful ),* with a view to the intro-
duction of a general Land Law, and by passing an Act ( No.
XX of 1837) which modifies, in the Straits, the English law
of succession and makes all immoveable property descend to
the executor or administrator and not tothe heir.t Inthe
same year a Commissioner (Mr. Youne) was despatched
from India to the Straits Settlements to settle existing disputes
and difficulties about titles to land and to report on the whole
subject. He visited Malacca in 1838, and again there was an
opportunity of putting the land revenue system on an intelli-
gible basis, either by ascertaining, and formally enacting as
law, the native customs relative to the collection of the tenth
(as was done in Ceylon a few years later ¢ ), or by establish-
ing by law the principle of an assessment in money, instead of
the tax in kind, to be levied on the cultivated area as in India.

Mr. Youne recommended neither. He deprecated legisla-
tion, and preferred to trust ( the result has shewn how vainly )
to argument and persuasion to induce the Malays to commute
the tithe for a fixed annual payment in money. ‘The idea
started in Regulation [IX of 1830, that each cultivator was to
have a title-deed for his holding, seems to have taken complete
possession of that generation of Land Revenue officials and
the object of every succeeding administration seems similarly
to have been to force documents of title upon an unwilling
population. The toll-houses were discontinued and the volun-
tary commutation plan was tried. Its complete failure was
thus described by Mr. E. A. Buunpett in 1848 :—

* Act X of 1837, s. 1.

+ See Sir B. Marxrn’s letter to the Government of India, dated J uly 17,
1837; Report of Indian Land Commissioners, p. 85.

t Sup., p. 145.

ing

€¢

MALAY LAND TENURE. 159

“ He (Mr. Younc) seems to have brought to notice the
very objectionable system of levying a revenue in kind on
the produce of the lands, and to have induced the resort to a

“commutation of the tenths into a money payment, but
“ unfortunately the mode adopted either by or through him,

c¢

ce

a3

ce

was one that proved most unpalatable to the natives of the
place, and by its enforcement led to much vexation and dis-
satisfaction. This novel mode of raising a land revenue was
by means of technical English legal indentures between the
tenants and the East India Company, drawn up with all the
precision and formality of a practising attorney in England,
whereby the tenant engages to pay so much per annum, and
the Hast India Company engages not to demand any more,
during a period of twenty years from the date of signing.
This legal document occupies the whole of one side of a
sheet of foolscap, while the other is filled with Malayan
writing purporting to bea translation of the English, but,
as may well be supposed, failmg entirely to convey toa
native reader any idea of its meaning. It requires some
knowledge of law to understand the English original, con-
sidering that it is drawn up in strictly legal terms, and the
attempt to translate those terms into Malay has produced

an utterly unintelligible jumble of words. Indentures being

duplicate documents are of course required to be signed,
sealed and delivered in duplicate by each party in the pre-
sence of witnesses. To secure therefore the payment (often
of a few annas only per annum) the tenants (ignorant
Malay peasants) were sent for in shoals to put their marks
to these sheets of foolscap paper filled with writing. They
naturally got alarmed and evinced the greatest reluctance
to affix their signature. ‘To overcome this reluctance and to
induce a general signing throughout, seems to have been the
great and almost sole object of the Land Department from
that time to the present. All the ingenuity of Residents
and Assistants has been exerted to this end and all the prin-
ciples of political economy have been exhausted in endea-
vouring to explain the advantages of the system, but in
many parts without success. Threats, coaxings and expla-
nations have been set at defiance, and an obstinate determi-

160 MALAY LAND TENURE,

“ nation evinced not to sign these legal papers. In 1843 or
“* 1844, the then Resident hit on the notable plan of punishing
“ the recusants for their contumacy by putting their tenths up
“to auction and selling them to a Chinaman, the very thing
“ that formed one of the grounds for redeeming the lands from

“ the proprietors !”’

The Government had redeemed the rights granted in the
days of Dutch rule to a few privileged “ proprietors’ and the
worst that was said of the bargain for some years was that it
had been rashly and improvidently concluded and had resulted
in an annual loss to Government. But as time went on it was
discovered that the Government had by no means acquired, as
had been supposed, an unfettered right to deal with the waste
land of Malacca. The deeds by which the “ proprietors ”’
surrendered their rights to Government contained a stipula-
tion to the effect that, in case the Settlement of Malacca should
ever be given up to any other Power, they should be restored
to their original position with respect to the lands.* This
proviso effectually prevented the Government from giving a
clean title to purchasers.

The legal dificulty thus engendered, and the acknowledged
failure of the voluntary commutation plan, necessitated refer-
ence once more to the Goverrment of India, and in 186l a
Bill was introduced in the Legislative Council of India, which,
it was hoped, would give the local authorities all the necessary
powers.* During a debate on this measure, the law officer of
the Government (Mr. Sconce) read to the Council an extract
from a letter written by Mr. BiunpeEL1, ex-Governor of the
Straits Settlements, in which the injurious effect of the exac-
tion of the tenth in’ kind was pointed out. He further
explained that twenty years earlier an attempt had been
made to commute the payment in kind to a money payment,
which had failed ‘“‘ from the bad way in which it was carried

out,’? and that many disputes had arisen from the ineffici-
ency of the native surveyors, ‘‘ whose surveys were so bad
‘that constant disputes were arising in consequence of them,
‘many lands having been assigned twice over.”” To meet

* Journ. Ind. Arch., X, 60-61.

MALAY LAND TENURE. 161

this difficulty the Bill provided for a survey and a summary
settlement of the rights of parties, “ which would put an end
to disputes.”’*

The Bill in due time became law and, as Act XX VI of 1861,
is still in force in the Colony. It settled summarily all diffi-
culties as to the title of the Government to the lands over
which the Dutch grantees had once had rights, by vesting the
lands in question in fee simple in Her Majesty and thus for
ever extinguished any hopes which the former grantees might
have entertained of regaining possession, at some future time,
of the surrendered rights.

It also declared what was the legal status of certain classes
of native land-holders and provided a scheme of survey and
settlement, analogous to the Indian system, under which the
rights and liabilities of every one could be ascertained and
recorded.

But thirty years had been lost and the lands taken up with
or without authority in that period were now not to be distin-
euished from the lands which were held under the local cus-
tomary tenure at the time when Regulation LX of 1830 was
passed.+ The duty to be undertaken was a completely new
survey of the Settlement of Malacca, in the course of which
the status of every person claiming to have title to land was
to be ascertained and declared; and this was not facilitated
by any earlier survey and settlement, for the provisions cf
Regulations IX of 1830 in this respect had been allowed to
remain a dead letter,

The Act contemplated (s. 1) two classes of native land-holders,
namely, (1) “cultivators and resident tenants’’ of the lands
redeemed from the Dutch grantees, and of lands in Naning
“ whe hold their lands by prescription ; §

(2) “All other cultivators and under-tenants who now
occupy or hold, or shall occupy or hold, any of such lands as
aforesaid.” Those who could prove a proprietary right under

* Bengal Hurkaru, January 19th, 1861.
ace pe lol.
{ See supra, p. 154, note.*

a v. @, by local custom, usage orlaw, Suhrip v. Mitchell, Appendix III, p.
;

162 MALAY LAND TENURE.

the local customary tenure, and who came, therefore within
the first category, were declared to be liable to a payment,
either in money or kind, of one-tenth part of the produce of
the land to Government. .

Those (class 2), whose occupation was independent of the
native customary tenure were to be treated as squatters un- .
der the Straits Land Act (Act XVI of 1839, s 2) and had the
alternative of “engaging for’ their land on terms fixed by the
Government, or of removing from it altogether.

Power was given to the Governor to commute the custom-
ary lability of a land-holder to pay tenths in kind, for a sum
down and an annual quit-rent.

Waste land at the disposal of Government was to be alien-
ated, in the discretion of the Governor, to applicants, in
perpetuity or for any term of years and subject to any quit-
rent agreed upon; and the local customary right, which the
peasantry of Malacca possessed, of taking up forest, waste or
uncultivated land and acquiring a proprietary right over it by -
clearing and cultivating it, was taken away. Every land-holder
was, however, declared to be entitled to add to his holding by
engaging for contiguous uncultivated land in the proportion
of one part of waste for every four parts of land cultivated
by him. ,

Finally, certain legal powers were given to’ officials to
be appointed by the Governor, to make a survey of the
lands of the Settlement, to require the attendance of parties
and the production of documents, and to enquire into and
decide questions of title, subject to an appeal to the Court of
Judicature.

If this Act had been properly worked by a sufficient estab-
lishment, there would seem to be no reason why the Malacca
Land Revenue Department should not be at the present time,
as regards survey, settlement, maps, registration of holdings,
and record of rights, on as satisfactory a footing as any settled
district in an Indian province.

But no settlement operations on a sufficiently extended scale
were ever undertaken. A surveyor was appointed and worked
for some years during which time a tolerable survey of the coast
districts (about one-fourth of the whole) was executed. The

MALAY LAND TENURE. 163

maps so obtained were never published and the Indian sys-
tem of declaring particular land to be lable for so much
revenue annually, leviable quite irrespective of any title-deed
delivered to the occupant, was not enforced by the Land Office,
though this is distinctly what the Act aimed at. The officials
-of the day seem to have been still unable to get rid of the
idea that the only way to make an occupant liable for land
revenue was to make him sign a lease first of all.

In the words of the late Attorney-General of this Colony

(Mr. T. BrappELt, c.M.c.), whose paper on the Malacca Land
History * has been of the greatest value to me in compiling
these notes,—“ the cultivators, finding themselves better off
under the Penghulus, with whom (when they had no written
titles registered in the office, and followed by regular demands
for the rent expressed in the title-deed) they were able to
evade payment of the tenths, still refused to take titles, and
continued to occupy old lands and to open up other lands with
impunity, owing to the weakness of the Land Department,
which was provided with so few, and such inefficient officers,
that there was no regular supervision, and when any person
was found encroaching on the Crown lands he was all ready
with the excuse that the land was prescriptive tenant land.’’+

Systematic work.in Malacca under Act XXVI of 1861

ceased with the departure of Surveyor-General Quinton from
that Settlement, about 1867.

A passing reference may here be made to Ordinance XI of
1876, intended to facilitate land-administration in Malacca,
which has remained more or less a dead-letter for want of an
efficient establishment.

Neither Act XX VI of 1861, nor the Ordinance last quoted,
touch on a subject which has attracted the attention of several
persons who have written upon Malacca Lands. It has been
stated above (p. 153 ) that owing to absence from the Settle-
ment, or incapacity to contract, on the part of the persons
entitled, the right of collecting the tenth was not redeemed

* Journ. Ind. Arch., N.S., I, 43.
+ Proceedings of the Legislative Council of the Straits Settlements, 1882,
. 68.

{ Ld.

p

164 MALAY LAND TENURE.

by Government in all cases and that this right is still enjoyed
by a few individuals in Malacca. Brunpew speaks of the-
omission to carry out the redemption policy in these few
instances (which of course ought to have been dealt with as.
soon as the exceptional circumstances alluded to ceased), as an
‘important error,”’ but. describes the unredeemed Jands as
“so small in extent (probably not one-tenth of the whole),
“and already (1848) so far occupied, as to preclude their
“being selected for any extensive cultivation”-by a new
colonist prospecting for agricultural land.* |

The plan proposed by Mr. W. R. Youne, in 1838, of providing
by aspecial Act for the resumption by the State of the privileges.
held by the few remaining tithe-impropriators, upon the award
of compensation on an equitable principle, has not yet been
acted upon. Perhaps the limited area of the land in question,
which, he states, “ does not exceed in area four or five square
miles,’ was thought to characterise the matter as one of not
sufficient importance to demand special legislation in Caleutta.
Mr. Youne’s remarks and recommendations are as follows :—+

“T must here mention that although the great bulk of the
“‘impropriators transferred their rights to the Government in
‘©1828, a few of them were not included in Mr. FuLLERTon’s
‘arrangement, either by reason of the absence from Malacca
“of the principals, at the time of the negotiation, or because
“some of the tithe-owners had sub-let their privileges to
“others for a term of years, and the derivative interests thus
“created stood in the way of the admission of those impro-
“‘priators into the scheme of adjustment. The land thus.
“excluded from the general arrangement does not exceed in
‘area four or five square miles, and I believe that the i impro-
“priators would be quite willing to surrender their privileges
“to the Government in consideration of receiving compensa-
“tion on the principle which was applied to the cases of the
‘‘ other tithe-owners. I think it would be desirable, for the
‘‘sake of uniformity, to extend the arrangement to these par-
‘ties, although the land in question is not sufficiently exten-

* Journ. Ind. Arch., II, 743, 744.
+ Correspondence relating to the Land Revenue System of the Straits Settle-
ments, 1837-1844, para. 40, p. 69.

MALAY LAND TENURE. 165

“sive to offer any important obstruction to the satisfactory
‘“ working of the new system as a whole. The position of the
‘lands referred to, their limited area, and the facility of ob-
“taining correct information respecting their produce and
“value, would obviate all risk of a recurrence, in relation to
“them, of the miscalculations or deceptions which have ren-
“dered the existing composition with the tithe-owners so bad.
“a bargain to the State. If, however, these impropriators
“should be unwilling to assent to an equitable arrangement
“‘ with the State for the surrender of their rights—the terms of
“which might be settled by arbitrators—and if Government
“should be of opinion that the retention, in hands of a few
“individuals of privileges, the reservation of which, even to
“the ruling authority, has been declared to be incompatible
“with the good of the country, would militate against the
““heneficial working of the new plan—there would be neither
“injustice nor difficulty in providing by law for the transfer
“of those privileges to the State, with a view to the perfec-
“tion of the commutation arrangement, compensation, on an
“equitable principle being of course awarded to the parties
“‘ whose interests may be affected by the transfer. A measure
“of this sort would, I have no doubt, be acceptable to the
tithe-payers, who will soon find themselves in a more un-
“favourable position than their neighbours who have assented
‘to the commutation, and, indeed, there is little reason to
“suppose that the tithe-owners would object to a fair adjust-
“ment. Perhaps it would be advisable that Government
“should direct the local authorities to negotiate with the
“impropriators in question for the surrender of their rights
“to tithes, and to report the result for the approval or further
“instructions of the Supreme Government.”

A good deal has been said lately about ‘ British Malaya,”
under which term those who favour a policy of extending our
territory on the Malay Peninsula, by annexation, would in-
clude the Straits Settlements, and at least those Native States
which are now under our direct protectorate (Perak, Salangor
and Sungei Ujong). A word, therefore, may here be added as
to the lessons to be learnt from the history of the land-laws

166 MALAY LAND TENURE.

applied during the last sixty years to the only Malay State
which has yet become British territory.

In Malacca, the native system of land tenure and revenue
has never been properly ascertained and put into the shape of
an Act. It has always been, therefore, and still is, more or
less unworkable under English law. |

The lands held under the native tenure at the time of ces-
sion were not identified and registered, and though a new system
of tenure under English grants and leases was introduced, the
old native system went on extending itself side by side with
the new one.

When, in 1861, it was declared to be the intention of Gov-
ernment to put a stop to the native system of acquiring a
proprietary right by occupation, the holdings then existing
were not ascertained by a visitation or survey.

So, though the native revenue system cannot be satisfacto-
rily worked, for want of power to exact the tenth, the officials
have been unable to oblige the people to adopt the English
tenure, because lands, really only recently brought under cul-
tivation, cannot always be proved not to be old holdings under
the native tenure.

The experience of other British possessions in the East con-
clusively shews that the wisest way to organise the collection
of land revenue in an Asiatic country is to adopt and extend
the native system, to work it through responsible trained offi-
cers charged with the care of separate tracts and living in
their districts, to create a revenue side of every District Off-
cer’s Court and to have nothing to do with English law.

This paper, which has grown to unexpected proportions,
may now fitly end with a final quotation from an official
report :—

“Tt would be well if in the Protected States the history of
“ Malacca tenures were taken asa warning, and if an early
“‘ opportunity were taken of ascertaining therights of native cul-
‘ tivators and land-holders and securing to them their full enjoy-
““ment, while laying down any modifications of the native law
“‘ which may be decided on as to the future. If something of
“this kind is not done, the modern clearing will be undistin-
‘“‘ ouishable from the ancient holding and land will continue to

MALAY LAND TENURE. 167

“ be occupied and acquired on a system which it is difficult to
“ assimilate with any satisfactory land revenue scheme.’’*

W. E. MAXWELL.

gees of the Legislative Council of the Straits Settlements, 1833,
p. .

folgae be Nek x

:0:

[N. B.—The text followed in the subjoined ex-
tracts from Malay Codes of Laws is, in the case of the
Malacca Code, a copy formerly the property of the
late Mr. J. B. Wesrernout of Malacca and now be-
longing to Mr. D. F. A. Hervey, Resident Councilior
of Malacca; for the Perak Code, a manuscript in my
own possession, copied from a manuscript formerly
belonging to Sultan Jarar of Perak, and about sixty
years old; and for the Menangkabau Code, an old
manuscript once the property of a former Perak
Chief, the Raja Makota. |

178 cea

qs ee ule Fa! Gi leeso slat la ioe File ee
ent lye

ep Mey 5) Mee ol ele BY ag IpaS pdhel eal Gusto ot lye

ales ‘exe cy Ves 2) wells ol ee Ly he _puedd andl

U9 pitas ev epee le 339 dalite ay| Ss: olor oP ye >| Cu sap
al. Aes yl & SS Y5 NG Sl Oe eye ye ges 3 yw persed Ey yle epee
ws! L> Lars eos) oes

g menebas rimba yang tiada per-huma-i
orang melain-kan milek orang sahaja dua janji-nia.

Pri hukum orane

Bahwa ada yang menebas itu Islam, ka-dua bumi itu jan-
gan ada milek orang lain.

Apa-bila di-tebas-nia maka barang yang ada di-dalam-nia
itu pen-dapat-an yang menebas-lah.

Ber-mula jika ada sirau-kan ayer dalam bumi itu yang
Iebih deri-pada hajat-nia akan men-dirus tanam-an-nia dan
akan di-minum-nia serta minum-an benatang-nia maka jangan-
lah di-larang-kan-mia dan di-bahagi-nia-lah’ akan orang yang
di-hilir-nia itu.

pli asl ig’lego slaw flee 20 Jogi

pedal ek lewd gil alse os oe 25 we Sr tlpp Gow & SL We
B51 ySdlS> wilF GH Me

sl s.m the wily ai gus Bre Him GIS) MW Gayee ol [GS glo

Pada menyata-kan sagala tanah per-huma-an yang tiada
di-per-huma-i uleh tuan-nia. Maka barang siapa yang handah
ber-buat dia maka di-pinjam-nia pada tuan-nia atau di-sewa-
nia kemdian jikalau ber-kahandak tuan-nia di-kembali-kan-nia
dia. Dan jikalau iya meng-handak-i sakali akan dia saperti
bendang di-beli-uia kapada tuan-nia maka handak-lah kamu

eee 7

[Acquisition of Proprietary Right. Adjacent Owners to share
in Water privileges. Perak Code. |

The law regarding the clearing of forest-land
which has not been taken up for huma cultivation.
Such land becomes the property of the person who
clears it, subject to two conditions, first, he must be
a Muhammadan;* secondly, the land must not be
already in the possession of another person.

When such land is cleared, everything which may
be upon it becomes the property of him who cuts
down the jungle.

If there be a spring of water on the land which
yields more water than is required by the proprietor
_for watering his plants, and for drinking purposes

for himself and cattle, he must not refuse to permit
those who live lower down to share in the use of it.

[Acquisition of Land. Right.to take up Waste Land. Perak Code. |

To declare the law on the subject of upland fields
which are not cultivated by their owners. Should
any one desire to cultivate land of this description, he
must borrow it or rent itfrom the owner, and should
the latter want it back at any subsequent time, it
must be restored to him. ¢

* So, in former times, English law denied the possibility of rights over land
to non-Christians.

As late as COKE’S time, it was the theory of English lawyers that an
infidel or pagan could have no civil rights. Jews certainly had none before
their expulsion by EDWARD I. Regulations were made for their government,
and they were ultimately banished from the realm by the sole authority of
the.Crown; and they are expressly called the King’s serfs in contemporary
documents. In medigval theory, no one nota Christian could be a real mem-
ber of the State, and Christianity was one and indivisible.—POLLOCK, “Tae
Land Laws,” p. 177.

a7 ‘i a

pel ds eK lope Sho Alyce le gall
ols Cle Bl gyily aly! cota otek SU py Ke pd tle 3s Uol
SEYo dl ab Eble yo ttyy Gam & GL-db XD ale r We

epg Sais al yl e552 dxiie Jneite Gr raw

sakalian menulong sagala saudara kamu yang Islam. Ada-
pun pada suatu khiar hakim résam tanah yang tiada di-per-
huma-i uleh tuan-nia itu maka tiada sakali-kali dapat di-tegah-
kan akan barang siapa yang handak ber-buat me-lain-kan tanah
itu di-larang-kan sabab handak meng-ambil menafa‘at deri-pa-
da-nia atau tanah yang dekat dusun-nia.

3S r Bele pnd ys! 38 Als ply sxcey We PY Ylo Spi sl GLa Jgoy

oS Bagh Gado Ue Hilos JG SY ee QhS ule wal) lS Ce eS

rls al Kye s SEI fle IR ghey al ads Ce ud yrplf

asl Zolb rylyi all YKrwe SI ae r SK laf ads atti UW yd
ole OF dye) Ss i Kents aisle glo alll sald s

Ber-mula jika tanah kampong dan ladang maka ber-pin-
dah tuan-uia pulang kapada orang besar masing-masing kapada
suka-nia jika tiada waris-nia dan wakil-nia jika ladang tinggal
di-dapat maka di-tebas orang di-tebang-nia kayu-kayu-nia
kemdian maka pulang-lah kapada rimba-nia sakali-kali jangan
angkau per-bantah-kan uleh tuan-tuan sakalian karana tanah
pulang-lah ka-rimba-nia sa-kali-kali jangan angkau per-ban-
tah-kan uleh tuan-tuan padang itu pulang-lah kapada Allah
dan jangan-lah di-per-bantah-kan yang damikian itu-lah kata
‘adat,

ras 173

Should a person desire to acquire such land out-
and-out in the same manner as wet rice-land, he must
buy it from the owner. And ye must all give assist-
ance to your brethren in Islam [in permitting the
occupation of any spare land by such as may require

it].

According to an accepted opinion of the judges
as to the custom regarding lands lying uncultivated,
no one has any right whatever to oppose the appro-
priation of such waste land by any one who desires
to cultivate it, unless the owner himself is going to
turn it to some advantage, or unless it is land adjacent
to his holding, in either of which cases objection may
be made.

| Forfeiture of Proprietary Right upon Abandonment.
Menangkabau Code. |

If the owner of a plantation (kampong) or farm
(ladang) removes [and abandons it], the land reverts
to the Chief of his tribe (swku) if he have no heirs or
representatives.

In the case of a farm which has been abandoned,
that is to say, where a man has felled and cleared
forest-land and then has allowed his property to go
back to jungle, ye must by no means permit any op-
position on the part of the former cultivator to its
appropriation by another, for it is land which has re-
verted to jungle. Ye must not suffer the former
owners to dispute possession, for the field has gone
back to God, and custom declares that there shall be
no such dispute,

174: —Fi—-

calye Sly bye Gull 1 ob uytol 2 lay gl otlayes SU Ko ge 8

W>55 & Sle ol guw dots lyaiols a! gle OU wgiorl ale ali loa US.da0 ay
yl ai 25 SUS s GY dlls ler Goole Gare a! pags Os BoS Ge
Sew Sy asly adlols Whe elo Bln gi Lage Fy gunn a} | ly so CES he
Soy ay! Wo dwaily ora 9391 were ® oy Cows Boqw iy sf roy
sole iy) dikes yo Ie SsheS wily 90 Bye uprM Bg? Glo oF pS 28,8 gilts 3!
eo) JX. 3 go: os ear Or aly "leis alas! eae a} ol leals alg)

ote

Lm who ais io iste G> Ab diz Ue = 3! weg? 9°! = os! al wlos 559
Lie Jarl a) yi ne We Sal ga%) lpn gil GU Cogdold 3 yy Il 9
od> 33 Lrwlss : 2 pen al ply GU ge dl ali i! 4 45322 We
wSBae JG bl pgs Golo Cle uy 8 gee all oly so Ge usislusli

eo B38 SF pee Bl sl We US ale Leo Wle ail Coyéel ay! Iyeoo Che
aks! dla Syl le30 Chm o Yea ails x ails le D3 ) Lr tgs als

Pada menyata-kan hukum tanah per-huma-an atau ben- ~
dang ada-pun tanah itu atas dua bahagi suatu tanah hidop
ka-dua tanah mati ada-pun tanah mati itu tiada tanda ‘alamat
sa-suatu siapa yang punia hak karana yang punia dusun itu
handak-kan hasil naschaya tiada-lah lagi per-kata-an-nia pada
tanah itu maka jika di-per-buat uleh sa-sa’orang huma atau
sawah bendang maka tiada-lah dapat barang siapa ber-kata-
kata lagi karana sudah di-suka-kan yang punia dusun ada-pun
yang ber-nama tanah hidop itu di-duduk-1 orang di-tanam-1
pokok kayu-kayu-an dan buah-buah-an serta di-per-buat-nia
kampong halaman tampat itu maka tiada-lah buleh di-ambil
uleh sa-sa’orang itu-lah di-nama-i tanah hidop dan damikian lagi
sagala orang yang duduk di-dalam tanah orang atau dusun
orang maka handak-lah dia meng-ikut parentah dan jika dia
me-lawan kapada yang ampunia tanah atau dusun atau yang
di-tuan-kan-nia maka di-hukum sa-puloh tahil sa-paha. Maka ~
handak-lah sagala isi tanah itu menyerta-1 tuan-nia itu damikian
lagi di-kias-kan pada hukum kanun ada-pun jika di-per-buat
uleh sa-sa’orang dusun maka jadi dusun itu sagala yang di-
tanam-nia jika di d‘awa uleh ampunia tanah maka di-bahagi-
lah akan harga-nia tanah itu sa-bahagi kapada yang punia
tanah dua bahagi pada yang menanam baharu dan damikian

~—¥ii— 175

[Proprietary Right. What Land may be appropriated and made
the subject of Proprietary Right. Malacca Code. |

To declare the law relating to upland clearings
and paddy-land. Land for these purposes is of two
kinds, the first is tanah hidop, (live land), and the se-
cond 1s tanah mati (dead land). Tanah mati is that
on which there is no sign or token that it has been
appropriated by any one, or any grove of fruit-trees
in respect of which a proprietor can demand a pay-
ment. Regarding such land it is certain that there
can be no question. If any person proceeds to plant
upland -or wet padi on such land, no one has any right
to dispute it with him forit has been abandoned
voluntarily by its former owner.

Land which is known as ftanah hidop is that
which is appropriated by some one, either by living
on it or by planting timber or fruit-trees or by laying
out a garden or enclosure. This cannot be taken by
anyone and is called tanah hidop. ‘This rule applies
also to persons who settle on the lands or plantations
of others. As long as they live there, they must obey
the orders of the owner, and if they oppose him, they
may be fined ten ¢ahils and one paha.* Itis the duty
of all the persons who live on the land to support and
co-operate with their lord, a rule which is also laid
down in the Hukum Kanun.+

If a person plants au orchard (on the land of
another) and his trees grow up successfully, and a
complaint is lodged by the owner of the land, the va-—
lue of the land shall be divided into three equal parts,
one third shall be paid to the owner of the land, and

x § 1 tahil—gs.
} 4 paha=1 tahil.

tA separate Code. It would be interesting to ascertain whence the
Malays borrowed the Greek word k5vev or Latin Canon,

t 7G ——

palin: uv ols Gol lene ge ail sl eon pl lage ly 39 Wie glo wale
orek de uel ie ylo tls dp woos rie Js! Cslycos We Gailyi
gS) gow abel ly ss Ge Waly ail NK whe Km pal algaw (G35 | laioo
Go Sas ool oS lpr Jules past KE al ssh Asia Ste USaoeee
iG Ke all Galles gS pols a) ait ostalSou jo the lo alae
rare Aes ow eS ee Slo of ul Ke sles Gre és
el aol AG

lagi jika di-per-buat sawah bendang itu-lah ‘adat-nia dan jika
di-per-buat huma atau ladang akan tanah yang hampa itu tiada
dengan sa-tahu tuan-nia maka di-d‘awa-nia uleh yang punia
dia buleh dapat dan jikalau di-gagah-i-nia juga melain-kan di-
denda akan dia sa-puloh amas jika di-tinggal-kan uleh tuan-
nia maka di-per-buat uleh sa-sa’orang kabun atau barang sa-
bagei-nia maka di-denda uleh hakim akan dia sa-tahil sa-paha
karana iya meng-gagah hak ampunia tanah itu dan jikalau
dengan suka ampunia tanah itu tiada per-kata-an di-dalam-nia
itu-lah hukum tanah yang hidop tetap-lah hukum itu karana
di-pakei di-dalam negri atau dusun atau sagala telok rantau
sekalian ada-nia antahi.

OS bo Ce 5 oso gle & LY gle Slpes 2 yl Ke SU os

Cle Gayle LF MS ylo WAS) Gola dolls jayble col Ke Pep dy
Sl al SloY Chm ylo al Slo¥ asin yg poo 5 gwd iol 9p es RE, \ albsce
Lage Clyree Clee slo SEs sre aale dew lye Kile G2 Cgtal res

Pada menyata-kan hukum orang mem-buat huma atau
ladang yang baharu di-tebas-tebang maka di-bakar-nia uleh
sa’orang jikalau iya hangus tiada-lah men-jadi per-kata-an dan
jikalau tiada hangus maka handak-lah orang yang mem-bakar
itu di-suroh memérun sa-tengah ladang itu dan jika ladang itu
orang besar-besar ampunia ‘dia me-lain-kan di-pérun-nia sam-
pei habis sudah sakali dan jika mem-buat huma ber-kawan-

—ix— U7
two-thirds to him who has made the plantation. The
same is the rule in the case of rice-fields, laid out by
a person on the land of another. Butif aman makes
a clearing [for a farm of upland padi and vegetables |
on the waste land of another without the knowledge
and consent of the latter, who thereupon complains,
the owner of the land shall get it and if the trespasser
persists, he shall be fined ten amas.*

Ifthe landis left by the cultivator, and another
comes and makes a plantation thereon, or otherwise
cultivates on it, the latter shall be fined by the judge
one tahil and one paha for he has forcibly encroached
upon the rights of another. If it is the owner of the
land who does this, there is, of course, nothing to be
said. Such is the lawregarding tanah hidop, and it is
firmly established and followed both in towns and in
the country and in all districts and divisions of the
State.

[Huma or Ladang land. Customary Rules as to fencing and as to
the simultaneous burning of a general clearing.
Malacca “Code.

To declare the law regarding up-land farms and
clearing. If the newly-felled timber on sucha clear-
ing is fired by some one and is successfully burned,
there is nothing to be said. Butifit is not burned
off, the person who set fire to it must be ordered to
lop and pile the branches on half the clearing,
or, if it should belong to a Chief, on the whole
clearing. Ifa number of persons clear land in con-
cert, and when each has felled his portion, one of them
of his own individual motion and without any general

* 1 mas or amas=1 mayam=}th of the weight in gold of a Spanish dollar ?

us Ee

we ke Gp VE) 5m we LS bos rls We t Rushes els Ayndam ali ry hp
3 ye Se Soe yrs wits! Gol és! loge $ bi We ely & aii3| go
Sl peat ASB fpe gl aS cle Slee rae HL gs! JK Loge S lees
OF Gow gl Ge Ge gS oh Slo al 2) 9) Gob Jo he als

Dyn MKos Serle ustyou Bly Plas javle Che ylo $ lees col ols ams

kawan telah hampir-lah tebang-an masing-masing maka tiba-
tiba di-bakar-nia dengan sa’orang-nia diri tiada dengan muafa-
kat yang ramei maka ter-bakar huma orang yang baniak itu
pun damikian juga hukum-nia dan jikalau mem-pagar huma
sagala orang baniak sudah mem-pagar maka tinggal iya sa’-
orang tiada taksir akan tetapi jika sagala padi-padi orang itu
di-makan babi atau kerbau maka meng-ganti iya sabab karana
taksir tiada dia mem-pagar dan jika habis di-makan benatang
samua-nia melain-kan damikian-lah juga di-hukum-kan atas-

pia antahi.

ee eee

16 glo SE Sl a6 aly at aie Fy 51 She pry Ke YS ye 43
182 GISs0 wad vile
82a Igo add Sal yor pili Jpop
shane alle 08 SENG gol sil pS Golo che SUy of bl ald ilps
ahews &) yor Che wy\S,> wigan shane 2 R Js 38 gs eS 2" slew an! ails

oe

Pada mengata-kan hukum résam sagala orang yang ber-
tanam-tanam-an per-uleh kamu akan pagar dan parit, jangan
taksir menunggu-i-dia.

Sabermula tanam-tanam-an itu atas dua perkara suatu
tanam-an itu ada ber-pagar jika masok kerbau atau lumbu
jikalau ter-tikam pada malam menyilih benatang itu sa-bélah
harga-nia tetapi pada kaul yang sah menyilih samua-nia harga-
nia maka tanam-an itu di-silih uleh yang ampunia benatang.

—— | eT

a

agreement sets fire to his portion and the fire extends
to the land of the others, the same law is to be fol-
lowed. And if the persons interested in the clearing
set up a fence round it, and, though most of them
fence their respective portions, one person neglects to
do so, this is no offence ; but if, owing to such neglect,
the crops of the others are eaten by pigs or buffaloes,
he shall make good the loss, for it was by his neglect
in not fencing that it occurred, and if the whole crop
is devoured by animals the same law is to be observed.

[Obligation to fence. Cattle-trespass. Perak Code. |

To declare the customary law regarding the du-
ties of the owners of growing crops. Ye must all have
fences and ditches [round your holdings] and must
not neglect to watch them.”

Growing crops are of two kinds. First, those
which are fenced in. Inthe case of these, if a buffalo
or ox effects anentry and be stabbed at night [by the
owner of the crop or his people], the latter must make
good half of the value of the beast. But according
to another sound doctrine, the full value of the beast
must be made good (by the crop-owner) and the value
of the damaged crop must be made good by the owner
of the beast.

*«“The prevalence of this practice (the enclosure of cattle in fences), and
the care with which fencing is universally attended to, is the best evidence of
the value set upon land by a dense population. Their perception of the rights
of property. and their desire to maintain and respect them, are amply attested
by their many arrangements to restrain the trespass of cattle. On the other
hand, one of the most serious annoyances with which the planters of the South
have had to contend, both on their Coffee and Sugar Estates arises from the
notorious indifference of the Kandyans and Singhalese in this particular, and
their disregard of all precautions for securing their buffaloes and bullocks by
day or by night.” TENNENT’s ‘Ceylon, ” II, 532,

180 —xi—

AS yyhel & ylyaw the gle wd Ko dle Sly oli bl gals LF
is| els ont oe eygel & alg wrens slols yle as|
ial 9S ginle , gpte 8m Ke Kale yw yo Dette S55 dew SG

9S egal gl Ig als Bl geld glo De wa ale dee Gp

Ka-dua tanam-an itu tiada ber-pagar jika di-tikam pada
malam menyilih samua-nia yang ampunia tanam-an itu dan
tiada-lah di-silih-nia uleh yang ampunia benatang akan
tanam-an itu.

Jikalau siang ter-tikam sa-pulang-dua hukum-nia melain-
kan jikalau sudah masahur jahat-nia kerbau itu sa-hingga
menyilih sa-bélah harga-nia Jaga dan tanam-an itu di-silih. pula
uleh yang ampunia kerbau.

ae

Ke ussl GE OF loo gl gist 8 sieS Moo yarsy Ke of lee as

Liss Ke culealy oll oJ rlowyeSles wile ST eal sy SS prea slabs
sl.5 I ce yls a? apy | Se & ged epgdel 23 Se Igo Caper ea
COSTE wystol Sole0 Ke cl 2845 wtio l¥ UG! Byle ‘Ke Broo gale
£ tS Sloat ota $5 Je Sale GuL cul KF ge wb ee byes
wiles (Ke Glo Soe Gide Ar giole Glo yt! Garsly JR Slo F pl
SY Sarl shat, Kale oY gyylel fr aly! wljeoo Blo 2 sieS eystel als!

Pada menyata-kan hukum buah-buah-an di-dalam kam-
pong orang atau di-dalam kota negri ada-pun jika tiada iya
mem-bahagi-kan buah ituakan tuan-niadi-makan-nia ber-sama-
sama jikalau di-jual-nia buah-nia itu maka di-pinta harga-nia
sa-per-tiga dua bahagi pada ampunia kampong sa-bahagi akan
tuan-nialamadan jikaiyatiada mahu mem-béri maka marah iya
lalu di-tebang-nia pokok itu maka meng-adap ampunia pada
hakim maka di-suroh hakim bayar harga-nia pokok itu bagei-
mana ‘adat sagala pokok kayu-kayu-an yang di-dalam kam-
pong orang di-akan sagala buah-buah-an itu pun mana ‘adat-
nia yang sa-per-tiga juga dan jikalau di-jual-nia uleh ampunia
kampong itu dapat di-d‘awa-nia uleh yang ampunia lama me-

eee. O08 eres 181

~The second kind of growing crop is that which

is not fenced in. In the case of land of this kind,

the value of a beast stabbed at night in the act of

trespassing must be made good in full by the owner

of the crop, and there is no obligation upon the owner

of the beast to make good the value of the damage
done by it.

Should a beast be stabbed [trespassing] in day-
light, the rule is that twice its value must be paid,
except in the case of a notoriously vicious buffalo,*
only one-half of the value of which need be paid, and
the owner of which must make good the damage to
the crop.

[Superior and Inferior Rights. J/alacca Code. |

To declare the law regarding the fruit of trees
erowing in the kampong of another or in the capital
town, if the proprietor (of the trees) does not give a
share of such fruit to the owner of the land, so that
they may enjoy it in common, but on the contrary sells
such fruit (for his own benefit), one-third of the value
thereof may be demanded, that is to say, two shares go
to the proprietor of the kampong and one share to the
owner of the land. If the former will not give it, but
in his anger cuts down the trees and the land-owner
presents himself before the judge for redress, the judge
must order the value of the trees to be paid in ac-
cordance with the customary price of all fruit-trees
srowing in the kampong of others, and in like manner
fruit must be appraised, the above custom of dividing
in thirds being observed, and if it is sold by the
proprietor of the kampong the owner of the ancient
right to the land has the right to sue.

* Compare the rule of English law as to animals of a known vicious disposi-
tion. Coxrv. Burbidge, 13C. B. N.S. 430,

18z —xXi¥—

Vlas ryt ygial 3 So ge up | ig yine Le], 3s )9 sNlat wry gil & sed ale
ee oy dow Blo sali old yobs 2 pms OST 2 AS os jpas tee
Pe rE ym pep gle yo! & shed des ahs wo! e 38 420 yo ple
SK ol, a8 IBS eK yen 89 ay| = shes eygie! al! Ke = ge oS igs Ka
E> Bim vy Si! 2 BS gyre Vals SY less Galo ols us a) asp oy chy

so ae

lain-kan yang tiada ada per-kata-an lagi hania-lah kampong
atau dusun yang di-anugraha deri-pada raja mantri akan sa-
sa’orangada-pun saperti bandahara dan orang besar-besar mem-
béri kampong akan sa-sa’orang dengan tiada tahu dapat sampei
ber-kata akan hal-nia marika itu kapada raja ada-pun jikalau
di-ambil kampong orang atau dusun sa’orang-orang besar-
besar maka di-béri-kan-nia kapada sa-sa’orang maka uleh am-
punia kampong itu di-per-sembah-kan-nia kapada raja maka
raja pun ber-titah itu pun tiada dapat di-d‘awa lagi uleh am-
punia kampong itu karana sudah dengan sa-tahu raja antahi.

wp 2 | uw Vis sls as| oS) ‘Ke wep eS = 3! ne ce as 38
cpel ol Ar B gS 8 ysl sil ely Sms Golly Foie Ste sel ele Ios
wes lw Ge al ae sl tlle al pass a Ax 33 typ r3 Oe
shah ugiol &e) gual piel ds aly! wStaSo ilo Ele slyy lye bs gKvis
— SBS aly allots awe Lgl Aad GI oyrgr bl WSIS 0 d's

Pada menyata-kan hukum orang ber-gadei dusun maka
ber-gadei itu dua per-kara suatu harus ka-dua-nia ganda harus
ada-pun saperti sa’orang ber-gadei dusun kapada raja atau
orang kampong yang ada tanaman-nia maka tiada ber-buah
pada yang memegang kemdian itu salama lama-nia iya meme-
gang itu maka be-bérapa tahun di-nanti-kan-nia tiada jua ber-
buah maka dapat di-ganda-kan-nia uleh yang ampunia amas
itu ada-pun yang tiada dapat di-ganda-kan-nia itu dusun kelapa
pinang atau barang sa-bagei-nia tiada-lah bulih di-ganda-kan-

Te 183

A case in which there can be no question at all
(as to the right of the land-owner) is the case of a
_kampong (orchard or plantation) or dusun (grove or
tope) which is granted by the Raja or Mantri to an
individual. Regarding the Bandahara and Chiefs,
however, if one of them grants a kampong to a person
and nothing is known of it by the Raja until the case
of the cultivating-proprietor is represented to him, or
if any Chief takes the kampong or dusun of any per-
son and grants it to another and the proprietor re-
presents the matter to the Raja and the Raja con-
. firms the grant, the proprietor of the kampong has no
further cause of action, for the thing has been done
with the knowledge of the Raja. The end.

[Hypothecation of Land. Recovery of Land, &c., wrongfully
taken. Malacca Code. |

To declare the law regarding the hypothecation
of dusuns (groves of fruit-trees). Now hypothecation
is of two kinds, the first is harus (“lawful’’), the se-
cond is ganda harus (“lawful to double’’).

Ifa man hypothecates a dusun (grove of fruit-
trees) or a kampong planted with fruit-trees to the
Raja, and the trees do not bear fruit while in the pos-
session of the bailee during the whole time of his
possession, even though he wait for years, the creditor
may claim double his money.

Property in respect of which this doubling can-
not take place is a grove of cocoa-nut or betel-nut or
other similar trees. The law is that ganda does not
apply to these, and should the creditor claim it, in-

184 —XxYI—

lone gl Ue Gigi gole alee Ue pKeadpel 6 pre ‘ae tle ls
cools Sie Sle ay SE ee £ eS sf Lys ® Vas ‘a Le, u

arose ul 53 oS Crgiel Js SNe re Pa) 6S see & uy JS Se us

| pp lels 3 guaass sues ils Ke F yun) Bins Glas ¢ J sid as oe ys ay\
Use! wy ae alfos e Mas 43| dos & aS ye Siow gil & 35 Igo She
ule we ees We Bay shit Si*yu adsl S& 159 peg ae
Is) ches BE ys Sra eS T gas. Gs less ie ele flo cle elles
eee ol | oe Ce ais Uke wt GS 38 Gl gy Ge re |)
ey oS Gye ieee Wlgcro abe yo dt rol all Jemols rls BONS)

lol Ke aly! ILS glen

nia hukum-nia dan jika di-ganda-kan maka di-béri tahu ka-
pada hakim maka hakim-lah jadi lawan-nia jikaiya men-dapat
barang sa-bagei-nia benda yang ghraib kapada kampong orang
yang di-pegang-kan-nia itu di-bahagi sa-per-tiga ‘adat dan
sa-bahagi pada yang memegang gadei itu dua bahagi pada
ampunia karana lagi iya menungeu di-tampat itu dan dami-
kian lagi kampong yang di-anugraha akan orang besar-besar
jikalau iya men-dapat sa-suatu pen-dapat-an di-bahagi dua pada
yang ampunia sa-bahagi dan kapada yang men-dapat sa-
bahagi damikian-lah hukum-nia ada-pun hukum dusun dua
bahagi uleh sa’orang yang tiada ber-hutang maka di-makan-
nia buah-nia dan di-jual-nia maka datang tuan-nia buleh di-
d‘awa-nia dan damikian lagi segala orang yang di-murka-i uleh
raja-raja maka lari iya pada negri lain sebab takut-nia. Hata
maka dusun atau kampong-nia di-tinggal-kan-nia tiba-tiba di-
ambil uleh orang itu pun buleh di-d‘awa-nia pada kemdian
hari karana hak-nia naschaya di-kembali-kan uleh hakim
ada-nia antahi.

eee eS

ar oS lene Ke Ge
Ce legey yered Sipe Jo aps 1 SY e jam all avd Seel

Pri hukum ber-sewa-kan bumi. Apa-bila di-béri-nia uleh
sa‘orang laki-laki di-buboh pada sa‘orang di-suroh-nia ber-

—xvil— 185.

_ formation may be given to the judge, who shall op-
pose it. If the creditor finds any concealed property
of value upon the land of the debtor which is held
by him in hypothecation, the custom is that it shall be
divided in three equal shares, one of which shall go to
_the holder of the mortgaged land, and two to the pro-
prietor, for the finding has taken place while the
creditor isin possession of the land. The same prin-
ciple applies to land bestowed by the Raja upon Chiefs.
If anything is found thereon, it must be divided in
two equal shares, one of which goes to the owner of the
land and the other to the finder. This is the law.

Now regarding dusun there are two regulations,
firstin the case of a man to whom no debt is due, but
he nevertheless eats the fruit of the dusun and sells
it; in such a case, if the owner appears, he has a right
of action. So in the case of persons who have incur-
red the displeasure of their Rajas and flee toother coun-
tries out of fear for their safety, abandoning heir
dusun or kampong, which are forthwith taken by
others. In their case also, the rightful owners may
sue in after days, for the property is theirs and shall
certainly be restored to them by the judge. The end.

[Sub-letting. A stated rent necessary. Perak Code].

The law regarding the renting of land. If land
be made over by a man to another, the latter being
put in to cultivate it on the condition that he receives

186 —xvii—
Lyle alls cle eyed! yl eal yfleyes ail sao Saw git

thee gSptda yikes gl Grd Sl Goel yo gS lens Ge
huma, maka per-janji-an sa-suku deri-pada tanah per-huma-an

itu akan upah-nia ; maka tiada-lah harus jika di-sewa-kan-nia
dengan amas atau perak atau makan-an di-tuntu-kan-nia harus-

lah.

S onemmeeeennmnentiemeessstieees seed

oy) lpr AEs] hm Ge
sthge Gl Vga Fy 9! Che grew ipa USS aly JG! ole
bl lpm ade Sl GS abtius Cle gets GKuls | pace

is) dog yy) gam cyealdd Coded ilu csp algin aya h dog, Ipne FS gumm wyaltel,
MoS alytlabs Se) aly Glirem Bylo aed aye olyaw opr, Ss polar igen
JSer2 ab 5 Gabo al Glam iy Koy aba, uo di! aagys SY a yi gle
aly plo gree Be isl JS! eye Slo lye po ase -ji

ul> Sab p aha pao Oye cul iaai alate Gain gl the glo JY abt Iyew

Pri bukum orang yang menyewa rumah maka apa-kala
binasa dengan sa’suatu sabab-nia maka orang menyewa itu
menyilih.

Jikalau handak di-binasa-kan per-janji-an maka di-pinta-
nia-lah kambali akan sa-bélah sewa-nia itu-umpama-unia sa’orang
menyvewa rumah janji-nia sa-puloh bulan sa-ratus timah maka
di-diam-i-nia sa’bulan rumah itu runtoh atau binasa di-kira-
kirva-kan sa’bulan sa’puloh timah dan yang sambilan puloh itu
di-pinta-nia-lah kambali. Jika iya ber-kenan diam lagi di
rumah itu di-suroh-nia-lah per-baik-ki karana sewa-nia telah
di-bayar-nia ter-lebih dahulu.

Misal jikalau belum di-béri sewa-nia betapa hukum-nia ?
Maka apa-kalaiya anggan meng-diam-i di-bayar-nia-lah sewa
yang telah lalu dan jika iya handak meng-diam-i tampat itu
juga di-suroh-nia-lah per-baik-ki dan di-bayar-nia sewa yang
ada lagi pada-nia itu,

eae ie 187

one quarter of the produce as compensation for his
trouble, such an agreement is not lawful. Butif the
land be let out in consideration of gold, or silver, or
food, the amount of which is determined, this is law-
fal.

[Lease of House Property. House at risk of owner. Perak Code.|

The law affecting the tenants of houses. If the
house is destroyed by the fault of the tenant he must
make good its value.

Should the tenant desire to put an end to the -
agreement, he may demand that a proportionate part
of the rent shall be returned to him. For instance,
a man rents a house on the undertaking that he shall
pay one hundred catties of tin for ten months; he
resides there for one month, and then the house falls
down, or is otherwise destroyed ; in this case, ten cat-
ties of tin must be allowed for the one month of occu-
pation, and he may demand that the remaining ninety
catties shall be returned to him. If he likes to con-
tinue to live in that house, he can call upon the owner
to repair it for him, for he has paid in advance.

The case may be put, ‘‘if the rent has not been
paid beforehand what will the law be?” The answer
is, at the time that he refuses to live in the house any
longer, he must pay rent for the term that has already
expired ; or if he still desires to go on living in the
place, he may call on the owner to repair and must
pay all rent which subsequently becomes due,

188 See
Ie 2 gag JR ole vile She ule pyr ge lay KE

as) eg
al SK & lay QS) Gal yo 99 F Fyn sl glee esl Spey
ele> ule oli Sal lle 3S eral 5 fi aly! abo Cle x 2, 4! oS

des Ady) ce Gila of gl ou) tos, Cys 4s pol
+ Adem 9) a.

LS 8 fp A ole By 5! n¥ 5 Ips? Tye Bl GK 8 Kyaw Ole Spay
133) oy ScS ew sles aly! Si gl Bl lucy ples aldlels Clee

Pri hukum benda yang sakutu bumi dan sagala per-buat-
an dan sagala pohon kayu meng-ikut bumi itu.

Ber-mula apa-bila di-jual-nia uleh sa’orang deri-pada dua
itu akan benda yang sakutu itu kapada orang lain. Maka
di-béli-lah uleh yang sakutu itu saperti jual-an itu tiada harus
di-jual-nia pada orang lain.

Maka jikalau ber-salah-an pada kadarnia benda itu atau
pada harga-nia maka orang yang mem-béli itu ber-sumpah.

Maka jikalau ter-lambat di-tuntut-nia deri-pada-nia me-
Jain-kan ‘uzur-nia binasa hukum benda yang sakutu itu.

Ber-mula jika sa’orang sakutu itu suka men-jual kapada
lain orang dan yang sa’orang tiada menyuka-kan maka di-
ambil-nia-lah sakalian benda itu atau ditinggal-kan uleh yang
tiada mem-per-kenan-kan-nia itu.

=x 189
[Joint-proprietorship. Perak Code.|

The law regarding property which is held in com-
mon—land, and cultivation of all kinds and all fruit-
trees which go with the land.

If any property so held in common be sold by
one of two joint-proprietors to a third person, though
the other joint-proprietor be willing to purchase it
on the same terms, such a sale is illegal.

If there be a disagreement as to the nature of
the property sold (¢.e., whether it is part of the joint-
property or not), or as to the price of it, the purchaser
must be put upon his oath.

But if there be delay in making the claim (on
the part of a joint-proprietor whose interests have
been prejudiced by the sale of some of the joint-pro-
perty by another joint-proprietor to a third person),
unless this be caused by ill-health, the law of joint-
proprietorship shall cease to apply.

If one of two joint-proprietors is willing to sell
joint-property to a third person, and the other is un-
willing to do so, the latter must either take over the
whole of the joint-property or must relinquish his
interest in it to the other [at a valuation ?].

E90 —xxl1—

APPENDIX II.

ee

CLAIMS OF IMPROPRIATORS. MALACCA LANDS.

Tuesday, 10th October, 1826.

The following European and Native Landed Proprietors were
assembled this day at the Resident Councillor’s Office for the pur-
pose of enquiring into. the particulars detailed below :—
| B. De Wiyp, Esq.
J. B. Westernovt, Esq.
G. Korx, Esq.
A. VELGE, Esq

The Captain of Malays :—

ARoom
Manmar Tyre,
LOERIEN,
Booroz,

) Inchis.

M. Dr Souza was present by proxy in the person of his son.

Messrs. De Wit, D. Koxrx, and G. pz Souza, the Captain
Kling and Dosso Bindasa were requested to attend, but unavoida-
ble circumstances detained them elsewhere.

The above meeting took place for the purpose of ascertaining the
nature of the agreement subsisting respectively between the Gov-
ernment, the landed proprietors, the Penghulus (or intermediate
officers between the landed proprieters and the tenants), and the
immediate cultivators of the soil.

1.—Between the Government and the landed proprietors.

On a reference to the records in the Registrar’s Office, it would
appear that some grants expressly state the right of Government
to resume the land, and all, so far as the inquiry has gone, seem to
indicate an ultimate right of this nature.

The grantee, by the records, is generally supposed to receive
the land under an engagement of clearing the same of jungle, and
the right of resumption on the part of Government would seem to
arise from the non-fulfilment of this expressed or implied duty on
the part of the grantee.

In regard to this clause, implied or seemingly understood in
favour of Government, the present proprietors state that, without

—xxll1— 19L

questioning the absolute right of Government on this point, they
consider themselves as possessing in equity a full and inviolate
title to their grounds, inasmuch as the land has been sold to, and
handed over during a series of years to various individuals without
any mention being made of such inherent reservation affecting
their title. On being required to produce their title deeds and
grants, the present landed proprietors can only show Bills of Sale.
They state that all sales or transfers of land were made in the
Court of Justice, which body detained all previous papers and
deeds on delivering up the last Bill of Sale or Transfer, and that
the Court did not intimate to them the reservation above, to which
it was their duty to do, if such a right be recognised on the part
of Government.

The proprietors acknowledge that they consider themselves
bound, on the requisition of Government, to keep in repair all es-
tablished bridges and roads running through the grounds, and to
clean the banks and body of the river bordering on their estates
from nuisances. But that all new roads are to be constructed at
the expense of Government, who can carry such roads through any
part of an estate, after intimating their intention to the immediate
proprietors of the soil.

The proprietors acknowledge also, that in cases of emergency (if
any such should occur), they are bound to provide for the peace of
their respective estates by embodying a police from among their
tenants.

2.—Between the landed proprietors and the Penghulus.

The appointment of Penghulus is not obligatory, but is left to
the free will of the proprietor, being solely for his own convenience.
On small estates there may be no intermediate officer. On estates
somewhat larger, but possessing a paucity of tenants, there may
be a mata-mata, who, under a more modest designation, is de facto a
Penghulu, both in power and privilege. On estates possessing 15
or 20 houses, there is usually a Penghulu appointed. On exten-
sive estates, there are several Penghulus, one being generally ap-
pointed for each respective quarter of an estate, which may incor-
porate parcels of ground of different names.

The Penghulu_and Mata-mata are exempted from any tax or
assessment on their property, and are supposed to settle all disputes
of minor importance subsisting among the tenants. But this is by
simple compromise, as they possess no judicial powers. They pay
regard to the tranquillity of the estate, and are the medium of
communication between the landed proprietors and the tenants,

192° —xxiv—

The Penghulus are not Government Officers in any sense of
the term, and prior to the British authority receiving over Malacca
on 9th April, 1825, Government did not, in any respect, interfere
with them. Since that period, the Penghulus have been compelled
to appear in Court, to take an oath for correctly exercising their
authority.

3.—Between the landed proprietors and the tenants.

The tenant settles on an estate by the verbal permission of the
proprietor. There is no express law as to the rate of rent payable,
but the custom in general is for the landlord to receive 10 per cent.
upon all the produce of the soil, although, in some particular in-
stances, so low as 6 per cent. has been accepted by way of encour-
agement. When spices or pepper are to be planted, there is usual-
ly a separate and sometimes a written engagement made, and no
tithe is levied for the first 3 or 4 years.

During the Dutch administration, the inhabitants were not
permitted to cultivate padi, and the produce of the estate consisted
chiefly in fruits, wood and charcoal. Padi cultivation is however
now extending in all parts. The tithe of padi, spices and pepper
is usualiy received at the residence or stores of the cultivators, and
in most cases this tithe is taken by estimation rather than by ab-
solute measurement, which is found to be inconvenient. But the
tithe of other articles is generally received in cash, after the same
have been disposed of, and in case of apparent fraud, the sale must
be traced, in order to ascertain the truth or error of such a suspi-
cion. The land-holder possesses no right to establish his own mode
of assessment or revenue, whether as to time, or place, or rate.
In the collection of these tithes, some proprietors farm out their
revenues, and others receive them through their own agents.

A tenant may sell, transfer, devise, &c. the portions of land
he may cultivate, and he is free to cultivate the soil to any extent.
He may quit the estate at his free pleasure. But the land-holder
cannot force him off the estate without just cause of offence.
When this exists, a proper time must be granted to the tenant to
enable him to dispose of his property.

Tf such tenant appears dilatory in effecting his arrangements,
the land-holder may assemble the Penghulus and elderly people as
a committee of appraisement, and the land-holder paying the amount
according to their estimate, can oblige the tenant to quit the estate.

If the tenant feels aggrieved with the conduct or the judgment
of the Penghulu, he is to apply to his landlord, and in all cases,

—xxv— 193:

without exception, where disputes or differences of opinion may
subsist between the tenant and his landlord, which cannot other-
wise be compromised, the appeal lies to Government. pac

Wednesday, 11th October, 1826.

As the nature of the landed tenures, so far as respects the re-
lative right of Government and the landed proprietors, remains
involved in some obscurity, the following order was issued, and it is
believed that the question at issue will be satisfactorily elucidated
when the Register required in this order may be completed.

With a view to ascertain the precise nature of the landed
tenures, so as to complete the information which was yesterday
elucidated at a meeting of the principal landed proprietors, the
Dutch Translator is requested to examine the records in the office
of the Registrar, who is to assist in the said enquiry, and extract
from thence the particulars necessary to fill up an Abstract Regis-
try of the following form :—

Abstract Registry of the Grants of Land made by Government
from the earlest periods to the Inhabitants of Malacea.

| a=) ! By il
: eae lee ee fe
= : oo ane al Se
3 8 Fo eae ie ia
6 4 35 S28 |SB ols

6&8 = 8 See glwoxl|a , REMARKS.
6 2 DQ bo] 4 OO esc wa
© Byrd) o Sl Spledblad
® ra ro Ss SS8iqoao|oo
A ~ = aus aodiaPlosoies
fe) fs = 3 loPrl go 2/10 ef
A (an) Zi Zi (= (== (an)

The Land Surveyor will also draw up a draft of the Territory
of Malacca, grounded upon the map in the Resident’s office. In
this draft, the Land Surveyor will trace, in double lines, the several
divisions according to the original grants of Government and with
Roman letters will refer to the foot of the map, or to an appended
Schedule, exhibiting the dates of the original grants, names of the
grantees, and other particulars as set forth in the Register to be
completed by the Dutch Translator as aboye directed. The Land

194: —X1xVI—

Surveyor will then trace off, with colours only, the present distribu-
tion of territory, using numbers, in lieu of Roman letters, for
references as above.

As this Register and the map are to be be submitted to the
Hon’ble the Governor, the period of whose arrival is very uncer-
tain, the Dutch Translator and Land Surveyor are requested to
exercise such practicable expedition as may be compatible with a
clean elucidation of the points in question. .

Extract from a Minute by Mr. Futtnrton, Governor of the
Straits Settlements, dated the 24th of November, 1827.

All the papers connected with Lands of Malacea being under
preparation for transmission to Bengal, | now record a minute to
accompany them, being an abstract of past transactionsin that
department.

The Lands of Malacca extend along the coast of the Malay
Peninsula 39 miles, their greatest breadth inland, without including
Naning, 28 miles, containing square miles 654, or acres £18,560. Of
this, 500 square miles, or acres 320,000, are capable of wet rice
cultivation, and of which 500 acres are now supplied to be actually
cultivated. Of the dry lands, acres 10,000 may be supposed to be
planted with fruit trees, or in gardens, acres 88,560 waste and
covered with forest.

The whole of the lands appeared to have been assigned over
to certain of the inhabitants nearly one hundred years ago. On first
enquiry and examination of the deeds held by the present pro-
prietors as they were called, descendants of the first grantees, the
Government were lei to view them as absolute proprietors and
owners of the soil at full liberty to rent and derive the utmost
advantage from them. Ona further enquiry, however, and the ex-
amination of the Dutch records, it was found that only the
Government right of levying from the resident inhabitants a tenth
of the produce had been granted to them, and Proclamations were
discovered interdicting, under heavy penalties, the demand of any
rent or tax beyond the tenth of the produce. he persous thus
investing with the Government right, it appeared, took little pains
to encourage or extend the cultivation. Residing at Malacea and
never quitting the town, the right of levying the tax was sold
annually to certain Chinese inhabitants, who appear to have exer-
cised over the inhabitants the right of compulsory labour anda

——EXVii— 195

degree of power inconsistent with the improvement of the country.
In reality, as the exercise of Police functions seems to have been a
part of the tenure, the whole authority over the country rested with
a tew Chinese contractors. In order to open to Government the
means of direct management of the lands with a view of encour-
aging and extending cultivation, as well as maintaining due con-
trol over the inhabitants, the redemption of the Government right
to the tenth from the persons called proprietors presented itself
as a most desirable measure. The collections having been rented,
and the renters supposed to gain considerably, it was calculated
that, by agreeing to pay to the proprietors a sum, even a little ex-
ceeding that received by them at present, little, if any, immediate
loss would be sustained, and the Government would, besides the
levy of the tenth on the lands actually occupied, be entitled to dis-
pose of the waste and derive a growing revenue from the gradual
extension of cultivation and increase of produce, to a portion of
which they would be entitled. A settlement was accordingly
made with the proprietors, whereby Government agree to pay an-
nually according to the list. In consideration of which, the pro-
prietors agreed to make over to Government all right derived from
previous orants given by the preceding Government, surrendering
all such as were in their possession. More than a year having ex-
pired, the following is the result :—

The total amount to be charged against the land.
First, payable to former Proprietors, ...16,270 0 0O

Second, Contingencies, ... etn TAG OO
Third, Establishment, ag ... 4,560 O O
HOTS By)

Collection, ...15,40012 1

Difference, ... 5,574 9 8

—_———_——

R. FULLERTON.

Statement of Lands lately taken Yy Government.

J. B. p—E WInD, ..4,500 O00
Heirs of A. Kork, a “2,000 00
AGA \CELGE Os iy ee 1. 000° 00
Mrs. WESTERHOUT, a6 ...2,000 OO
Heirs of Dr Costa, oe ... 700 O00

Carried forward,...10,200 O00

—

96 ——XxVylli—

Brought forward,...10,200 00

Daniet Koex, ae 850! 706
Appa Kacuit, ae .. 1,500 2°06
Manvet pe Souza, a ... 400 00
Mr. Westernoutr, & ree >. ADO See
Intje Sourry, os LOS 2G

RON: oe ary so. S002 00

» SARIAH, ee .. LOGOS
Heirs of Samsoop1y, A OO IO8
Mr. WesterHovt, (Malim), fs LAOS IO8
Intje SaDEau, (Bertam), -- L205 700e
SEWwA SANGRA, Chetty... .i. OOOO
SEDASSUAH, ... A oO ae
Mount & Co., ee os Om
Hadjee ABOOBAKAR, ua ... 800 00
Intje Aumip & Co., ae 7 BSU) Oe

» Momrr Hayrer, oe .-. 800 00

, AHAMIDAH, ie > LOORIG8

Total Sicca Rupees,...16,270 00

—

A. M. BOND,
Malacca, November 2nd, 1829. Assistant Resident.

List of Allowance to the Panghuloos stationed at the different parts
in the Interior from 1st July to 80th June, 1829. |
July, 1828. 18 Panghuloos at 10 Sicca Rs. per

month, each + 180 RIOR
August, Ripe MOULLO ditto, .. as vw LBOROS
September, ,, ,, ditto ChittiOme ji. LSORIOG
October, 5 ieee clntito Cito: «.. 18006
November, ,, ,, ditto ON ARC Heys >. L805 300
December, ,. ,, ditto AittO.a ..« 1805-00
January, 1829. ,, ditto GitbO; nt ..« 180 308
February, =; .4 ‘ditto GIshOs a. ... 1802360
March, Jone CUIetoO GbOse. ve DLO
April, St aCe ditto, -.. .., 210 Ge
May, 5 a6 Vditte cnGtoe. 7 «a» 1607208
June, 3 as UENO qitton 2. .- 1607 Gee

co eee

Total Sicca Rupees,...2,180 00

ee

A. M. BOND,
Malacca, the 29th October, 1829. Assistant Resident.

—Xx1x— 197

Extract from a Letter from the Honourable the Court of Directors,
dated 30th September, 1829.

156. The investigations requisite for the adjustment of the
landed tenures at Malacca have, we are happy to see, been satisfac-
torily performed, and the adjustment itself completed. The follow-
ing are the points which have been ascertained :—

1st.—That the pecuniary claim of Government upon the soil,
by the custom of the place, and of the neighbouring Malay States,
amounted to one tenth of the produce.

2ndly.—That the persons called the proprietors, mostly Dutch
colonists resident at Malacca, were merely persons to whom Gov-
ernment had granted out its tenth, and who had no other claims
upon the produce, nor upon the occupiers, not founded in abuse.

3rdly.—That the occupiers, therefore, were the real proprietors
of the soil. |

4thly—That the Panghooloos were merely the Agents of Gov-
ernment, or of the persons called the proprietors, for collecting the
tenth share, and performing certain duties of the nature of Police,
attached by custom to the proprietorship.

157. We are extremely glad that you have baen able to effect,
with the body of proprietors, an arrangement whereby they make over
to you the whole of their rights, for the fixed annual payment,
about equal to the present amount of their annual receipts. You
propose to manage the lands directly on account of Government,
employing the Panghooloos as Collectors and Police Officers. They
are probably the most efficient instruments whom, in the present
state of society at Maiacca, you have it in your power to employ.
They will, however, require a vigilant superintendence, and the more
so since the administration of justice, as at present organised,
does not afford to the cultivators so accessible or expeditious a
means of redress in case of their sustaining any injury, as to dis-
pense with the necessity of other securities.

158. You have reserved, as the privilege of Government, the
absolute disposal of all lands hitherto unreclaimed, or which here-
after be suffered to run again into forest and remain unproduc-
tive for five years.

159. The limits of all lands occupied by individuals are to be,
as soon as possible, determined by survey, and defined by Grants
duly issued and registered. All future transfers of landed proper-

198 ) pees

ty are likewise to be registered ; all these arrangements are highly
proper.

160. You have prepared a “ Regulation for declaring the rights
of the Government over the lands within the territories of Malacca
and providing for the due collection of the Government share of
the produce thereof.” This Regulation, consisting of thirteen para-
graphs, you have. transmitted for the sanction of the home autho-
rities. We have already separately expressed to you our appro-
bation of most of the arrangements to which this Ordinance in in-
tended to give effect. We have now to add, that it is worded with
remarkable clearness and precision and the rights of Government
and of the occupiers are exactly and at the same time concisely
defined. We, therefore, in conformity with the provisions of the
Act 53: Geo. III Chap. 155, hereby sanction, with the approbation
of the Commissioners for the Affairs of India, the draft as a Regula-
tion which you have submitted to us, and of which we have already
transcribed the title; and we direct this Regulation be promulgated
and enforced, on the receipt of this despatch.

A. M. BOND,
Assistant Resident.

Extract from a Minute by Mr. Fur.srton, dated the
29th January, 1828.

In my minute of the 5th July, 1827, I entered into the consi-
deration of the land tenures, but rather to record the apparent
contradiction in terms or incompatibility of a supposed ownership of
land with a right of levyimg no more than 10 per cent. of the pro-
duce, or without that of forbidding the occupancy of land except un-
der such term as might be agreed on between parties. The main and
express objectof that minute was to excitefurther enquiries and draw
forth further information onthe subject apparently little understood.

Mr. Lewis has now made a further report, and has submitted two —

documents out of the records which lend to throw much light on
the whole subject. I allude to the order issued by the Dutch Gov-
ernment in the year 1819 referring to one of 1773. These documents
render clear the terms and understanding under which the persons
denominated proprietors hold their lands. It expressly interdicts
and prohibits proprietors from levying as a tax from occupants of land

—XXxi— 199

more than one-tenth of the produce. rom this it appears that
the Government of the day gave up to the proprietors, not the
absolute right or ownership over the land, but only the Government
right over it, that is, the tax of one-tenth of the produce. As far
as I can trace from every enquiry, it appears that along the whole
Eastern Coast of the Bay of Bengal from the commencement of the
Burmese ‘Territories to Point Romania, the right of the Sovereign
is supposed to consist of one-tenth of the produce.* ‘The owner-
ship of the land is originally vested in the King, by whom it is
made over to subordinate occupants to cultivate and render pro-
ductive, on the term of yielding a tenth of the produce of every
article.t The object of the late Government in assigning to the
persons designated as proprietors the right of levying a tenth, pro-
bably was to make it the interest of certain individuals to introduce,
encourage and extend the cultivation of the lands. In some deeds
those terms are expressly mentioned. How far that object has been
attained will best appear by the former report of Mr. Lewis. It
appears by that report, that of 1,490 square miles, only acres 5,653
are in cultivation. It appears that so far from the persons called
proprietors taking any pains to that purpose, they never even
visit these estates, that they do not even themselves collect their
tenth, but rent it in the mass once a year to a China contractor by
public sale, who, having only one year’s interest in the country,
extracts from it the utmost he can, and it appears not only from
the report of Mr. Lewis, but my own enquiries, that an excess is
sometimes levied beyond the tenth, moreover that services are re-
quired, and labour exacted, from the tenants ; in short they are kept
in a state of vassalage and servitude quite inconsistent with the
encouragement of cultivation. ‘The right of levying the Government
-rent carries with it all the rent power of the State. That right vested
in the Dutch proprietors, by them transferred in the mass to Chi-
nese, has established a power and influence in that class too great
even for the Officers of Government to hold in check. The advan-
tages, therefore, that would result from the redemption of the rights
of Government are too obvious to require further illustration.
The present proprietors are stated to be willing to part with their
privileges on certain terms and conditions. According to my idea,

*T exclude that portion of the coast held by the Siamese Government.
It is known that the Chief of Ligore takes in kind 40 per cent. of the pro-
duce, leaving to the cultivator bare subsistence.

7 Here then we find, as in many parts of India, two distincét rights :—(1)
The right to the Government tenth. (2) The right of occupancy vested in the
subordinate tenant on their paying the tenth.

200° —XXxX11—

these should be settled on the principle of tendering them in the
shape of an annual payment the full equivalent of which they now
receive. That is to say, the proprietors should agree on their own
behalf and that of their heirs to surrender and deliver up all rights,
privileges and advantages, resulting from this present title, to

Government, receiving in return a certain annual sum, payable as
' long as the British Government shall remain in possession of
Malacca. It might have been expedient to have awaited the orders
of the Hon’ble Court of Directors before such a measure was car-
ried into execution, but it appears to me that the case admits of no
delay. Unless immediate advantage be taken of the disposition
evinced by the proprietors to part with their titles, the object may
be entirely defeated, for it is impossible to say what complicated
rights may arise, and come into judicial decision which may oppose
difficulties to future arrangement. It is clear that, by agreeing to
pay a sum equivalent to the present amount of their receipts, or
even something more—the right being rented and a certain excess
of profit, without reckoning undue exaction, must remain to the
contractor, and which would, of course, be levied by the Officers of
Government—no loss could occur. In support of such an arrange-
ment, and to induce consent to such, it may be pointed out to the
proprietors that, by their tenures, they are bound to perform certain
services, which, though neglected by the late Government, will be
required under our administration ; that in all old Grants the right
of Government to impose a land tax is expressly reserved, is indeed
inherent in every Government, and must, in all probability, be
reverted to at no distant period, as it is not to be supposed that
Government can be at the expense of affording efficient protection
to the country without some contribution of the people. levied in
all other countries for purpose of Government. The titles to many
of the principal estates as they are called, I have reason to believe
are of a very questionable nature, and if strictly scrutinised would
be found probably very defective : they have on some occasions been
acquired, and their limits extended by the exercise of private and
undue influence rather than the sanction of public authority. The
circumstance of their having been long in possession of the right,
such as they are, is the main argument to induce the offer of pecu-
niary compensation for their redemption. Should the proprietors,
as they are called, decline coming to terms, a strict investigation
must take place; the terms expressly stipulated on those quoted in
Mr. Lewts’s last report, that is, the right of resumption must be
exerted whenever they can be traced. The offer of paying an
annual sum to the proprietor involves no admission of their claims,

—XXXill— 2Ok

for it must be understood that only on their accepting these terms
we waive all enquiry. It would appear that many of the original.
title deeds lodged in the Offive of the Court-have been made away

with, I entertain. little doubt, by persons interested, and that the
right of resumption and the provision for cultivating and improving
them was inserted in all. Should the proprietors assent to the

transfer, our course will be very clear; we shall then stand in their
place in relation to the actual tenantry. The possession of the

lands now occupied and cultivated must, of course, be ensured to

them, that is, on the payment of the regular tenth and no more, due

notice must be given them that all existing rights will be carefully

preserved to them, that regular papers will be given to them

specifying and defining the land attached to each, and securing

possession to them and their heirs on the established terms. They

must be told that they are relieved from all vassalage and feudal

services whatever, that their labour is free, that in rendering the

tenth of the produce, all pecuniary obligations due to the State are

fulfilled, and that for every article required over and above, pay-

ment will be made. It must, however, be understood that the set-

tlement to be made with the occupants will embrace only the lands

actually cleared, occupied and cultivated; to all lands actually

waste and forest the right of Government is reserved; for the

gradual clearing of all such lands, arrangement must from time to

time be made by the Officers of Government, and in this respect

the known and established principle will be observed. That is, to

grant cutting papers to such as may apply, to allow to the parties

the oceupation of the land free of any payment for a given number

of years, after which to be liable to the payment of the established

tenth or such other terms as Government may settle with the

parties. In acountry where the soil is particularly rich and fertile,

the climate peculiarly favourable and healthy, where due care and

attention exist towards the protection of the persons and pro-

perty of the inhabitants, influx of population and great extension

of cultivation may be reasonably expected.

Having made these observations respecting the lands, and
proposed a certain course to be eventually pursued, the next point
for consideration is the Police of the country. From the report
of Mr. Garurtne above alluded to (of the 11th December), 1 infer
generally that there exists no Police in the interior, that the
authority of Government has never been established, that the few
inhabitants occupying lands near our frontier are subjected to con-
stant annoyance from the Chiefs and inhabitants beyond them,
thatthe proprietors can neither collect their tenth, or even prevail

209 —xXxlv—

on any one to reside there. It appears from Mr. Lewrs’s report
that certain persons under the Chief of Moar have been allowed
to establish themselves within the boundaries known from time
immemorial as the boundary of Malacca up to Mount Ophir; that
this encroachment has been brought about by the aid- and conni-
vance. of a Dutch proprietor, who was content to act as sub-renter
of that Chief, who brought persons into Court to depose to points
affecting the limits of the territory; thus, by a strange inconsis- .
tency, the sovereign rights of Government, determinable by them
only in the Political Department, were brought into discussion in a
Municipal Court, which had no jurisdiction whatever in the case.
The circumstance of a Dutch subject coming forward to infringe the
limits of Dutch territory, affords proof of the singular power
assumed by the individual, and the strange laxity and inattention
of the Government to their own interest. It would appear indeed,
from all I can learn, that the whole time Malacca remained under
us, from 1795 to the end of 1818, the public authorities took but
little interest in the affairs of the place. Holding it only for a time,
the Dutch laws continued in force, and the Dutch Court of Justice
was continued in operation, but instead of confining its powers to
its proper duties—the administration of Municipal Law—the case
before us shows that the Court in reality performed the functions
of Government. I mention this subject now, in order to induce
caution on the part of the public Officers in parting with the
Records of the Dutch Court in Judicial Proceedings, since it seems
evident they contain as much matter of Government as of Justice ;
the whole of the Records should, therefore, be kept as Govern-
ment Records, the Officer of the Court of Judicature being
allowed to inspect, examine and take copies when required.
In respect to the measure to be pursued in order to effect the
removal of the persons from Moar, and the restoration of the
integrity of our territory, 1 am of opinion a letter should be written
to the Chief of Moar to recall them. If not attended to, the gun.
boat with a party of Sepoys and a careful person may be sent up
to a proper position to insist on their removal, but I apprehend
little fear of opposition to our wishes. In respect to Police general-
ly, it may be observed that, so long as the present persons called
proprietors coutinue to levy their tenth, they must perform the reci-
procal obligation imposed by their tenure of maintaining the peace
of the country. In not performing that duty, they have entirely
failed in their obligation to the State. Were the Government, there-
fore, now to maintain Police Establishments, it would only be to
incur an expense which the proprietors ought to pay, and they
should be distinctly informed that so long as they exercise the pro-

—XXKV— 203.

per functions of Government in the collection of the tenth,
deriving the profit thereby, they must perform the reciprocal duty.
Another duty properly belonging to the proprietors is that of
repairing roads, bridges, paths, &c.; this duty appears to have
been much neglected ; by all account the roads are by no means in
the state they used to be, and ought to be in; the little labour that
has been bestowed, I suspect to have been the forced labour of the
inhabitants, extracted from them by the proprietors, and not paid
for. Should the proprietors agree to part with their titles on rea-
sonable terms, the establishment of a regular Police will not be a
dificult matter. The enquiries I have made confirm me in the
belief that the Panghooloos are the fittest instruments of Police,
they appear to be the principal inhabitants of these villages or di-
visions. Their proper duty has indeed been to levy the tenth on
account of the proprietor. When the proprietor puts his right up
to outery and sells to a Chinese contractor this duty seems to be
done by the contractor himself, much to the prejudice of the
people; the Panghooloo continues, however, to enjoy the immu-
nitics of his office—exemption from the payment of the tithe. Two
of the Panghooloos I met with at Ayer Panas, distinctly informed
me that their fathers were the Panghooloos before them, and that
they expected their sons to succeed them. I infer that by the custom
of the country the office is hereditary in families, and I think the
admission of such practice generally beneficial, as more likely to
ensure good conduct and being consonant to the idea of the people.
To render the Police efficient throughout the country, it would
only be necessary to appoint the Panghooloo the Superintendent of
the Police, to use the European term, Constable of his division, to
allow him one or more Peons, to explain to him his duties, they are
in this case very simple—to seize, and send in all persons breaking
the peace or committing crimes and offences, and to execute orders
from the superior Magisterial authorities of the country; other
duties naturally present themselves—that of keeping a correct list
of all the inhabitants of his division, their characters and mode of
life, requiring all newcomers and passers by to report themselves,
allowing no person to settle without a register, or report to and
license from superior authority. In their Revenue capacity, that is,
as a servant of the proprietors, eventually of Government, his duty
will be to collect the tenth, to report the state of the crops and of
the general cultivation. The duties, if I may use the expression,
of Revenue and Police are so blended, that they can best be per-
formed by the same person. As to the argument that. may be used
in respect to abuse of powers, we must recollect that all power in
human hands is liable to abuse, that abuse would probably be

DOL —xXxviI—

- greater, certainly not less, by the employment of a separate stipen-
diary establishment of strangers—Chuliahs or Chinese. Abuse of.
power can only be prevented by constant local supervision of the
Public Servants of Government, and whether the rights of Govern-_
ment are redeemed or left with proprietors, the occasional presence
and inspection of Public Officers is indispensable. The expense of
erecting a few bungalows in different parts of the country would
be very trifling, and I propose that no time be lost in their com-
mencement. They should be built at different directions, at intervals
of from six to ten miles,** and the roads between them made and
kept in repair. To facilitate the means of communication is the
first step to improvement and extension of cultivation. When
ready means of access are afforded, when men find that they are.
alike secure at a distance from the town-as they are on the spot,
the lands then will be occupied and brought into cultivation, and it
is only when that general protection shall have been fully establish-
ed that we can expect Malacca to assume the appearance of a
British Settlement. The communication between the Public Off-
cers and the people should be at all times direct, free and unreserved.
The interest of Government can never be separated from the pros-
perity, protection and happiness of the people. We can, therefore,
have no object in deceit or concealment of our intention towards.
them, and from the knowledge possessed by Mr. Lewis of the
language, habits and customs of the Malays in general, I am led to
hope his endeavours will be successful in leading the inhabitants
ofthe Malacca Territories fuily to understand and duly to appre-
ciate our views in regard to them.

APPENDIX III.

COURT OF JUDICATURE OF PRINCE OF WALES’
ISLAND, SINGAPORE AND MALACCA.

Malacca, the 7th day of March, 1829.

Before Sir Jouy Trromas Cuaripce, Recorder, and SaMvuEL
GaB Linc, Esquire, Resident Councillor.

* At Naning, at or about Tualang Hill; at or about Pangkalan Naning; at
Ayer Panas; at talf-distance; at the Pepper Plantation; at Supan Hill;-at-
Garling Hill; at Lingy.

—XXxXVliI— 205 .

ABDULLATIF v. ManomMEeD Mrera LEzE,

Action to recover possession of a certain piece or parcel of

After hearing the evidence of both parties, piaintiff Nonsucted
with Costs.

N. B.—In this case, it was proved that in the territories of
Malacca the owners of the soil and the cultivators of it are entire-
ly distinct persons, exceptin, and in the immediate vicinity of, the
Tow

own.

That the owner of the soil cannot eject the cultivator as long
as he continues to pay him a certain portion of the produce-—gene-
rally one-tenth.

That the owner of the soil may sell, or otherwise dispose of
his interest, without prejudice to the cultivator, and the cultiva-
tor vice versa.

That in case the cultivator allows the land to lie waste, the
owner of the soil may eject him by due process of law.

That the fact of lands lying uncultivated for periods, is evi-
dence of waste.

That the period for paddy is ; ... 8 years.
Cocoa-nut trees and other fruit-trees is... 3 years.
Gambier, a ee Peon Vea
Pepper, ote: ai eek, Mears

oe

SUPREME. COURT.
Matacca.
Before Sir P. Benson Maxwe tt, C. J.
March 17, 1870.
Saurip v. MitcHeLL anp Enpain.

Trespass. Meaning of the expression “hold by prescription ”
used in sec. 12 of Indian Act 16 of 1839, with respect to lands in
Malacca.

~-* Extracted from the Civil Court Book for Malacca, Vol. 1.

206 —XXxVili—

Tue Curr Jusrice:—This is an action of trespavs. The
petition contains two counts—one for expelling the plaintiff from
his land and preventing him from reaping the growing crop; the
second, for breaking and entering into his dwelling house and
expelling him from “it, whereby he was prevented from carrying
on his business, and was compelled to procure another dwelling.
The first three pleas deny the trespass and the possession. The
fourth alleges that the plaintiff, not being a cultivator or resident
tenant holding by prescription, was, by a duly served notice, in-
formed that the land in question had been assessed by Government
from the Ist of January, 1870, at 97 cents per annum, and was
therein also called upon by the Collector to take out proper title
for the land, within a month from the date of the service of the
notice, and that in default he would be ejected. The plea then
avers that the plaintiff would neither comply with the terms of the
notice, nor remove from the land within a month; and that the
defendants, by the order of the Collector, and in the exercise of
the powers given to him by Act 16 of 1839, assisted him in one
the plaintiff, which are the trespasses, &c.

The Act referred to authorises the Collector, by section 3, to
eject persons in occupation of land otherwise than under a orant
or title from Government, if they refuse to “engage for or to
remove from” it within a month from the date on which they are
called upon by him to enter into such engagement or to remove.
But the last section of the Act excepts from its provisions ‘ such
“cultivators and resident tenants of Malacca as hold their lands by
“prescription, subject only to a payment of one-tenth part of the
“produce thereof, whether such payment be made in kind” or in
money.

The trespass was clearly proved ; indeed, it was in substance ad-
mitted. It was proved or admitted that a notice in the terms stated
in the fourth plea, signed by the Lieut.-Governor, had been served on
the petitioner a month before, and that by that officer’s orders, the
defendant Mircuetz, a Clerk in the Land Office, accompanied by
another Clerk of the same Office, went in company with the other
defendant, Enpa1n, who is a Police Duffadar, three other Police-
men, and an European Inspector, to the house of the plaintiff at
about 11 a.m. on the 24th December. The Policemen were armed
with swords, and one of the Europeans with a double-barrelled gun.
The plaintiff was absent; but they turned his wife and family out
of the house, and the furniture was removed from it by their orders.
The garden and paddy land were also taken possession of; they
were afterwards sold by auction by Mitrcuexz; and the plaintiff

been used, viz., in the sense of ‘custom,

. tray!
—xXxx1xX— 207

was kept out of possession down to the present time. The plain-
tiff's wife made some imputations, in the course of her evidence,
on the conduct of defendants and their comrades, in aggravation of
the trespass, to the effect that her box had been broken open and
some money taken from it, and that some of her furniture had been
broken; and she also spoke of a threat to burn down the house if
she did not leave it; but, as I stated yesterday at the close of the
ease, I did not think the imputations sufficiently borne out to be
entitled to credit. They were denied by Mrircueri; they were
not corroborated, as they might have been, if true, by other testi-
mony; and I had no evidence that any complaint had been made
at the time, of the loss or destruction of the money or goods. A
question arose in the course of the case, whether the Lieut.-Gov-
ernor was a “ Collector” within the meaning of the Act 16 of 1839,
and another, whether the notice was in accordance with the 3rd
section, as it did not require the plaintiff “to engage for or remove
from” the land ; but in the view which I take of the main question
in the case, viz., ‘whether the plaintiff 1 is one of those “cultivators or
tenants holding by prescription,” who are excepted from the pro-
visions of the Act by the 12th section, it is not necessary that I
should express any opinion on them.

The term “prescription” does not apply in English law, as
Mr. Davipson justly observed, to land, but only to incorporeal
hereditaments, such as rights of way, common or hght; and if the
term were construed in its strictly technical sense, it would find no
application to cultivators of land. We had no statute of limita-
tions in this country, relating to land, until 1859, and if “ prescrip-
tion” were tu be understood as referring to a title to land acquired
by long occupation, the section in question would find little or no
application here, because the title acquired by the cultivators and
tenants in Malacea does not depend ou any statute or law of limita-
tions. But there is another sense in which the term may have
” and in this sense it
would make the section so widely and justly applicable to the cir-
cumstances of this Settlement that it appears to me beyond doubt
that it is in this sense that the Levislature used it.

“ Prescription,’ properly so called, is personal; it is the title
acquired by long usage by a particular person and his ancestors, or
the preceding owners ot the estates in respect of which the right
is so acquired. A “custom”’ is also established by long usage, but
unlike prescription it is “local” not personal; when once establish-

-ed, it becomes the law of the place where it prevails, to the exclu-
ae of the ordinary law; and those who have a right under it, have

BQ —x|—

it, not because they and their ancestors or predecessors have long
enjoyed it, as in the case of prescription, but simply because the
custom of local law gives it to them, without any referrence to the
length of their enjoyment. In the case of prescription, long usage
gives title to an individual; in the case of custom, long usage
establishes the custom, and ‘it is the custom, become law, which
vives title to a class of persons in a locality, and gives it to them
at once. ‘The two things are essentially different, but there is a
sufficient similarity or analogy between them—usage being an
element common to both—to account for their being occasionally
confounded; aud I think it plain, from the history of the land
tenure of Malacca, that it was in the sense of “custom” that ne
term “ prescription”’ was used in the Act of 1889.

It is well known that by the old Malay law or custom of
Malacca, while the Sovereign was the owner of the soil, every man
-had nevertheless the right to clear and occupy all forest and waste
land, subject to the payment, to the Sovereign, of one-tenth of the
produce of the land so taken. ‘The trees which he planted, the
houses which he built, and the remaining nine-tenths of the pro-
duce, were his property, which he could sell, or mortgage, or hand
down to his children. Jf he abandoned the paddy. land or fruit
trees for three years, or his gambier or pepper plantations fora
year, his rights ceased, and all reverted to the Sovereign. | If,
without deserting the land, he left it uncultivated longer than was
usual or necessary, he was liable to ejectment. See Mr. Newbold’s
Work on the Str es of Malacca, vol. I, 160. It is clear that rights
thus acquired are not prescriptive, in the technical sense of the
term, but customary. ‘They are acquired as soon as the land is
occupied and reclaimed, and the title requires no lapse of time to
perfect it.

It was contended by the Solicitor-General that such a custom
was unreasonable and therefore invalid; but if such an objection
could now be raised after its long recognition, as I shall presently
ae I should not hesitate to hold that the custom was not only

easonable, but very well suited to any country like this, where the
Be ition is thin and the uncleared land is superabundant and of
no value. It must be for the advantage of the State to attract
settlers to lands which are worthless as forest and swamp, and thus
to increase at once the population and the wealth of the country.
A similar custom or law prevails inSumatra. (dlarsden’s Sumatra,
224.) > In Java, every Javanese has the right to occupy uncleared
land, paying for it by giving the State his s personal labour on road-
making or similar publi ic work, one day in five, or now, under the

—xli— 209

Dutch, one day in seven; and though it might seem unreasonable
in England that one person should acquire an indefeasible title to
oceupy the land of another by felling his forest and ploughing the
Jand, I think that, in the circumstances of these countries, it is nei-
_ther unreasonable nor impolitic for the sovereign power to offer
such terms to persons willing to reclaim and cultivate its waste
lands. But it is too late to question its reasonableness, after a
long and continuous recognition, amounting virtually to an offer of
forest land to all who chose to clear it, on the terms of the custom.

The Portuguese, while they held Malacca, and, after them, the
Dutch, left the Malay custom or lex non scripta in force. That it
was in ferce when this Settlement was ceded to the Crown appears
to be beyond dispute; and that the cession left the law unaltered
is equally plain on general principles. (Campbell v. Hall, Cowp.
204, 209.) It was held in this Court by Sir Jouw Craripes, in
1829, to be then in full force* ; and althongh it was decided by Sir
B. Manxin in 1834,f in conformity with what had been held in
India, that the law of England had been introduced into the Set-
tlement by the Charter which created the Supreme Court, it seems
to me clear that the law so introduced would no more supersede the
custom in question, than it supersedes local customs in England.
Further, the custom has always been recognised by the Govern-
ment; down to the present time tenths are collected, both in kind
and in money, from the holders of land acquired under the custom ;
and from 1838 to 1853, commutations of the tenths into money
payments were frequently made by deeds between the Hast India
Company and the tenants, in which it was recited that the Com-
pany “‘ possessed the right of taking for the use of the Government
“one-tenth of the produce of all lands in the Settlement of Malac-
“ea.” The Malacca Land Act of 1861! plainly refers to and recog-
nises the same customary tenure, when it ‘‘ declares” that “all
“cultivators and resident tenants of lands ”’ (the sovereign or quasi-
manorial rights of which had been granted away by the Dutch
Government) “who hold their title by prescription, are, and shall
“be subject to the payment of one-tenth of the produce thereof to
“Government,” either in kind or in money fixed in commutation.

That the 12th Section of the Act of 1839{ would be justly ap-

* See the case of ABDULLAH v. MAHOMED MEERA LEBE, supra, p. xxxvii.

+ See Judgment of Sir B. H. MALKIN; In the goods of Abdullah de-
ceased. —MORTON’S Decisions, p. 19.

{ Section 12 of Act XVI of 1839 is as follows :—“ And it is hereby provided
“that nothing in this Act contained shall apply to such cultivators and resi-
“dent tenants of Malacca as hold their lands by prescription, subject only toa
“payment to Government of one-tenth part of the produce thereof, whether
‘such payment be made in kind or in the form of a sum of money received by
“the Government in commutation of the payment in kind,”

210 ee

plicable to these customary tenants, can admit of little doubt, when
it is considered that that Act made all persons, in general terms,
holding lands in these Settlements otherwise than under Govern-
ment grants, hable to assessment “in such manner, at such rate,
“and under such conditions” as the Collector, under instructions
from Government, chose to impose; and authorised the Collector to
eject all those who declined to “engage for ’ (that is, I suppose, to
accept the terms of the Government), “or remove from the land”
in their occupation. ‘These provisions, suitable enough to new Set-
tlements like Singapore and Penang, where neither custom nor
even prescription had had time to spring up, could not, without
manifest injustice, have been applied to persons in Malacca, who had
already a good title to their land by the law or custom of the place;
it was to be expected that provision should be made for excepting
such a numerous aud important class of persons from their opera-
tion, and it seems to me that provision was made for that purpose
by the 12th section, the Legislature using the word “ prescription,”
not in its technical meaning, in which it would be insensible, having
regard to the circumstances of the Settlement, but in the sense of
local custom, usage or law, with which it is re adily confounded.

If this be so, it is plain that the plaintiff was not liable to
ejectment by the Collector for declining “to take out the proper
“title” for the land in his occupation, under the Act of 1839. It
was forest and uncultivated land when he cleared it in 1829, and
he paid tenths to the Government from that time until 1853, when
he was appointed Penghulu. ‘This appointment he held until 1868,
and during his tenure of it he was, as is usual, exempted from pay-
raent. He was deprived of the appointment in 1868, and he paid
tenths again in 1869. He is, therefore, plainly one of the customary
tenants protec ‘ted by the 12th section of the Act of 1839.

The only remaining question, then, is as to the damages. The
plaintiff claims three hundred dollars. It seems to me that aserious
wrong was done him, and that he sustained serious injury when he
was expelled from his home and from his land. He had lived there
for forty years, and 1 shall not conceal that I have some sympathy
for the feclings of the Malay peasant, driven from his cottage, from
the orchard which he planted and the field which he reclaimed—
from his home, in a word, and from the fruits of his labour—be-
cause he would not give up his good title for one which he was not
bound to accept, and nobody had the right to imposeon him. But
further, the injury was done by or under the orders of an officer, or
officers, invested with ceriain powers, and under the colour of those

—xlii— 211

powers; and I think that, when public officers set about exercising
powers which necessarily inflict suffering or injury, or interfero
with the rights or liberties of any person, they ought to be ex-
tremely cautious in what they do, or make their agents or subordi-
nates do. Here, the defendants, acting on their own or their su-
periors’ view of the law (it matters not which, as regards the
plaintiff), committed a breach of the law, and a breach which
might have resulted in a breach of the peace; for among the seven
men engaged in the trespass, several were armed, and if the plain-
tiff had happened to be present, they might have encountered
resistance; blood might have been shed, and the officers of the law
would have had to answer for all the consequences of having been
trespassers and wrong-doers. On the other hand, most of our na-
tive peasants, in the plaintiff's place, whether they resisted or yield-
ed, at the time, to the display of force in the name of the law,
would uot have ventured, as the plaintiff has, to ques‘ion its legali-
ty in a Court of Justice, and they would thus be permanently dis-
possessed contrary to law. For these reasons, I think it my duty
to do what in me lies to discourage such proceedings ; and, there-
fore, having regard to all the circumstances of the case, I shall
give the plaintiff the amount of the damages which he has claimed.

Judgment for the plaintiff for 300 dollars.

APPENDIX IV.

PROCLAMATION.

—<———SS—_

A complaint having been laid before the Court of Justice
that the Captain Malayu, land-holder for Sungei Pootat and Batoo
Brandam, has demanded from his tenants more than {5 on the pro-
duce and also on sales or transfers of the property of cultivators,—

Considering that it is against the rules and regulations of the
place and opposed to the prosperity of the Settlement, we have
found it advisable, in order to obviate this evil, to make known by
proclamation that any one found guilty of exacting from any of
his tenants a rent exceeding the tenth of the produce, will be

212 xliy

fined 500 Rix dollars for such offence—one-half of which will be
given to the Churches and the other half to the Government.

14th December, 1778.
JOHN CRANS.
G. KRITMORE.
D. V. SCHELLING.
D. A. pe HINSI LE.
A. 8S. LEMKER,
H. CASSA.

PROCLAMAT LON:

We, Jounxn SAMUEL TIMMERMAN THyssEN, Governor of Malacca
and its Dependencies, to all to whom these Presents may come,
send greeting :—

Whereas it has come to our knowledge that several covetous
persons, proprietors of landed estates, have demanded from their
tenants residing on their estates and possessing plantations, which
through their industry have been brought to perfection, more than
the fixed rate of ten per cent. on the produce of such plantations,
and whereas it has also been represented to us that, on the transfer
or sale of such plantations, the landed proprietors have demanded ten

er cent. upon the amount realized for the same ;

All of which, we consider to be an unwarrantable extortion, by
which the prosperity of the Settlement and the interests of the
industrious inhabitants, must in a great measure be affected ;

So it is, that in order to obviate this evil, we direct the follow-
ing to be promulgated :—

1st.—That the proprietors of lands shall be satisfied to levy
only a tenth upon the produce of their leased lands.

2nd.—That whenever money shall be paid by the tenants of
their leased lands or plantations, instead of payment being made in
kind, the landed proprietors must, in such cases, annually pass a
contract in the presence of two witnessess, viz., the Penghooloo of
the district, and the High Priest residing in the neighbourhood, who
shall declare that none of the contracting parties have been com-
pelled to enter into such an engagement,

xly 213

Further, it shall be free to every tenant, after he has planted
his ground with fruit trees, or cultivated it, to dispose of the same
to another person, without paying to the land-holders the ten per
cent.

We renew, against this extortion, the proclamation of the Gov-
ernor and Director Jan Crans, bearing date 14th December, 1773,
and enforce the penalty of 500 Rix dollars denounced in that pub-
lication against the transgressor of this order, the one half of which
amount will go to the poor funds and the other to the informer.

It is understood by this, that in the event of a tenant wishing
to dispose of his plantation, or transfer it to another, the land-hold-
er shall have the preference on paying down the sum offered by
another.

And that no one may plead ignorance, this publication will be
published in the Dutch, Portuguese, Malay and Chinese languages.

20th May, 1819.

APPENDIX V.

EVIDENCE OF. ELIE.
SPECIMENS OF DUTCH DOCUMENTS.

L--“PROPRIETOR’S” GRANT.

GoverT vaN Hoorn, Governor and Director of the Town and
Fortress of Malacca, in the place of the late Inche Hotzanpa,
Malay Translator and Writer of the East India Company, to whom

he land of Battan Tiga, extending in length from Tanjong Broas to
Cooleban Pekeneno* and in breadth on the north side extending to
Eertam, was given for the goed of this place, not only to cultivate
it, but especially to settle itin order that no evil-minded or other dis-
reputable people may have harbourage in the said land. Now as the
said grantee is some time since dead ; so it is that from a good mo-

* Kiébang kechil.

214 —xlyi—

tive being a place well situated, and to prevent the Manicabows
our enemies or other evil-minded men from annoying us which
would be the case if they were permitted to take shelter in that
place: It is therefore by this that we have again appointed as
Head and Superintendent of the said place Battan Tiga, Inche
Aron, who at present resides in the said place, and we further per-
mit him to cultivate the aforesaid land, on condition that in the
event a future Governor, our Successor, shall judge it necessary
for the service of the East India Company to make any alteration
in the buildings or the plantations on the said land, he must by
ail means acquiesce in such measures, without expecting to receive
any remuneration for the same from the East India Company, on
the other side. We promise at the request of Inche Anon to re-
commend to the favourable consideration of the succeeding
Governor, our Successor, if his conduct should deserve the favour, to
place his son SAMSOODEEN in the next possession of the said piece
of land in the event of his death or resignation of the charge, this
we do in consideration of the loss of 900 Rix dollars sustained by
Inche Aron, arising from the mortgage of the said land to him by
his predecessor Jnche Honnanna. ‘The above land is, however,
subject to all Government impositious and taxes which are at pre-
sent in force or may hereafter be introduced.

(Signed) G. van HOORN.

Malacca, 17th June, 1700.

Il—GRANTS OF TOWN LOTS.

Jan Crans, Governor and Director of this place and of the
Fortress of Malacca and its whole jurisdiction, makes known.

That I have allowed and granted with the consent of the
board of Administration of this place, as I allow, grant and make
over by these presents, to the master of the Smrtu’s shop, Mr. OMSTEE
a piece of unoccupied and uncultivated ground, belonging to the
East India Company, bordering upon the trench, to the East of
this Fortress, between the points Ameria and Henrietra Louisa,
broad in front along the road, six rods and three feet, course N.
N. E. and 8. 8. W., and behind, towards the east side, bordering on

—-xlvii— 215

the land of the Malabar Moetia, six rods and six feet, course
N. and S., besides deep on the North East side, bordering on the
property of the said OmstEn, ten rods and eight feet, course H.
S. E. and W. N. W., and on the south side bordering on the land
of the widow of the book-keeper, Martinus van Tounon, thirteen
rods and three feet, the same course as on the South West side, all
in Rhineland measure, conformable to the surveyor’s new plan of
10th August of this year, and that he may take legal possession
of the said unoccupied ground and let it out, or mortgage it, or do
with it whatever he likes, provided, however, that he will always
remain subjected to all the taxes and duties already put on land
and properties by the high authorities, or which might still be
ordered in the future.

Thus done and given in the Fortress of Malacca the...... Au-
gust, 1776.
(Signed) Jan CRANS.

Seal of the By Order of His Honourable the Gov-
Hast India Company ernor and Director of this place and of
in the Fortress of Malacca and of the board

red sealing-wax. of Administration.

(Signed) J. F. FABRIENIS,

Secretary.

Prerer Gerarpus pe Bruyn, Governor and Director of this
place and of the Fortress of Malacca and its whole jurisdiction,
makes known that, with the consent of the Board of Admimistration
and with the object of improving this place and with other good
purposes, I have transferred to and bestowed upon the Surgeon-
Major of this Fortress, Mr. Jo1ran Hrnprrk WentH, a certain
piece of ground, situated within this Fortress, opposite the “ Mid-
delpunt” (centrum), between two other cultivated properties of
the same owner, broad in front along the Public Road, five roods
four feet and ten inches, course N. N.E. or 8.8. W., and behind
St. Paul’s [lill, the same breadth and course as on the South East
side, besides deep on the North side and on the South side, twenty
roods, course W. N. W. or E.S.E., all in Rhineland measure,
according to the plan of thesworn Surveyor, [lermatus JELGERHUIS
dated 30th March last, to take henceforward legal possession of

216 —xlvii—

this piece of land for him and for his heirs, with the right to sell
it, or to alienate it in another manner, or to let it out, or to do
with it whatever he likes, provided however, that it will be kept
clean, and that it will be cultivated; whilst any Possessor, who-
soever he may be, shall be subjected to all such taxes, duties and
rules, already laid down by the High Authorities of this Govera-
ment, or by their representatives, on land granted in this way; or
to any Rules or Ordinances, still to be made and besides, that any
Possessor shall be bound to make restitution of the said ground, if
it might be required for the use of the East India Company, with-
out having the right to make an action for damages.

Thus drawn and given in the Fortress of Malacca, this 12th
May, 1785. 3
(Signed) P. G. DEBRUYN.

Seal in

red sealing-wax — By order of the Governor and Council.
of the

Judicial Council. (Signed) C. G. BAUMGARTEN,

Secretary.

WitriamM FareuHar, Commandant of this Town and its Fort-
ress, makes known.

That with the object of improving this place and with other
good purposes I have transferred to and bestowed upon Mr. Aprta-
AN Korx, Captain of the Civil Guard, asi am doing again by these
presents, a certain piece of ground situated on the West side of this
town outside Tranquerah’s gate on the sea-shore, broad in front
along the public road, eight rods and nine feet, course B. 2° S. or W.
2° N. and behind on the sea side, eight rods and nine feet, course
as in front besides deep on the S. H. side, thirty-one rods, course
N. #° KE. or 8S. 4° W. bounded by a small piece of Government land
and asmall road towards the sea, andon the 8S. W. side by the gar-
den of the said Mr. Korx, also deep thirty-one rods, course N. 3° R.
or S. 2° W., allin Rhineland measure, conformable to the plan of
the Sworn Surveyor of the 19th instant, to take henceforward legal
possession of this piece of land for him and for his heirs, with the
right to sell it or to alienate it in another manner, or to let it out,
or to do with it whatever he likes,—provided, ‘however, that it will
be kept clean and that it will be cultivated, whilst any possessor,

—xlix-— 217

whosoever he may be, shall be subjected to all such taxes, duties
and rules already laid down by the high authorities of this Govern-
ment or by their representatives, as to land granted in this same
way, or to any new Rules or Ordinances, still to be made, and be-
sides that any possessor will be bound to make restitution of the
said ground, if it may be required for the use of the Hast India
Company, without having the right to make any action for damages.

Thus drawn and given in the Fortress of Malacca this 21st

November, 1808.
(Signed) W. FARQUHAR,
Captain Commandant.

Seal of the
East India Company By Order of the said Commandant
in WILLIAM FarQuaaR,

red sealing-wax.

(Signed) J. W. STECKER,
Secretary.

This the 2nd February, 1816, a piece of the herein mentioned
ground has been sold and transferred to the Hon’ble Wittiam
Farquuar, Resident and Commissioner oft his place, broad in front
along the public road, eight rods and six feet, course E. 2° S. or W.
3° N. and behind on the sea-shore, seven rods and eight feet, the
same course as in front, besides deep on the East side Mr. A.
Korx’s, thirty rods, course S. 6° W. or N. 6° E., and on the West
side bounded by the land of the Hon’ble Wittiam Farquuar,
thirty-one rods, course N. 4° E. or S. $° W. all in Rhineland mea-
sure, conformable to the new plan of the Sworn Surveyor of
this place, Jonan Henprik Vatzera, dated the 26th October of
last year. :

In cognizance of me the undersigned,

(Signed) A. Y. STECKER,
Secretary.

218 os eee

III.—CERTIFICATES OF TRANSFER OR TRANSMISSION.
3 This day the 14th July, 1772.

Appeared before us the undersigned, especially appointed
Members of the Hon’ble Court of Justice of this Government, the
Portuguese Domingos pE Costa, inhabitant of this place, who has
pretended, and proved to us, to be the proprietor of three planta-
tions situated at a small distance up the river and called Cor-
bou, Tuallang and Madjap ; that the said plantations have still the
same extent as when they were owned and holden by his deceased
father Joan pz Costa, pursuant to a deed of purchase, dated 20th
May, 1734, and to a title deed, dated 6th April, 1739, and that the
said plantations have been assigned and allotted to appearer as
co-heir of his deceased father Joan DE Costa, and as heir of the late
InNocENTIA DE Costa his sister, according to a deed of liquidation
of the succession, passed before the Sworn Chief Clerk of the Police
Court and two witnesses on 8th July inst.

The possession of the said plantations being legal and legiti-
mate, the appearer is consequently entitled to sell and alienate the
three plantations aforesaid as he thinks best.

And in order to be able to prove his lawful right, where and
whenever he may want to do so and to exempt himself and guarantee
that all is as it ought to be according to the Law, this deed has been
granted to him.

In witness whereof We the especially appointed Committee
have hereuuto set our hands and have confirmed it with the seal
of this town.

Thus done and passed in the Fortress of Malacca at the date
above written.

(Signed) DOMINGOS Dr COSTA.

The Members of the Committee.

(Signed) DANIEL De NEUFOILLE.
m T. U. Van MOSBERGEN.

In witness whereof.

(Signed) —————-(name unreadable.)
Secretary.

ee eae 219

No. 574.
This day the 3rd April, 1815.

Appeared before us the undersigned, especially appointed
Members of the Court of Justice of this Government, the Arab
‘Cuoec Amar BIN Monamat Baratozan and his son Monamat BIN
Acumat BaraLoEAn (now abroad), who, in the quality of general
proxies of the Moorish woman Bisr Apst Boow Nessa Ganam
Brytrte Mirsa Monamat Leraperex, inhabitant of Swratta (the
only remaining heir of her deceased mother Brst Amator Raurn),
and in virtue of a Dutch power of attorney, dated the 3rd May,
1808, translated in the Arabic language on the 10th of June, 1813,
declared to have sold and transferred to and in behalf of JosErH
Minas, an Armenian Merchant at this place, two pieces of ground,
now united to one, which have belonged to her above mentioned
mother, (pursuant to a Deed of Purchase, dated 38rd September,
1777), situated in the Northern suburb in the Heeren or Tran-
quera Street, at the end of that Street next to the gate of Tran-
quera, with a brick house on its South Western side, is broad in
front along the Street five rods and six feet, course N. W. 4° W.
and behind at the seaside five rods and eight feet, course S. E. 4°
E., besides deep on the N. W. side, bordering on the land of
JAN TErss, twelve rods, course N. E. 4° N. and on the S. E. side,
bordering on land of the same owner as this ground, also twelve
rods, course 8S. W. 4°S., with a private stone-wall on both sides,
all in Rhineland measure, conformable to the new plan of the
sworn Surveyor Jan Henprik VaLBeErG, recently drawn again on
the 24th of last July, and such for the amount of Spanish Dollars
one thousand and six hundred, of 68 stivers each, which amount the
transferor acknowledges to have received already, promising to
exempt and to guarantee this Transfer, for all whomsoever, to be
as it ought to be according to the Law.

In witness whereof We the especially appointed Committee
have hereunto set our hands and have confirmed it with the seal of
this town.

Thus done and passed in the Fortress of Malacca, at the date
above written.

By the Order of the following Gentlemen, Members of the
Committee,
(Signed) W. OVERREE.

‘ W. BAUMGARTEN.
(Signed) A. Y. STECKER,

Secretary.

N. B.—The foregoing translations give, it is believed, the purport of the
originals, but I am not responsible for grammatical errors in the English ver-
sion.

W. E. M.

216 —xlvii—

this piece of land for him and for his heirs, with the right to sell
it, or to alienate it in another manner, or to let it out, or to do
with it whatever he likes, provided however, that it will be kept
clean, and that it will be cultivated; whilst any Possessor, who-
soever he may be, shall be subjected to all such taxes, duties and
rules, already laid down by the High Authorities of this Govern-
ment, or by their representatives, on land granted in this way; or
to any Rules or Ordinances, still to be made and besides, that any
Possessor shall be bound to make restitution of the said ground, if
it might be required for the use of the Hast India Company, with-
out having the right to make an action for damages.

Thus drawn and given in the Fortress of Malacca, this 12th
May, 1785.
(Signed) P. G. DEBRUYN.

Seal in

red sealing-wax By order of the Governor and Council.
of the

Judicial Council. (Signed) C.G. BAUMGARTEN,

Secretary.

WitiiamM Farquuar, Commandant of this Town and its Fort-
ress, makes known.

That with the object of improving this place and with other
good purposes I have transferred to and bestowed upon Mr. Aprta-
AN Koxrx, Captain of the Civil Guard, as I am doing again by these
presents, a certain piece ot ground situated on the West side of this
town outside Tranquerah’s gate on the sea-shore, broad in front
along the public road, eight rods and nine feet, course B. 3° S. or W.
#° N. and behind on the sea side, eight rods and nine feet, course
as in front besides deep on the S. H. side, thirty-one rods, course
N. #° FE. or 8. $° W. bounded by a small piece of Government land
and asmall road towards the sea, and on the S. W. side by the gar-
den of the said Mr. Korx, also deep thirty-one rods, course N. 3° Wy.
or S. #° W., allin Rhineland measure, conformable to the plan of
the Sworn Surveyor of the 19th instant, to take henceforward legal
possession of this piece of land for him and for his heirs, with the
right to sell it or to alienate it in another manner, or to let it out,
or to do with it whatever he likes,—provided, however, that it will
be kept clean and that it will be cultivated, whilst any possessor,

—xlix--— 217

whosoever he may be, shall be subjected to all such taxes, duties
and rules already laid down by the high authorities of this Govern-
ment or by their representatives, as to land granted in this same
way, or to any new Rules or Ordinances, still to be made, and be-
sides that any possessor will be bound to make restitution of the
said ground, if it may be required for the use of the Hast India
Company, without having the right to make any action for damages.

Thus drawn and given in the Fortress of Malacca this 21st

November, 1808.
(Signed) W. FARQUHAR,
Captain Commandant.

Seal of the
East India Company By Order of the said Commandant
in WILLIAM FaRrQuHar,

red sealing-wax.
(Signed) J. W. STECKER,

Secretary.

This the 2nd February, 1816, a piece of the herein mentioned
ground has been sold and transferred to the Hon’ble WitL1am
Farquuar, Resident and Commissioner oft his place, broad in front
along the public road, eight rods and six feet, course E. 2° S. or W.
_ 2° N. and behind on the sea-shore, seven rods and eight feet, the

same course as in front, besides deep on the Hast side Mr. A.
Koerx’s, thirty rods, course 8. 6° W. or N. 6° E., and on the West
side bounded by the land of the Hon’ble Wittiam Farquuar,
thirty-one rods, course N. 4° E. or S. 4° W. all in Rhineland mea-
sure, conformable to the new plan of the Sworn Surveyor of
this place, Jonan HENpDRiIK VauBere, dated the 26th October of
last year.

In cognizance of me the undersigned,

(Signed) A. Y. STECKER,
Secretary.

218 eas Fees
III.—CERTIFICATES OF TRANSFER OR TRANSMISSION.

This day the 14th July, 1772.

Appeared before us the undersigned, especially appointed
Members of the Hon’ble Court of Justice of this Government, the
Portuguese Domingos pE Costa, inhabitant of this place, who has
pretended, and proved to us, to be the proprietor of three planta-
tions situated at a small distance up the river and called Cor-
bou, Tuallang and Madjap ; that the said plantations have still the
same extent as when they were owned and holden by his deceased
father Joan pe Costa, pursuant to a deed of purchase, dated 20th
May, 1734, and to a title deed, dated 6th April, 1739, and that the
said plantations have been assigned and allotted to appearer as
co-heir of his deceased father Joan DE Costa, and as heir of the late
Innocentra DE Costa his sister, according to a deed of liquidation
of the succession, passed before the Sworn Chief Clerk of the Police
Court and two witnesses on 8th July inst.

The possession of the said plantations being legal and legiti-
mate, the appearer is consequently entitled to sell and alienate the
three plantations aforesaid as he thinks best.

And in order to be able to prove his lawful right, where and
whenever he may want to do so and to exempt himself and guarantee
that all is as it ought to be according to the Law, this deed has been
granted to him.

In witness whereof We the especially appointed Committee
have hereuuto set our hands and have confirmed it with the seal
of this town.

Thus done and passed in the Fortress of Malacca at the date
above written.

(Signed) DOMINGOS Dz COSTA.

The Members of the Committee.

(Signed) DANIEL Dz NEUFOILLE.
é T. U. Van MOSBERGEN.

In witness whereof.

(Signed) —————-(name unreadable.)
Secretary.

pcaah Fi 219
No. 574.

This day the 38rd April, 1815.

Appeared before us the undersigned, especially appointed
‘Members of the Court of Justice of this Government, the Arab
-Coec Amat BIN Monamat BaraLtozan and his son MoHaMaT BIN
AcuMAT BaRALOEAN (now abroad), who, in the quality of general
proxies of the Moorish woman Bist Apsrt Boow Nessa Ganam
Brytte Mirsa Monamat Leasrex, inhabitant of Swratta (the
-only remaining heir of her deceased mother Brat AMator Rautn),
and in virtue of a Dutch power of attorney, dated the 3rd May,
1808, translated in the Arabic language on the 10th of June, 1813,
declared to have sold and transferred to and in behalf of JosEPH
Minas, an Armenian Merchant at this place, two pieces of ground,
now united to one, which have belonged to her above mentioned
mother, (pursuant to a Deed of Purchase, dated 38rd September,
1777), situated in the Northern suburb in the Heeren or Tran-
quera Street, at the end of that Street next to the gate of Tran-
quera, with a brick house on its South Western side, is broad in
front along the Street five rods and six feet, course N. W. 4° W.
and behind at the seaside five rods and eight feet, course S. E. 4°
E., besides deep on the N. W. side, bordering on the land of
JAN TErss, twelve rods, course N. E. 4° N. and on the S. E. side,
bordering on land of the same owner as this ground, also twelve
rods, course 8S. W. 4° S., with a private stone-wall on both sides,
all in Rhineland measure, conformable to the new plan of the
sworn Surveyor Jan Henprik VaALBeERrgG, recently drawn again on
the 24th of last July, and such for the amount of Spanish Dollars
one thousand and six hundred, of 68 stivers each, which amount the
transferor acknowledges to have received already, promising to
exempt and to guarantee this Transfer, for all whomsoever, to be
as it ought to be according to the Law.

In witness whereof We the especially appointed Committee

have hereunto set our hands and have confirmed it with the seal of
this town.

Thus done and passed in the Fortress of Malacca, at the date
above written.

By the Order of the following Gentlemen, Members of the
Committee,
(Signed) W. OVERREE.

5 W. BAUMGARTEN.
(Signed) A. Y. STECKER,

Secretary.

N. B.—The foregoing translations give, it is believed, the purport of the
originals, but I am not responsible for grammatical errors in the English ver-
si0N.

220 MALAY LAND TENURE.

Errata.

Page 79, Note* add, But see the judgment in Abdullatif v.
Mahomed Meera Lebe, Appendix p. xxxvii.

82, line 12, for he regards read he does not regard.

84, last line but one, for pleuveuse read pluvieuse.

85, Note* for du read de.

98, line 7, for giving read going.

» line 8, for by the sea read by sea.

99, Note? for Id., p. 261 read Newszo 1p, I, p. 261.
104, line 5, after eviction, add (see p. 91 end of note*).
107, Note* add, Appendix, p. xxxi.

110, line 19, add (see Appendix p. xvil).
113, Note* last line but two, for alludes almost read
alludes—almost.
116, line 21, for one-tenth read one-seventh.
117, line 17, for CHarter VIII read Cuarrer VII.
126, Note t add Appendix, p. v.
148, line 12, add (see Appendix V, p. xlviii.)
149, line 16, for preventeh read prevented.
» line 17, for witd read with.
xii, line 11, for jaga read juga.
xlvii, last line but one, for HerMaus read HERMANUS.
1, line 25, for hereuuto read hereunto.

ON THE STREAM TIN DEPOSITS OF PERAK,

LECTURES DELIVERED AT THAIPENG, Prax,
BY

The Revd. J. E. TENISON-WOODS, r.a.s.,-¥.1.9., &e.

LECTURE I.
imu exo rail, S84.

I have here before me two pieces of stone. One, you observe, is
a rough fragment of granite of irregular shape: the other isa
rounded pebble such as you may pick up any day from the gravel
of arunning stream. If I ask how these stones came to have their
respective appearance, few would hesitate for an answer. You
would say that one has been roughly broken off from arocky mass:
and the other has been rounded in the bottom of a running stream.
Yet, in these opinions, simple as they are and evidently borne out
by the facts of the case, you have formed by the interpretation of
the geological record. You have acted upon a principle which, if
followed up, must lead to the interpretation of many of the geolo-
gical features upon the earth’s surface. You have deciphered one
of the inscriptions which nature has written on the stones, that is to
say, the record of the way in which its forces have been exercised.

In this respect, there is a close resemblance between the work
of an Archeologist or Antiquary and that of a Geologist. For
example, the antiquary finds a stone, covered all over with inscrip-
tions. This, he says, must have been done by a human hand. The
man who has cut this has known the use of metals as well as writ-
ing. His people had arts, and thus he draws conclusions which no
one will be found to dispute, which no one can dispute, as they ob-
viously belong to the facts of the case, however much we may
question thevries built upon these facts.

Precisely in a similar manner we are able to draw conclusions
from the inscriptions on the stones before us. The first is rough

222 STREAM TIN DEPOSITS OF PERAK.

and its fractured edges show that it has been detached from a more
massive rock by the exercise of some force. But I shall reserve
for another occasion what I have to say about this piece of stone.

The second stone is water-worn. Whatever shape it had for-
metly, that shape has been modified by the action of a running stream.
No other natural action gives to stones the peculiar smooth and
rounded shape that this stone has. It has not, however, been pro-
duced by water alone. There has been also the grinding action of
friction by one stone upon another. Running streams have their
gravel in constant motion. By carrying away sand and lighter par-
ticles, the large stones are constantly shifting their position and roll-
ing over. Then a flood comes, and the stones are pushed along and
pounded against one another until the edges of the fragments have
abraded and rounded. This process of hammering, breaking and
washing is one that is constantly going on. It is more rapid of
course and constant in swift deep streams. Irregular as it would
seem, modern science has found means to measure it. By the use
of the water telescope and by actual experiment, Mons. DauBRie
has learned much that formerly was, in this matter, mere conjecture.
By means of revolving cylinders, he found that when pieces of gra-
nite are subjected to the kind of movement and friction met with
in rivers, they are reduced to fine mud when they have traversed a
distance of about 25 miles.

One word here about this granitic mud, which will form subse-
quently a subject of our enquiry. Though the change from a rough
piece of granite to mere fine mud is very great, yet it is not so com-
plete as to elude detection by the microscope. With the aid of this
instrument, an expert can tell you at once that such mud has been
derived from granite. He can not only tell you what kind of gra-
nite it was, but also whether it contained any metals. He can also
say with certainty whether it was the action of the sea or rivers
which reduced it to mud, and many other particulars which we shall
find hereafter most useful in our present enquiries.

It may seem very unnecessary to spend so much time in ex-
plaining so simple a thing as the manner in which stones become
water-worn. But obvious asit is, I think you will acknowledge its
importance if you will bear with me a littie longer. Simple also
as it is, several important geological conclusions depend upon it:
and in fact, like most simple things in nature, when closely ob-
served, it serves ioexplain what is very complex. Thus, if you pay
attention to the hills and mountains which surround the beautiful
valleys near Thaipeng, you will notice features which this water-
worn piece of stone will help you to explain. Our mountain

STREAM TIN DEPOSITS OF PERAK, 223

range has been rounded and moulded in a manner similar to all
mountain ranges of its class on the earth’s surface. The crest of
the range rises and falls according to the projections of the rocks
which are mostly bare on the summit. Weathering soon decom-
poses and rounds them, and the materials are swept to lower levels.
From the crest buttresses descend ; the drainage from which soon
carves out deep valleys on the sides. On these latteral buttresses
other valleys are cut down, and soon almost infinitely. The whole
thing, however complex, represents one huge system of drainage.
The great surface presented by the side of the range acts as an exten-
sive condenser to the moist airfromthesea. ‘The water is ever rush-
ing down back to the ocean, first in rivulets, then in torrents, and
ofteu, as an obstinate face of rock stops the water dashing over, in
angry cascades. Itisneverat rest. Mach day the process of wear-
ing away goes on in thousands of rills and streams. But observe
that it is not water alone which is doing the work. The sand and
fragments of rock carried down by the water does the great work of
scouring and cutting down the valleys, and the mountains are thus
very slowly but surely worn away.

At one time in their history, probably these mountains were
upheaved, but upheaval has little to do with their present form.
The features which so many mountains share in common, point to
some common cause for all, and this is what we call weathering,
erosion or denudation. It is the effect of the friction of water and
sand just as we see in the case of the water-worn pebble. So when
you hold that pebble in your hand, you hold in miniature what the
water is doing in the hills around you. Water is the universal
solvent, and the law of gravity does therest. Rocks are under-
mined and come tumbling down in landslips which fill up the
valleys. Water pounces upon them here again and gives the stones
no rest. They are worn away and carried to the sea, and the val-
ley is scooped out again waiting for other supplies of material.
Thus, gradually, main ridges become scarped and cut down by side
valleys until they dwindle away. The materials are carried into
plains which gradually build up islands and mud flats such as those
which front the western side of the Malay Peninsula.

Those who have visited the top of the range must have re-
marked how the crystals of felspar stand out from the surface
of the granite just like pebbles in conglomerate. They often pro-
ject an inch or more. Weathering has dissolved away the rock
around them. ‘Their crystalline structure and compact form enable
them to resist decomposition, and thus they remain, for a time, as a

224. STREAM TIN DEPOSITS OF PERAK.

record of what water has done.

If, then, the Thaipeng Range has thus assumed its present form
by the action of water, we may assume that we have no means of.
knowing the extent to which it has been worn away. It certainly
was higher than it is, and I shall show you what reason there is for
believing that it was covered by other furmations. But one thing
we can certainly say. It has not been recently raised from the sea.
Recent marine remains are entirely absent from it. I need not
tell you perhaps that the sea never leaves doubtful signs of its pre-
sence where it has once been. Its infinite treasures of life leave
millions of relics behind to mark the history of itsstay. Nothing of
the kind is seen here. Instead, we have layers of vegetable remains
to mark what has been the former land surface and how it has
supported only plant life.

To find out the geological history of these hills we must inter-
rogate the only record that remains to us, that is, the mate-
rial derived from the rocks, the drifts, sands and mud banks.
This at first would not seem to be a very hopeful enquiry. But
more evidence will be forthcoming from it than one would think.
DavBréie’s experiments have shown that rocks are broken smaller
and smaller by water until there comes a time when friction and
abrasion have no longer any power. ‘This is when they are re-
duced to fragments about one-fiftieth of an inch in diameter. Not
only do they then cease to become broken, but the fragments do
not readily become rounded or abraded at the edges. Such frag-
ments are easily examined by microscopes of moderate power. By
its aid the sand tells us its history. Ifit be from the sea, particles
of lime and shell with other familiar remains soon tell its origin.
If it were aerial or from a desert, every particle will be rounded,
abraded and opaque. If from fresh water there will be carbona-.
ceous matter and a peculiar sorting of the materials which I shall
explain more fully.

With these facts as a guide, let us now examine the material
which has come down to the plains from the mountaias. Close to
the hills we shall find boulders and heavy gravel. ‘Their weight
obviously prevents these materials from travelling far. Amongst.
the boulders. some are angular, or just as they have rolled down
from the hills, and some are rounded by water. Further out in the
plain, we find alluvium and certain outliers of rocks which have as
yet escaped denudation. These sometimes rise into detached hil-
locks, such as the Resident’s Hill. Orthey may scarcely rise above
the surface at all, such as the red clays near the Thaipeng gaol.
These clays are most important, and we shall consider them more

STREAM TIN DEPOSITS OF PERAK. 225

attentively by and by. The rest of the plains are river drifts.

When persons see only narrow streams crossing wide plains,
they with difficulty understand how such rivulets could have formed
such large areas of gravel, sand and earth. But the cause is quite
adequate for the effects, if we remember the constant drainage from
the sides of the mountains. It is unceasingly bringing down new
material, which, as it accumulates, throws the stream backwards and
forwards. No matter how distant certain portions of the plain
may be, as soon as they become the lowest level, the water gues
over to it and heaps it up.

It was the custom, long ago, to explain deposits of alluvium
and gravei by theories of great inundations. But great inundations
and convulsions of nature have a tendency to destroy and remove.
The building up is done by the little stream which, like the busy
bee, neatly spreads the materials. They may be ealled nature’s
chisels which carve and chip the stone, and nature’s trowels which
smooth and level everything. ,

Bear in mind again that the whole of the plains are not form-
ed of alluvium. There were inequalities on the surface which are
covered over by drift, but of unequal thickness. ‘These, no doubt,
were barriers to the waters until the drift rose up to them.

But not only does drainave level the materials. It sorts them
as it carries them along. Lighter portions of granite sand, espe-
cially mica, are carried along distance. Some metals also with
light scaly ores, such as specular iron or titaniferous iron, are
- borne a lony way. Heavy metalssuch as tin, gold and platinum,
soon sink and remain behind.

In another lecture, I shall tell you more about granite, or the
rough piece of stone with which we began this evening. But I
want to say now that granite frequently contains metalliferous
veins and crystals of oxide of tin scattered through it. — This latter
is a heavy mineral, and is never carried far from the hills. It is
enclosed in granite, or at least mixed up with other rock, yet it is
gradually sorted out and gathered together. The constant opera-
tions of water washes it and buries it in alluvial drift where it be-
comes stream tin. Vein tin, from its name, means tin ore occur-
ring in lodes or veins, whence it has to be quarried from the
solid rock. Vein tin, though in narrow lodes, goes down to great
depths: stream tin is only a shallow deposit of fine ore spread
over a wide surface. It is better ore and more accessible, but less
permanent than vein tin.

But has all the alluvial drift of the Larut plains been derived
from granite? Ithinknot. I referred just now to the red clays,

226 STREAM TIN DEPOSITS OF PERAK.

These are stratified. If you examine those which are not far from
the gaol, you will perceive in them a singular ribbon-like structure,
There are lines varying between red, yellow, white and dark slaty
blue. In some places, traces of quartz veins may be seen. The
strata are twisted and crumpled into curves and folds. Now, I re-
gard this as a very ancient formation, and which once probably
covered the granite. The latter rock has been pushed through it,
and this is why we find it principally at the base and the sides of
the range. Probably the granite itself has been formed from this
rock. It has been melted into its present crystalline form. But
the clays contain more iron than the granite does. They have
been much changed by their contact with the granite, and some
portions of the formation have been converted into what geologists
call “ gneiss.” I fear I cannotexplain these terms to you now in
the time at my disposal.

There is one thing about these clays which must strike ob-
servers, and that is their fiery red colour. This is due to per-oxide
of iron or rust of iron. In these countries such a rock is called
“laterite.” Though the term is applied to many different kinds of
rock, in fact any red stone or clay, I am now referring to only one
kind, which is that derived from the paleozoic or ancient formation
which les above the granite. I wish to add also tnat, when not
affected by much oxidation or rusting, these clays are blue instead
OF Led.) |

These paleozdic clays give us a clue to the age of the tin. It
tells us that the metal occurs here as it does in other parts of the
world, that is, in connexion with the oldest granites. These paleo-
zoic clays are probably Ordovecian, or amongst the oldest of the
stratified series known to geologists. Usually such clays or slates
have been much altered by the changes to which they have been
subjected in their long history.

From the great extent in which these clays appear throughout
the Malayan Peninsula we may conclude they they once covered
the whole of it before the granite burst through. But before this
took place, the strata were much twisted and altered owing to
heat, pressure and movements of the earth’s crust.

There are excellent sections of this formation in the’cliffs
around New Harbour, Singapore, and again where the new road
cuts through the hills on which Fort Palmer is built. The east
side of Fort Canning also at Singapore shows an outcrop of the
same rock with regular strata dipping to the westward and a sur-
prising variety of colouring. At lanjong Kling near Malacca the
fiery red rocks, more properly termed Limonite instead of Laterite -

STREAM TIN DEPOSITS OF PERAK. DAT

have been derived from similar rocks, J call them Ordovecian,
aterm proposed for the Upper Cambian series, but I merely sug-
gest this age as probable. ‘They much resemble the Ordovecian
of Australia, though the precise age cannot as yet be proved.

It is probably under these clays, at their junction with the
granite, the great deposits of tin ore took place. All mining
geologists are aware, that when any metal is contained in a rock, it
will be most abundant at the junction of that rock with another
formation. I do not undertake to explain why it is so, but I merely
state the fact. The junction of two formations is the locality
where metallic deposits must be looked for. The whole of the
granite in the peninsula contains tin, but it is at the junction of
this granite with the paleozoic clays that the richest deposits of
tin ore have taken place.

Thus the red clays become a good indication where tin sand
may be looked for. But observe: it is not at this junction that
mining takes place. It is when the clay has been washed away
and the tin washed out of the junction; when it has been sifted
and sorted by streams of water that the stream tin has been depo-
sited where miners get it now. Not at the base of the clays, but
in the drift which has been derived from the clays and the gra-
nite together.

It may, be asked, therefore, whether it would be worth while to
mine through the clays where they have not been denuded and
look for tin at their junction with the granite. I think it would
be worth trying. Ido not think the tin sand would be likely to
prove sorich as in drift where it has, been subjected to ages of
washing and puddling from the streams. Tin sand is found upon
the clays throughout Thaipeng and the neighbouring hills. I can-
not even give a guess at how thick these clays are, except that I
do not think they can be very thick. I repeat thatit would be worth
while trying whether there is what miners term a second bottom.

Observe also that J do not think that the tin deposits are mere-
ly confined to the junction of the granite with the paleozoic clays.
The ore may be found at the junction of the granite with any rock.
On the other side of the range, we seldom see these clays, but in
place of them we have limestone and marble abutting on the
granite. Here also tin is found and in great richness,

So, those who go prospecting may take the presence of such
formations as a favourable indication, especially where there are
high ranges near so as to secure the destruction and thorough wash-
ing of the overlying rock.

_ If any one asks why we do not find tin insuch places as Singa-

228 STREAM TIN DEPOSITS OF PERAK.

pore, where the paleozoic clays and granite are found side by wide,
the answer is that there are no drifts. The reason of that is that
there are no high mountains near to give rise to them. Small
quantities of tin have been found at the junction of the clays and
granite at Singapore, sufficient perhaps to justify the conclusion
that had they been subjected to the action of running water and
mountain streams for ages, large deposits of stream tin would
have resulted.

At the same time, I do not suppose that all the granite at
its junction with some overlying formation is equally rich. Gene-
rally it isrich. There are doubtless barren granites here as else-
where, but they seem to be fewer here than elsewhere.

It is a remarkable fact in mining for tin that stream tin ore
and mineral veins or lodes of tin are seldom found together. J say
seldom, because I am not so sure about the experience of Europe,
but I might say never, as far as experience teaches us in Australia
and in this country. The richest tin lodes in Australia. (Herber-
ton) have no stream deposits anywhere near them. I should say
that the causes which made the tin segregate into lodes were more
energetic than those which condensed it loosely on the edges of an
overlying formation. This, however, is theory. What my expe-
rience teaches meas certain is,—first, that stream tin is not derived
from lodes or veins ; and secondly, that lodes or veins do not decom-
pose into anything like stream tin.

Now let us, in conclusion, examine the sections presented by
the tin mines at Thaipeng, and*see how far these will bear out
those inferences. First of all, we meet with loamy clay or black
vegetable mould, full of roots, branches, stumps of large trees in
the positions in which they grew, besides prostrate stems of trees.
Half of this black deposit is water, and half the remainder is vege-
table matter that will burn. Underneath are layers of white, red
and yellow sands, mixed with coarse layers of quartz and felspar.
There are also occasional deposits of red clay.

By the aid of the microscope we find that the sand is derived
from granite and deposited in fresh water. If you examine it
closely, you will see that the grains are all angular and transparent.
When the polariscope is applied to them, we find a magnificent
play of colours. By the same instrument we are enabled to dis-
tinguish a few fragments of felspar and fewer still of mica. A
little experience enables one to pronounce at once that this sand
has come from granite, If it had been derived from a volcanic
rock, the quartz would be glassy and not give the play of colours’
that we observe here.

STREAM TIN DEPOSITS OF PERAK. 229

The red clays, and probably the yellow clays, are derived from
the paleozoic strata. The white clays may be decomposed fel-
spar from which the sand is washed out. All this careful sorting
and sifting has been effected by the force of gravity aided by the
never failing streams of water from the hills.

Occasionally, vegetable soil is again repeated, showing that
there were different surfaces of dry land at different levels and at
various times in the geological history of these deposits.

Then appear more or less worn fragments of quartz, felspar,
fluourspar, and granite. This may be called a gravel, but its
material is sometimes a stratum of mere pebbles, or sometimes
consisting of large boulders. These represent various vicissitudes
in the history of the stream. When such water-worn stones are
cemented together, the rock is called a conglomerate.

Underneath all these deposits, at a depth of 20 or 30 feet, we
find the stream tin. It is usually in a gravel with much fine clay
and coarse sand, which gives the stratum a grey speckled appear-
ance. The depth of the tin stratum is variable, but seldom more
than four feet. and often, in even rich mines, much less. The tin
rests upon white or blue clay either paleozoic or derived from the
granite.

Now, when we find the tin sand all in one place and in the
lowest stratum, we must conclude that it came there by the force
of gravity, or that the upper part of the rocks from which the tin
was derived was richer in tin than that which subsequently sup-
plied the materials for the drift. Both these conclusions, I think,
are partly true.

The drift overlying the tin may, in some case, have been re-
moved and replaced many times by the running waters as they
shifted their beds. Streams undermine their been they fall in,
and are thus turned over, washed and re-washed and the heavier
particles of tin soon become a stationary stratum in the lowest part.
This is the history of agood deal of the tin deposits, but not of all.
Accordmg to what has been already said, some portions of the ma-
terials for the drift were richer in tin than others, that is, the
junction of the paleozoic clays with the granite rock. When
these rocks were subjected to erosion, tin sand accumulated in
much larger quantities.

If this explanation be correct, then we ought to find tin sand
at different levels in different mines, and, asa matter of fact, we do.
But in one group of mines there is generally a correspondence in
the level of the tin in all parts of the field. Thus in Thaipeng it
occupies nearly the lowest levels, from which we may infer that a

230 STREAM TIN DEPOSITS OF PPRAK.

good deal of barren rock has been denuded since the rich beds at
the junction of the granite and clay have been washed away.

To some extent, tin sand may have gravitated through the
loose watery sands even after they were deposited in beds. ‘This
actually occurs in thin strata of washed sand which is thrown out
of the sluices. What little tin ore remains in this sand is found
to have settled down to the bottom. But, of course, this could not
happen through coarse gravel or compact clay.

At the risk of being tedious, I must repeat the important les-
son to be learned from these facts. The way in which tin sand is
found in rich deposits in certain parts only of the drift, shows that
it has been the wearing away of some restricted portion of the
rocks. This is at the junction of a formation overlying the granite.
Wherever, therefore, either from the out-crop of the rocks or the
nature of the drift such a junction appears evident, deposits of
tin may be looked for. Red clays are to be regarded as a special.
ly favourable indication, and so are out-crops of slate, schist or
limestone near granite. But an essential condition appears to be
that there should be high granite hills near, in order to secure the
requisite drainage for the formation of drift.

T have mentioned how hollows in the ground affect the deposi-
tion of tin. There are a good many depressions of the kind about
these mines, though the surfaceiseven. The ground, as the miners
say, rises up, and the ore is almost absent from the slopes, while it
is unusually rich in the hollows, those nearest the hills being the
richest.

It may be asked whether tin sand might be looked for at any
great distance from the hills. To this a double answer may be
given. The first is that tin sand usually does not travel far, even
when it is very fine. A mile from its origin would be a long
distance.

But, secondly, tin may be looked for far out in the plains, be-
cause it is certain that both paleozoic clays or granite in the form
of outlying hillocks have existed there, though now they are wasl.-
ed away. in this case, the nature of the soil would be the best
indication.

The manner in which the paleozoic clays are stratified, and how
the strata are turned and twisted and crossed by white veins, has

suggested to the author of “Tin Mines in Larut”’ that there were
fearful convulsions of nature going on when the stream tin was
deposited. But the cause of this dates much farther back. It
dates to the period when the paleozoic were affected by the gra-
nite, and crumpled or folded back by that rock.

#UREAM TIN DEPOSITS OF PERAK, 281

I have gone through most of the points connected with the
gooey of stream tin, especially as it refers to the State of Pérak.
Tou will doubtless be inclined to ask a question which I have not
touched upon at all. This is, how the occurrence of tin ore in
such quantities in clays or in granite is accounted for. This must
form the subject of another lecture, for the story isa longone. It
cannot be accounted for in as satisfactory a manner as the occur-
rence of tin in drift, but the matter is of the highest interest,
as you will find, connected with the most attractive field of seological
research.
Let me say, in conclusion, that the connexion of stream tin
with paleozoic rocks, limestone and granite is a most cheering
part for the future mining prospect of this State. Such rocks are
to be found everywhere: the valleys of the rivers are full of them.
This makes me think that the tin deposits of the Malay Penin-
sula are the richest in the world, and that we are as yet only on
the threshold of our discoveries.

232 STREAM TIN DEPOSITS OF PERAK,

LECTURE II.
2Ast AcpralserSsiess:

Our enquiry in this lecture will be as to the way in which we
can account for the rich deposits of tin ore in connexion with
eranite.rocks.

You will remember how, in the first lecture, we began with the
study of two pieces of stone, one of which was water-worn and the
other a rough fragment ef granite. The water-worn stone fur-
nished us with a clue to the erosions of mountains and the forma-
tion of drift. We shall now turn to the rough stone to sift the
question of its constituent parts, and we will begin our enquiry by
asking — W hat is granite ?

Broadly defined, it is a compound rock consisting of quartz,
felspar and mica. Quartz is a very hard glassy mineral consist-
ing of the oxide of the element silicon. Felspar is a trifle less
hard and more complex. It consists of, say roughly, 60 or 70 per
cent. of quartz, a large percentage of alumina, and the rest made
up of soda or potash, and avery little iron, lime and magnesia. Miea
is a shiny glistening mineral, generally coloured yellow, blackish
or transparent. il splits ito an flakes, and looks olden or silvery
in small specks. Mica is a compound mineral and contains, besides
other mincrals, notably lithia, silica, alumina and an alkali usual-
ly potash and magnesia, the silica being in smaller proportion
than in felspar.

Now, observe that I am dealing with these things in the most
general sort of w ay. There are not only many different kinds of
eranite but many different kinds of felspar. Granite also contains
other different minerals besides those which T have mentioned, but
exceptionally and in relatively small quantities. For my present
purpose, however, my definitions as above are sufficient.

Observe cther differences in this stone. It is not stratified.
There are no lines nor marks such as it would have if it werea
rock slowly deposited by water. It is a mass of crystals. Now,
how did it get this form and how comes it that such a uniform ap-
pearance Is presented by granites all over the world? It is no
mattcr where you are—in Aberdeen, in Egypt, in Malacca, or Pérak
—geranite 1s granite everywhere, and every one who has eyes can
recognize it.

Various theories have been proposed to account for this. I
cannot describe them all, but I will take the most natural and the
most common idea. That is, that the stone has been melted by fire.
The earth’s surface, so it is said, is pretty uniform in materials, and

‘STREAM TIN DEPOSITS OF PERAK. Zon

when it is melted and cooled, or slowly cooled if you will, becomes
granite.

But against this theory we know many instances of the melt-
ing of the earth’s surface by heat, and when cooled it becomes
something very different from granite. Volcanoes emit from
their craters the melted materials of the crust of the earth, but Java
is not at all like granite, and even where it has cooled ‘slowly it
is still very different.

Heat alone, then, will not suffice asa theory. A simple poten:
ion will make us realize this better. Granite is in structure not
unlike-a piece of loaf sugar. But in the case of the sugar the
structure is not’ due to mere heat, as I need not tell you. If you
take the sugar and melt it over a fire, what a different material it
becomes, and so it is with granite. If it be melted, which it re-
quires an enormous heat to effect, the result, when cooled, is a mere
slag.

Besides, if granite be closely examined, a curious feature in the
erystals will be noticed. The mica and the felspar have both left
the forms of their crystals imbedded on the quartz. But the
quartz cools at a much higher temperature than the mica or fel-
spar. Jf heat alone had been in operation, the quartz should have
cooled first and left its crystals to modify the other two minerals.

But for all that, geological research proved beyond a doubt
that, melted or softened in some sort of way, granite had formerly
been. At its junction with stratified rocks it was frequently found
to throw out veins into fissures, and to be injected, so to speak, as a
molten material could only be expected to do. Granite dykes or
elvans are not uncommon, and these somctimes in granite itself
showing that the encasing material of which the walls of the dyke
are formed had‘cooled or solidified to some extent before the latter
was injected. When granite is found in contact with stratified
rocks, the latter are usually much changed, and as if the erystal-
- line rock had affected them by its heat. When this is not the
ease, it can generally be proved that there has been considerable
displacement and upheaval since the granite was melted. The tilted
stratified rocks which lie against it came to their present position
in a later period in the geological history of both formations.
Sometimes gradual transition from stratified rock to granite may
be. observed, so that it is diflicult to say where one begins and
the other ends, and even where the unaltered slates which lie
near granite are submitted to microscopic examination. Occa-
sionally in granite itself marks of former stratification can be
made out. Blotks-of evidently stratified rock are found imbedded

234 STREAM TIN DEPOSITS OF PERAK.

in granite paste. But the most extraordinary thing of all is
that fossils have been found in granite, much changed, of course,
and crystalline, but perfectly recognizable. The Jura Belemnites
in the Alps may be cited as an example, and I think I have met with
paleozoic fossils in a granitic rock in Australia.

All this was very puzzling and gave rise to many theories.
The facts seemed to hold the balance equally between a stratified
rock on the one hand, anda kind of volcanic, or at any rate, an
eruptive rock on the other. Then the theory of metamorphism
began to make its way. This suggested the granite had originally
been a stratified rock, and that it had been converted into its pre-
sent form by the agency of heat.

This, you observe, only removed the difficulty one step further
back. The question was still. unsolved as to what kind of heat it
was. Gradually the microscope was brought to bear upon the
matter, and this, with chemical aids, brought what is now believed
to be a full and satisfactory explanation.

If you subject a small rough fragment of granite to micros-
copic examination, vou will not learn much. But if you grind
down thin polished slices until they become quite transparent,
you will be able to subject them to very high magnifying powers.
Then you will see that the apparently solid crystals are full of
minute cavities. Some of these are partly filled with water,
others with gas, others again are cavities containing perfect erystals
of such minerals as common salt, and other salts of magnesia, soda,
&e. These crystals sometimes appear in fluid, which may be
water, and they are in constant movement.

It would be an error, however, to suppose that these appear-
ances are only found in granite crystals. They are seen, though
not exactly in the same manner, in volcanic rocks, in meteoric
stones and even in the slags offurnaces. But micr oscopic examina-
tion has shown immense differences between granites and those
which have been certainly subjected to heat within reach of the
earth’s atmosphere.

I cannot, in the limits of such a lecture as this, go into the de-
tails of this subject, but it will be sufficient to say that the progress
of science, largely aided by the microscopic investigation of rocks,
has shown us a most probable and sufficient cause for the meta-
morphism of granites. All the different effects of heat are found
to eye according to the pressure at which they have been exer-
cise

It will save a great deal of explanation if I enter at once
into the consideration of what must have been the geological his-

STREAM TIN DEPOSITS OF PERAK. 235

tory of the granites. First of all they are generally very old rocks.
I say generally, because though most granites are paleozoic, there
are mesozoic or secondary and cainozoie or tertiary granites as
well. But the rock we have to deal with here is paleozoic, and I
will consider that as affording the simplest case for consideration.

Now, we have evidence in this country that the granite here
has been covered by two more formations at least. These were of
considerable thickness. Fifteen hundred feet of limestone is eXx-
posed in places, and even then it has been greatly denuded or worn
away. The paleozoic clays be!ong to a formation which is known
everywhere on the earth’s surface to be very thick. ‘he history
of the geological changes in the earth’s crust justifies the inference
that between these two formations and the comparatively recent
date of their uncovering and denudation, many other formations
must have succeeded and disappeared. So that, without any stretch
of imagination, you can perceive that our granite was at one time
covered by an enormous weight of overlying rocks. The pressure
thus effected Ido not attempt to estimate. It defies calculation.
Millions of tons weight would result from a punurel feet or so of
rock, so what of Anos amine of feet !

New, pressure engenders heat. If we cannot estimate the
weight, we may say, thatat the most moderate computation, the heat
engendere ed by pressure would have been sufhcient to liquify the
rocks. But the pressure would prevent liquifaction. The nature
of the overlying rocks would also prevent much of the heat being
lost by radiation.

Let us turn for a moment, before we consider the effects of
this heat, to take into account the material with which it has to
deal. Before these granites were covered over, they were stratified.
We can see this in many places where the marks of stratification
have not been obliterated. There was a time, then, when these
strata were laid down line by line horizontally by the river or the
sea or the aerial current from which they were deposited. They
then consisted of sand, which means silica, of mud or clay, which
means alumina, magnesia, lime, soda, potash anda little oxide of
iron. Fluorine and carbons, tin, gold or silver were also present
infinitesimally. How they came to be present, I shall explain
hereafter.

But there was one very important ingredient which we must
not leave out, and that was water. All rocks contain this in a cer-
tain proportion. J do not mean those stores which come out as
springs upon the surface, but water mingled with the ingredients of *
the rocks, thatis, chemically combined. Gases of course there were,

236 STREAM TIN DEPOSITS OF PERAK.

also chemically combined, and also water in its simple form, mixea
or soaked in we may say, and from which no compound rock is ever
eee

Now, consider the effect of heat cata by pressure on these
materials aided by the presence of water. The latter material, you
know, at the surface of the earth cannot be heated much above 312°
degrees of Fahrenheit. -Then it evaporates in the form of steam.
But under great pressure, of course it cannot evaporate. It may
be then heated to any extent that the pressure will bear. Water,
even cold water, is a solyent of rocks to a far greater extent than
you would imagine, not only by wearing them away, but by really
dissolving the stone. But at very high temperatures water acts on
rocks such as quartz more powerfully than the strongest acid does
upon iron at the earth’s surface. Let us take dull red heat, for
instance, and I will tell you presently why I choose that degree of
heat. At this temperature, quartz would be readily dissolved by
superheated water, while I need not tell you that it requires a
considerably higher temperature to melt it in the air.

These conclusions are not the result of mere theory. Experi-
inents have proved them. By means of carefully secured vessels,
water has been raised to a red heat and even higher, and its action
upon quartz, glass and many other substances observed. IfIdonot
mistake, neler a an experiment which lasted some 18 months, some of
the minerals of granite and something very like granite have been
reproduced by Mons. Davzrie.

This pressure, or the weight of the superincumbent rock, i is quite
sufficient to account for the change of stratified rock into oranite.
Pressure has generated heat, heat has brought into action the
highly corrosive and solvent action of water, chemical action has
been ‘set up, those elements that have the gre eatest affinity for each
other have united, acids have neutralised alkalies, gases have been
liberated and made new combinations, and finally minerals have
seoeregated, and the result is the rocks in the formin which we see
them now.

Be it remembered that though we class the rocks of this Range
under one category, which we distinguish as granite, the rock is
very varied in its constitution. It is fine grained, and coarse,
blue and red, dark coloured and light. Some of it-is almost all
quartz and some foliated like a schist. Mica predominates in
one place, and there are thick veins of felspar m another. All
this is just what we should expect. The stratified rock was not
of uniform character, but even if it were, the pressure would pre-
vent the reduction of the whole into a rock of simple mineralogi-

STREAM TIN DEPOSITS OF PERAK. 237

cal features. This fact must also explain the presence of metals
in one portion and not in another.

Some persons might find it difficult to understand how any in-
terchange would go on under such pressure, but it will solve the
difficulty to some extent when they are reminded that interchange
and chemical action goes on in the hardest and most solid rocks.
Solidity is a relative term. There is nothing on the earth so hard
that a movement is not going on in its particles. The moving
crystals in the cavities of granite prove this. Some think that light
is the stimulus in thiscase. It may beso. That shows how even on
the hard transparent diamond movement is continually going on,
movement that is not more appreciable than the waves of light, yet
movement and interchange for all that.

I mentioned red heat just now, and I did so because certain
geologists believe that this is the temperature to which granite has
been raised. This is not a guess. Itis founded on the known
qualities of gases and steam. Their rate of expansion under heat
and pressure is calculated in connexion with the cavities in granite.
Some of these, it will be remembered, are half full of water, which
has been steam. The amount of condensation furnishes a factor
from which the former heat is estimated.

Another kind of proof as to the origin of granite is found in the
sections of extinct volcanoes. A few instances are found which
enable us to see down into the innermost recesses of these subter-
ranean fiery lagoons. In the lowest depths where pressure of the
overlying lava prevented the escape of steam, the rock is granite.
In fact, the voleano itself is probably no more than the escape
through an accidental fissure of some of that heat which pressure
is causing below.

We must not, however, leave out of consideration one impor-
tant condition in these operations, and that is the length of time
through which they have been exercised. We have no standard
by which to measure it. The period of history occupies only a
few thousand years. Supposing the granite to have been seething
and baking amid steam ata red heat for that time, we can well
imagine surprising results. But probably nature’s laboratory has
been working for cycles in which the historical period is only a
unit. What are the mutations observed in these granite hills as
a work for such eternal ages? The silence and obscurity in their
history is one of those mysterious chasms to the edge of which
science has enabled us to climb, but where we can discern only a
depth which is unfathomable.

- But now to account for the presence of the tin in the granite,

238 : STREAM TIN DEPOSITS OF PERAK.

or rather in the strata from which the granite is formed. I am of
opinion that it has been very finely, nay almost infinitesimally,
divided through the rocks just as gold and silver is in the sea at
the present day. Many people are not aware that these metals
exist in solution in sea-water, but in so small a quantity, that
tons of water must be evaporated before any appreciable quantity
can be extracted. Now, itis quite certain that the precious metal
is being deposited in the rocks forming on the sea-shore or at the
sea-bottom at the present day. No doubt, immense quantities of
this deposit would have to be reduced before even a trace of gold
would be seen, yet the quantity is absolutely if not relatively great.

But what is not possible to man’s chemistry is easily effected
in the great laboratory of nature. If the present shore and sea
deposits were subjected to such an action as that which reduced
the ranges here to granite, we should have the gold in rich veins
and shoots just as it is in the quartz veins in Australia. You may
be inclined to say that the gold in Australia has been much more
abundant than in the case 1am supposing, but this is not so. It is
estimated that more than five tons of quartz or vein-stuff has been
operated upon for every ounce of gold extracted, which is consi-
derably below the truth. This, however, be it less or more, is only
a mere fraction of the rock metamorphosed from which this gold
has been derived.

The whole process depends upon a peculiarity in the chemistry
of minerals which is only imperfectly understood. This is a ten-
dency to what we call segregation. Similar minerals seek each
other out and run together. In the heavier metals when they are
melted, one can understand it, but this occurs when the rocks or
metals are not melted at all, where they are not particularly heavy,
and where they take directions quite independent of the force of
gravity. You will find veins of quartz and veins of felspar running
through stratified rocks, you find lines of flints in chalk and sep-
tarian nodules in clay. If these things take place in solid rocks,
every facility occurs for their occurrence in granite. Thus, in
effect, we find in granite innumerable veins of quartz, felspar,
iron ores, tin from seams of considerable thickness to the merest
threads. They evidently do not depend upon cracks in the stone
and could not have been injected in a fluid state. They have
simply segregated and come together in that strange movement
of particles to which the materials of the most solid rock are sub-
ject, by means of which they evidently travel long distance.

Now, turning to the tin ore, we find it in the form of an oxide.
Pay attention to this. Tin is easily melted. If it had been sub-

STREAM TIN DEPOSITS OF PERAK. 239

jected to mere héat, it would have run together in the form of
pure metal as it doesin the smelting furnace. But under heat
pressure and with water, it is forced to combine with oxygen gas,
a combination which is not easily effected without those conditions.

Tin when kept at a red heat with free access of air; oxidizes readily. ©

There are two forms of oxide of tin, one in which one volume of
tin combines with one volume of oxygen, this is called the proto-
_xide or stannous oxide obtained by chemical precipitation. It is
a very unstable compound, and on slight application of red heat
makes it burn like tinder and become stannic oxide. There is the
second combination, or peroxide of tin, in which one volume of tin
is combined with two of oxygen. This is the common ore of tin.

Tf heat alone had been concerned in the production of the tin
which is found, it would have occurred in a different way. The
peculiar oxide of tin, which is so familiar to you here, is a state of
the mineral which can hardly be adequately explained, unless formed
slowly. Crystals of Cassiterite may have been formed by the sole
action of water just as crystals of silica are so formed. But the
proximity of the granite renders the conclusion more probable that
the agencies of heat, pressure and superheated steam have been all
In operation in the production of this oxide of tin.

Usually, the form of the fragments of Cassiterite in the drifts
is not crystalline. You do find many crystals, but the majority of
the grains are angular and amorphous. The edges are very clean
and sharp, and not often manifesting any marks ofabrasion. They
resemble in this respect the fragments of quartz washed out of
eranite which are associated with them in the drift. From this
I conclude that the tin has been amalgamated in the matrix or
other rock paste just as quartz, felspar and mica are.

Iam rather diffident in propounding a theory as to how this

may have occurred. Supposing, however, tin to have been finely ©

disseminated through the formation which went to form the egra-
nite, it may have been sublimed and then condensed on the edges of
the strata where the metamorphism was not complete. Thus it is
found at the junction of the granite with the stratified rock. The
use of the terms subliming and condensation may be a little mis-
leading. I only use them as generally expressing the category to
which the processes may have belonged. As a matter of course,
they must have been different, because the conditions were differ-
ent from anything which we can reduce to experiment.

I am aware how unsatisfactory any theory is which cannot be
brought to some test for its verification. In this matter, however,
we must rest content with explanations which are little more than

24.0 STREAM TIN DEPOSITS OF PERAK.

plausible guesses. In tracing back things like the metalliferous.
deposits to their true causes, we are still working very much in the
dark. My object in this lecture has been to point out what is
really known about metamorphism and to show how it bears upon
the occurrence of such ores as Cassiterite. I hope I have at least
succeeded so far as to give you aclear and simple exposition of
the subject, and with this, 1 must rest satisfied and conclude my
lecture.*

*NoTEe.—Tin is found in drifts or alluvial deposits in Perak. Many
think that it must have been derived from veins and that these will yet be
found, The context of these lectures will show that I donot think so. The
true matrix of the tin isin granite at its junction with the clays where it has
been abundantly disseminated in fine and coarse grains. Nevertheless, in north-
ern Perak there are tin veins or true lodes. Furthermore, I wish to place om
record my opinion that the stream tin deposits of Perak are practically inex-
haustible.

REMBAU.

As little has been recorded on the subject of this State, except in
works not very accessible, and as I have visited it officially on
several occasions, I have thought that a short account of the coun-
try may not be without some interest for the readers of this
Journal.

This State is one of the countries known as the “ Négre Sémbilan,’ One of Negri
or Nine States, formerly under a Yam Ttan (in full, Yang-di-por- Sebi
tian) Bésar and a Yam Tian Maida, each, however, with its own
chief or Dato’ Pénghilu.

In Rémbau, as in Naning and others of the “ Nine States,” a Menangka-
considerable portion of the population are Ménangkabau by descent, bee One
and Ménangkabau people still come over, as they do to Malacca.

Its name is said to derive from an enormous Mérbau tree which Supposed de-
used to grow in the plain near the foot of Ginong Dato’; there Een a
are said to be some traces left of it still.

Another account states that the great tree fell down from the
mountain, and that the name of the country arose from the des-
eription of the noise of the fall as the colossal stem thundered down
the steeps—“ mérbay, rémbaw.” (7)

It is further related that so vast was the size of this giant of the
jungle that its head reached to the Sungei Ujong(?) stream, to which
it gave its name (i.e., Sungei Ujong Kayu Mérbau); while its
branches extended to the Moar, and it has been pretended that from

(1) Probably a case of metathesis. This is likely enough to be the origin
of the name; the other accounts are, of course, later embellishments.

(2) This is the recognised official spelling, or I should spell it “ Hajong”’
in accordance with the proper Malay spelling, though Malays have begun to
drop the “h” in this word, as in other similar ones, but I see no reason to
drop it because it ismute. Many Malays still soundthe “h” in ‘“hitam” and
“hayam,” though the latter is more commonly sounded now without it.

Original set-
tlement of.

Pénghailu
how elected.

Alter nate
election.

242, REMBAU.

this circumstance “ Mérbau Saratus,”(?) one of the limits of fishing
rights on the Moar, took its name.

Rémbau, like the rest of these countries, was, according to Méntra
traditions, at first inhabited by the aboriginal tribes alone, and its
first Penghilu was, like that of Naning, appointed by the Dato’
Kélana Pétra of Sungei Ujong. (2) .

Another local version is that Rémbau was first settled by Batin
Béndahara Sakidei at Hilu Rémbau near Gtnong Dato’, and he it
was who felled the mighty Mérbau tree. According to native autho-
rity quoted by Newzoup, Bendahara Saktidei was the first chief of
Sungei Ujong upon whom the title Kéiana P&tra was conferred,
and was the son of a Batin,(*) and the following account of this
origin was related to Newsotp by the Raja di Raja of Sungei
Ujong :—

“In ancient times one of the princesses(+) of Sungei Ujong hav-
ing had the presumption to laugh at the naked state of a Batin
of the Jakuns, incurred his resentment, and was compelled irre-
“ststibly to follow him through thicket and brake, until, moved
with compassion, her ‘ sans-culotte maitre de danse’ broke the
“spell and married her. The offspring of this sylvan union is said
to be Sakidei,(*) from whom descend the Pénghilus of Sungei
“ Ujong.”

“ Béduanda” is the name of one of the chief aboriginal tribes
in the South of the Peninsula, and two of the chief Rémbau tribes
bear the same name—the Béduanda Jawa, and the Béduanda Ja-
kun—from which the Pénghilu is alternately elected.

This alternate election is said to be due toa dispute in days

(1) The real origin of this name was probably that it was a very large tree,
said to have 100 branches: cf. “rénges tijoh” further down the Moar, which
has seven stems branching from one root.

(2) ef. infra with approval of Johor.

(3) ° of. infra.

(4) The tradition, if the word “princess ” is to be taken literally, is some-
what mixed (a not uncommon occurrence) about this, for there was no princely
race in Sungei Ujong at the time; but it is a common practice to confer this
title on women remarkable for beauty and fairness of complexion, and it may
mean no more.

(5) cf, with Rémbau tradition infra. which makes him come from Johor,

REMBAU. 243

gone by between the two branches of the Béduanda, each claiming
the right to elect the Pénghilu, which was settled by the sovereign
of Johor giving each the right alternately.
He at the same time gave distinctive titles to the Pénghtlus—to Titles.
the one elected from the “ Béduanda Jawa” that of “ Sédia Raja,”
to him of the “ Béduanda Jakun ” that of “ Léla Maharaja.”
The office is hereditary, descending on the side of the sister, as in
NAning and in all the Ménangkabau States. Jattach a table shewing
the constitution of the country, and giving an approximate estimate
of the numbers of each tribe.
It will be noticed that the population is mixed. Mixed na-
The Siamese probably date from the time of the invasions by their MICE NUN
ancestors recorded in the “S&jarah,’ and which, if we may believe
that work, took place shortly before the Portuguese took Malacea.
Acheh and Malacca were at one time intimately connected, the
latter, at first the superior, having subsequently become feudatory
to the former.
The boundaries of Rémbau with Malacca territory were defined Boundaries.
by the Treaty of the 9th January, 1883, and were fixed as follows :—
Kwala Sungei Jérneh,(*) Bukit Bértam,(?) Bukit Jélétong,(?) Bukit
Paitus,(*) Jirat Gunjei,(°) Libok Talan (¢) Disun Feéringgi(’)
Disun Képar,(*) Ulu Sungga, Bukit Pitus.

(ja ] Jere,” clear.

(2) “ Bértam” a palm-like reed, of which the leaves are used for thatch,
and the stem split for walling houses.

(3) “Jélétong,” a fine gétah-bearing tree. The gétah is mixed with other
marketable gétah.

(4) “ Bukit Pitus,” cleft hill, a very common name all over the country.

(5) “ Jirat,” a grave; “gunjei,” a giant. This giant is said to have beenso tall
that he could pluck the cocoa-nuts as he walked along; he is said to have been
killed at Padang Chachar (the plain of the chachar trees) by introducing a spear
head into a bambu in which water was given him to drink so that when he
tipped it up to drink he swallowed the spear-head, on which he fied, and was
brought down by being cut in the leg; he fell and was buried where he fell, the
heap over this marks the boun dary point, where a pillar is now erected.
There is another Jirat Gunjei in Tampin, said to be that of a female Gunjei.

(6) “Ltbok,” pool in a ren: “talan,” a tree (in other parts of the coun-
try called ‘“ gapis Ds

(7) “ Féringgi” Portuguese ; “ disun ” orchard.

(8) “ Képar,”’ a very peculiar stumpy kind of palm,

Chief places.

Population.

Character.

24.4 REMBAU.

The Rémbau branch of the Linggi from Sempang upwards forms
the rest of the boundary line.

The boundary with Sungei Ujong was fixed about two years ago
by His Excellency Sir F. A. Wxtp, as, previous to that time, there
had been disputes aboutit. It now runsas follows :—from Sempang
to Bukit Mandi Angin, thence to Pérhentian Tinggi, and thence
to Gtnong Anesi. The boundary on the inland side towards
Sri Ménanti, Inas or Jélei, and Johol has shifted from time
to time, Gtnong Pasir, which is now under Sri Ménanti, is claimed
as properly belonging to Rémbau, though in Nrwego1d’s time it
was said to have originally belonged to Joho], and this last is con-
firmed by the aborigines, who are the best authorities. The
boundaries with Sri Ménanti are said to be Ginong Ttjoh, and Gu-
nong Lipat Kajane.

Those with Johol, Batu Gajah (on hill of that name), Gunong
Dato’, Pérhentian Lantei (or Tinggi) on Bukit Ulu Api-Api, and
(Ganeluding Tampin) Batu Béripit (now claimed to be in Tampin,
Pérhentian Manggis being said to be the right point, on Bukit
Kida Mati), Jéram Kambing and Bukit Patus.

Sempang, where the Rémbau and Pénar join to form the Linggi,
and where we have now a Police Station on a small piece of land
ceded to Government in 1874, was formerly one of the chief places
in Rémbau; K wala Pédas, a few miles further up on the right bank,
was another, but they have both been abandoned. At Bandar Rasau
was the residence of the Yam Ttian Maida, and latterly of the late
Pénghilu Haji Sail. In Newsor’s time the Pénghulu lived
at Chémbong. The present Pénghtlu resides at Gémayun near
Chéngkau, where Haji Sail had another residence. Ritmbau, in —
proportion to its size, is, no doubt, the most populous of these
native States, being probably about 11,000, exclusive of Tampin,
Kru and Tébong ; the details will be found in the table shewing the
constitution of the country ; in Newsorp (1839) it is given at 9,000
including Tampin and Kru. The most populous part of the country
is said to be inland at Sri Lémak and Ulu Sépri, but this is not
confirmed by the numbers I have obtained. From the table first .
alluded to, it will be seen of what a mixed character the population

REMBAU, 245

is. They likewise bear, among the Malays, the character of being i
pre-eminently treacherous. The Gadong district (lying between |
our frontier and Giinong Dato’) near which Haji Mastafa lives,
is said to be the harbour of robbers aud cattle-lifters, but Haji Pr
Mastafa is too far advanced in years, too imbecile, and too much |
in the hands of others to do anything to improve matters ; but :
inder the new régime we may in time look for amendment. :
As Rémbau used to be the place of installation of the Yam Tian Rembauplace |
or Yang-di-pértian Bésar, it. will not be out of place to deal here ya \
with the subject of the Yam Tians. The original States in the
interior of this part of the Peninsula, according to tradition, before
they became “ Négri Sémbilan” were Kélang, Jélébu, Sungei Ujong W
and Johol, with seniority in the order given. i
The “ Négri Stmbilan ” are stated by Newsorp, and probably cor- oyicinal Ne- |
rectly, as being originally as follows, Kélang, Jélcbu, Sungei gti Sembilan.
Ujong, Johol, Stgdmat, Naning, Rémbau, Htlu Pahang (including
Sérting and Jémpol) and Jélei Gn Pahang, adjoining Jélébu).(*)
Kélang soon fell under the domination of Sélangor.
Johol originally eluded Jémpol and the whole watershed of the -
Moar as far as the Palong on one side and Mount Ophir on the
other, having on the N. & W. common boundaries with Jélébu, Sungei
Ujong, Rémbau and Naning (the latter now included in Malacea).
Ségdmat seems to have been absorbed by Johor a generation or
two since. Naning and Rémbau were children of Sungei Ujong,
and ‘when the former of them came more directly under Dutch
influence, Sri Ménanti, or more correctly Hilu Moar, which had
asserted independence of Johol, took its place in the confederation.
About the middle of last century, the Dutch, in conjunction with Origin of

the sovereign of Johor, Sultan AppuL Janin Suan, who was suzerain te (nee
; Saar.

—

(1) There is of course another Jélei also known as Inas, which, till a genera-

tion or two ago, formed part of Johol, nor is it clear taat it is entirely separ-

ate now ; this district could not have been one of the original “ Négri Sémbi-
lan ;” the title of its chief is the same as that of the Johol Dato’, while that of
the Jélei in the text was Maharaja Pérba. No doubt with the decadence
of the Johor dynasty, and the practical independence of Pahang, Jélei ceased
to be regarded as anything but a dependency of the Béndahara.

246 REMBAU.

of the Nine States, appointed Daing Kambéja, a Bugis Prince, as
their chief.

His rule, however, was not approved of, and the Pénghilus of Sun-
gei Ujong, Johol, R&mbau and Hiilu Moar invited, with the assist-
ance of the Dutch and the consent of Johor, the Princes of the
Ménangkabau dynasty to come over as their chiefs. Daing Kambéja,
however, found support with some of the Pénghiilus, and for a time
hostilities ensued between the rival parties, but in the end Raja
Mélawar, the Ménangkabau Prince, prevailed, and Daing Kambdja
withdrew to Riau, where he died in 1773. Thenceforward Johor,
by common consent, had nothing more to do with the Négri Sémb1-
lan.

Raja Mélawar was then duly installed as Yang-di-pértiian Bésar
by the four Péngbilus of Sungei Ujong, Joho!, R&émbau and Hilu
Moar (who were styled the Pénghilu Bélantik from their office of
installing the suzerainty in Rémbau, which was thenceforth called
“Tinah Kérjaan,” z.e., the place where the business of installation
is performed, not ‘‘ kardja-an,” so it is said.(*+)

Thence the suzerain proceeded to Sri Miénanti, his place of resi-
dence, so named from the chief and Batins there waiting to receive
him in state, and it was called ‘‘ Tanah Ménegandong.’’(?)

The bdleis erected for the suzerain on his visits to the different
States were constructed of peculiar form, which must not be altered.
That in Sungei Ujong was called “ Balei Mélintang ” according
to the best account, figuratively speaking from its Fénghutlu*being
in a position to oppose any innovations attempted by the Yam
Than ;(3) that in Johol “ Balei Bértingkat ” in the same way, being
as it were, a third story on Sungei Ujong and Rémbau, and being
next door to Sri Ménanti, would bring their representations mght
up to the Astana.

(1) Iam disposed to think it was “ karaéja-an” origin

(2) “Kandong,” to be with child, in that sense to carry
place bore or supported the Yam Tuan Bésar. ;

(3) Not, Iam informed, as NEWBOLD states, because it was built at right
angles to the river. The allegorical explanation given in the text is more in
accordance with Malay ideas.

aie)

QQ)

rele .
YY,

to support, so this

REMBAU. 247

The real power in these States is vested with the Pénghilu, that Real power
of the suzerain being nominal only. Newson, from whose writings A Pengha-

I have taken much of the account here given, states that, on the
elevation of Raja Mélawar to the office of Yang-di-pérttian, the fol-
lowing arrangement was agreed to between him and the Pénghilus:
that he should assemble them on affairs of State and submit to a
majority ; that his maintenance be furnished equally by the inhabi- ®

{aintenance
of Yam Tuan

tants of the four States, each house contributing annually a gan- Besar.

tang of padi, two cocoa-nuts and one suky (¢.ec., 184 cts.).

Ou the occasion of a death, marriage, or circumcision in the
Royal Family, each Pénghilu was to send three buffaloes and to
furnish a certain sum for distribution (probably for the benefit of
the various officers who took part in the ceremonies).

In the case of a war also, the Pénghtlu was expected to come
forward with a certain contribution of men, arms, ammunition, and
provisions,

The Pénghtlu derived his revenue from his power of inflicting
fines, and from contributions in kind made by the people of his
State ; he was said, too, to have the power, in other Malay countries
reserved to the sovereign, of enforcing gratuitous labour, but I
doubt if the power has been exercised, except to a very limited
extent.(1) The respective positions of Yang-di-pértian and Péng-
halu are also defined by the following verbal Ménangk4bau tradi-
tions :—

Undang-undang of the Negri Sémbilan. (2)

Alam nen béraja, liihak nen berpenghilu, siku bértiha, anak biah
beribu bapa.

Uhe kingdom is under the Raja, the district under the Pénghilu,
the swku under the elder, and the members of the siku

(1) Such as helping in padi-planting and repairing the Pénghfilu’s house
and fence.

(2) te, of the “ Pérpatih (or perhaps more proper] ly “ Péti” Pihang) Saba-
tang, opposed to which is the “ddat t®ménggongan.” I may refer to thig in
greater detail on a future occasion.

Pénghilu’s
revenue.

Undang-un-
dang.

|

248 REMBAU.

under the iby bapa, (lit., father and mother) title of subordi-
nate elder.

Sabingkah tdnah térbalik, sa hélei ivat kdyu yang pitus undang
yang punya.

Hyery clod of earth upturned, every slip of root snapped, is the
Pénghilu’s.

Deri hilu dy&r ményencheng sampei kahilir ombak méméchah, To’
Bandar yang punya.

From the trickling source of the stream to the mouth when the
waves break is the To’ Bandar’s.

Di pijak tanah, di langkah akar undang yang punya.

All the soil and roots under foot belong to the Pénghifiu.

Di sauk dyér, di pdtah ranting sa champak gdlah di tépi tebing
To’ Bandar yang punya.

All water taken, or boughs broken within reach of a punting-
pole from the banks, belong to the To’ Bandar.

Adat itu di anjak(*) ldyu, di dlih matt.

Neglect of these customs will bring decay on the country, and
if they are changed, destruction will result.

Adapun Raja itu tidda mémpinya negri dan tidda bileh menchikei
kharajat, mélainkan bérkaddilan sahaja sérta pérmdkananya
duti sasiku, béras dia gantang, nior satali.

Now the Raja does not own the country, nor can he levy taxes
on its produce, but with him lies the final award of justice
only, and he obtains a maintenance of a ‘“‘siku”’ (12 cents),
two gantangs(gallons) of rice and a string of (7.e., 2) cocoa-
nuts. [A contribution from every householder. |

Karna sésar ikan kabélat sésar bélat katebing.

For the fish (being pressed) rest against the weir and the weir is
attached to the bank, (7.e., the Lémbaga look to the Pénghtlu,
and the Pénghilu to the Raja).

Jika runtoh tébing, bindsa lah bélat. ;

If the bank gives way the weir is destroyed (i.c., if the Raja is

: without justice, the Pénghilu is wndang-less, and the four

(2D. wh “ai chabut”

BREMBAU. 249

sikus are without their Lémbdéga, the waris get no inheritance,
and the country is destroyed).

The following table gives a view of the Yang-di-pértiians Bésar Table of Yam
and Miida from the time of their firsé introduction to 1832, from 1%™*:
which it will be seen that up to the time of Raja Ali’s appearance
on the scene, the Yang-di-pértians came over regularly from
Ménangkabau. He was called in by the Rémbau people to help
in the conduct of hostilities against Yam Tian Miida Raja Asil,
and his son Raja Haji, who had given offence by a marriage that
was considered unlawful.

(From Ménangkdbau.) Yam Tian Besar. Yam Tian Mida.
Raja MizAwan. ——

( Do. ) ——Anpim [ (died 1795-96)
leaving Rajas Asin and SAsun, latter
became Yam Tutan of Jélébu, and
Tinexu Porru. | | —--

(Do.) Hiram (died 1808.) Raja Asin (son of
Yam 'Tian Bésar,
Raja Apit.)
( Do. ) ——-Lengcane Laur (died Raja Arr(1815.)(*)
1824) had two sons RApin and
Usane.(?)
( Do. ) —Lisvu (1826.) a

——Att 1832. Syed SaBan 1882. (*)

(1) Son of Raja Hitam’s wife by her former husband, Raja Haman, brother
to Sultan Ibrahim of Stlangor.
. Me Téngku Antah, the present Yam Tian of Sri Ménanti is son of Raja
Adin.
(3) Syed Hamid, the present ruler of Tampin, is his son.

Raja Ali,

Syed Saban,

Syed Hamid.

Origin of
Pénghilu
Chiefs and
“Siku.”

Léimbaga.

250 REMBAU.

Raja Ali intrigued himself into the position of Yam Tian Miida,
and after the defeat and retirement from the country of Raja
Labu, the last Ménangkébau prince, he succeeded in obtaining
the object of his ambition, the position of Yam Tian Bésar, to
which, as to that of Yam Tian Mida, he had no real claim at all.

From the time of his advent till quite lately, Rémbau and the
neighbouring States have continued to be troubled by a series of
intrigues.

He appointed Syed Saban, his son-in-law, Yam Tian Mida, who
was ultimately unable to hold his own, and after the Naning war
became a pensioner of the Government, living alternately in Malacca
and Tampin, which latter place has, from the time of the first Yam
Tian Mida Raja Asil, been assigned to the prince holding that
position for his maintenance.

Syed Saban’s son, Tengku Syed Hamid, though he has long en-
deavoured to obtain the position of Yam Tian Maida, has never
succeeded in securing the needful recognition, and now rules in
Tampin only, which may be now considered to be as completely
severed from Rémbau, as that State is from any further connection
with a Yam Tian either Bésar or Muda.

The following account embodies those traditions which have
been handed down in Rémbau regarding the origin of the Pénghilu,
of some of the chiefs, and of some of the sékus, and will be found,
as might have been expected, to differ» in some points from others
on the same subject already referred to and obtained from different
SOULCES. |

Among the “Lémbiga” cr eight chiefs of ‘“stku” the two
highest are the Gémpa Maharaja, and Mérah Bangsa.

This is because, on the decease of a Sédia Raja Pénghila, when
the chiefs are assembled for the election of his successor, the Dato’
Gémpa Maharaja’s duty is to install him and notify it to the people.
And on the decease of a Léla Maharaja Pénghilu the Dato’ Mérah
Bangsa discharges similar functions.

The four Lémbiga in the low country are held senior to the four
inland, and when one of the former dies, his insignia are half those
displayed on the death of a Pénghilu, while those of an inland

REMBAU. 251

chief are slightly less; money, for instance, is not scattered on the
way, nor are cloths spread on the path. The story of the origin of
Dato’ Gémpa, Dato’ Pérba, and Dato’ Pitih is as follows: There
was a chief named Dato’(!) Béndahara Sakidei(?) (his wife was a
Jakun, daughter of Batin Saribu Jaya, she was called Princess Long-
hair), who came from Johor with his followers to open Rémbau.
After him came a man from Ménangkabau named Dato’ Léteh, and
he and his party became trusted to the Dato’ Bendahara, and sup-
ported the people from Johor: they all settled at a place called
Kébun Lida (Pepper Garden). After a time Béndahira Sakidei
had three children (female) the eldest named Dato’ Bungkal, the
next Dato’ Midek, andthe youngest Dato’ Ménekidu. Later on he

removed to Sungei Ujong, but he left his eldest child Dato’ Bune-

KAL in Rémbau with Dato’ Ltteh. Dato’ Léteh belonged to the
Mandiling branch of the Batu Hampar Stku, and at the time all
those of the Batu Hampar Stku who came over from Ménangka-
bau to Rémbau put themselves under him.

There were five branches of the Batu Hampar Siku from
Ménangk bau who adhered to Dato’ Léteh, viz., the Mandiling,
the Chéniaga, the Paya Bidara, the Pagar Chinchang, and the
Agam.

In course of time Dato’ Léteh looked round for a suitable hus-
band for the daughter of the Béndahara, and while he was consi-
dering the matter, there came a Ménangkabau man of the Chénidga
branch of the Batu Hampar Stku named Dato’ Léla Balang,
to ask for Dato’ Bungkal as a wite; all the family were agreed to
it, and they were married.

In due course Dato’ Léla Bilang became father of a son, waom
he named Léla Maharaja.

When he was about six years old, and the country had become
populous, Dato’ Léteh consulted with Dato’ Léla Balang, and
suggested that it would be advisable for the latter to go to Johor
and make over the country, for it belonged to the Dato’ Béndahiara

(1) The account quoted supra calls him a Batin, which would imply that he
was himself aJakun. The title of Bendahara is now in useamongst the Jakuns.
(2) Probably because he came from the river of that name in Johor.

Origin of
Gémpa Maha-
raja Pérba,
and Piitih.

First appoint-

252, REMBAU.

(Saktidei), the two Dato’ thought that no one else could rule the
country but Léla Maharaja, for he was the grandson of the Dato’
Béndahara.

Then Dato’ Léla Balang went with Dato’ Laut Dalam who was

mentof Péng- g Ménanegkibau man with a Javanese wife, to Johor and there

hélu.

Second ap-
pointment of
Pénghilu.

the son of Dato’ Léla Balang was appointed Pénghtlu Léla Maha-
raja, but while he was in his minority Dato’ Léla Balang under-
took the duties, and was given the title of Dato’ Gémpa Maharaja.

Then came Dato’ Laut Dalam complaining to Dato’ Léla Balang
that he had obtained the Pénghiluship for his son and the adminis-
tration of it for himself with a title, while he, Dato’ Laut Dalam
had got nothing for his trouble (the journey to Johor?). Then
Dato’ Léla Balang returned to the presence the same day and
represented the state of matters. The Raja asked whether Dato’
Laut Dalam had any daughters, and finding he had, decided that
when he grew up Léla Maharija should marry Dato’ Laut Dalam’s
daughter, and if he got a child, that child should be Pénghilu
Sédia Raja, whose duties should be undertaken by Dato’ Laut
Dalam, and Dato’ Laut Dalam had the title of Dato’ Mérah Bangsa
conferred on him. They then returned to Rémbau. (*)

It was subsequently decided, in consultation with Dato’ Léteh,
that all the Chéniiga branch of the Batu Hampar Siku should be
handed over to the charge of the Dato’ Gémpa Maharaja, z.e., Dato’
Léla Balang. The other four branches of the siku remained under
Dato’ Léteh, who was Dato’ Pitih, and have so continued to this
day. .

The descendants of Dato’ Laut Dalam became the “ waris”’ of
the Pénghilu Sédia Raja, because of the mother having been Java-
nese, and when the “waris” of both Pénghilus had become nume-
rous, an elder was put over them with the name of Dato’ Pérba,
who was chosen alternately from each side, being at one time
Jakun and the next Jawa.

Dato’ Ptfitih has always been considered to be connected with the

| (1) This and the other States were no doubt at the time of the taking of
Malacca by the Portuguese inhabited by aborigines only. These latter assisted.
in the defence of Malacca with their primitive weapons.

REMBAU. 253

Dato’ Pérba up to the present time, because Dato’ Liteh brought
up Dato’ Bungkal, and Dato’ Pitih is descended from Dato’ Léteh,
and Dato’ Pérba is descended from Dato’ Bungkal.
The foilowing account is given of the origin of the name “ Lima
Siku” in the low country :—
In the time of Pénghilu Kisir a woman of the Dato’ Pérba’s Origin of Li- |)
people was taken to wife by a man of the Mungkar tribe in Tampin, ”™* a |
but his people did not pay the marriage dowry. On this the Dato’
Pérba and Dato’ Pitih after consultation summoned their peopie to-
eether and went to Tampin to demand the dowry; they kept up
the attack for about a fortnight, but without success; then Dato’
Pitih and Dato’ Pérba called to their aid Dato’ Maharaja Sénara,
Dato’ Léla Angsa, and Dato’ Ganti Maharaja: these three agreed to
help them in the affair they were engaged in, and assembled all
their people and attacked Tampin, which was defeated at their first
attempt; the Munekar people admitted the dowry claim, and the
matter was settled. Then the five Dato’ returned to Rembau, and
there they agreed to act together always, and they had a feast and
slaughtered buffaloes, and Pénghtlu Kasir removed to a place
called Mesjid Batu Pitih, where there was a great assembly and
the five chiefy mentioned registered an oath with the spilling(*) of
blood and under the Koran, that they would remain five elders
with one Lémbaga, each with his ewn people, but of one mind,
whether advantage or injury should accrue, they should share it
as long as the sun and moon, which cannot change, endure. Which-
ever of the five chiefs should change or depart from the above
solemn agreement, he would be punished by the testimony of the
thirty books of the Koran, the Majesty of Pagar Riyong would
fall wpon him, and the weapon Kawi would make an end of him.
This was the origin of the five sikus, and thenceforth Dato’ Ptng-
hulu Kasir spoke of the four and five stikus, in the low country,
with respect to the “bérampat berlima siku,” and the “ bérampat

bérsémbilan sfiku” inland. It is said that the first settling of this Pe oe |

“a= |
(1) Hach party puts some of his blood into a cup, and then each dips his Hee 4 i@., Mm= J,
finger into the blood and conveys it to his mouth. :

254 REMBAU.

part of the country was agreed on by three chiefs from Ménang-
kabau ; one Dato’ Laut of Paya Kumboh (7) selected a stream called
Layang ; from him Dato’ Si Maharaja (?) is descended : another Dato’
Putih from Sri Lémak took the stream called Libok Risa; from
him is descended Dato’ Sinda Maharaja :(2) another Dato’ Inda Pétra,
aman of Batu Balang took the stream of Bintongan; he was the
ancestor of Dato’ Andika. (2)

These three all began planting in the places named. They
claimed from the sources of the streams to their junction with the
main stream. While engaged in clearing, they heard the sound of
many trees falling down stream within the range of their claims,
on going to see the cause, théy found one Dato’ Piteh Képala a
Sri Mélénggang man of Ménangkabau occupied in clearing. (Dato’
Mandclika (2)descends from him.) The place was called Batu Ham-
par. Then there was a dispute between the three chiefs and Dato’
Piiteh Képala, the former claiming from the gullies to the mouths
of their streams, saying they had settled there first; the latter
claimed the same, and their claims were equally strong, for they had
been all recognised from Johor. Later on authority came from the
Pénghtlu dividing the land between them, and making the boundary
from Batu Ménunggul to Tunggal Mérbau in the Batu Bésar jun-
ele, and thence to Tunggil Chichar, on to Kwila Anak Ayétr
Hitam in the Sépri stream ; whoever went up the Leng stream must
be under Dato’ Si Maharaja, whoever went up the Libok Risa
stream must be under Dato’ Sinda Maharaja, and any one settling
up the Bintongan stream must be under Dato’ Andika. So the
Tiga Batu people under Nang Bésar, who went up the Bintongan,
were under the jurisdiction of Dato’ Andika. So likewise in the
ease of the Sépri, Dato’ Pénghilu Uban brought two men from
Johor, Dato’ Chindei Luitan (a Béduanda, from whom descends
Dato’ Sétir Maharaja), and a Ménangkabau man of the Paya
Bidara branch of the Batu Hampar, (from whom Sitan Béndahara
is descended), aud told them to settle on the Sépri. They worked

(1) Name of a rush-like grass growing in swampy ground.
(2) Lémbaga “ di-darat.”

REMBAU. 255

with the three chiefs, Dato’ Si Maharaja, Dato’ Sinda Maharaja,
and Dato’ Andika, and they became five stkus, and were called
“bérampat berlima siku” being confined within the boundaries
above-mentioned.

Further down stream came Dato’ Méngiing of the Mungkar
stku from Machap,(1) anda Ménangkabau man, 7. ¢., Dato’ Maharaja
Inda, making three with Dato’ Putih Képala, 7. e., Dato’ Mandélika,
and these were called three elders and one Lémbaga.

The origin of the appellation “bérsémbilan”’ is that they des-
cended from nine mothers in these three siikus, four in the Sri
Mélénggang, three in the Mungkar, in the Tanah Datar (7) two; these
worked together, together bore disgrace and shame.

The eight Lémbaga of stkus, four in the low country and four
inland, hold the next position in the State to the Pénghilu, and in
all affairs of consequence he is obliged to consult them and to
follow the opinicn of the majority, and no treaties or agreements
aifeeting the country generally are valid without their signature.
The four Orang Bésar, though not heads of stkus, still, from their
position as “ waris”’ and consequent eligibility for the Pénehitlu-
ship, are able to exercise considerable influence. But subordi-
nate chiefs of intriguing character are, of course, often found to
have an influence greatly disproportioned to their official position.
The Dato’ Pérba, the foremost of the “ duablas siku,” also occupies
an influential position, from his being the head of the joint siku of
Béduanda Jakun and Béduanda Jawa, from which he, like the
Pénghiilu, is alternately elected. He is also eligible for the Péng-
hiluship. It will also be noticed that his siku is by far the most
numerous, being double any of the others.

The soil of Rémbau resembles that of Nauing generally. The
same may be said of its physical configuration; the country is of
an undulating character, the depressions being mostly “siwah,”
and the rising ground kampongs or secondary jungle. The hills,
except near the Malacca frontier, seem to be of less elevation than

in Naning. Bukit Bésar is the only mountain in the country, exclu-

(1) In Naning.
(2) Datar, %.e. flat.

Nature of
country.

Padi-land.

Crops.

Tin.

Prevailing
vock.

256 REMBAU.

sive of those in the ranges which divide it from Snngei Ujong, Sri
Meénanti aud Johol. | .

The “sawah ” or padi-fields are extensive, but a good deal is
now out ot cultivation, owing to the fatal cattle disease which has
raged during the last three years, and has carried off almost all
the buifaloes. I saw very few indeed.

A large proportion of the “siwah” have, however, been planted
out with padi this season, the fields having been prepared by means
of a large wooden “ changkul”’ or hoe, which is much used by the
Rémbauans.

The “sawah” divisions (“jalor” or “ pétak”’) strike meas being
a good deal smaller than those in our territory, probably owing to
the fact that they are cultivated by hand, and the “batas” ore
dividing ridges appear much better kept.

The soil of the “siwah”’ is of a lighter colour than is common
in Malacca and there is more tendency to sand and quartz grit in it.

The yield appears to be high, averaging eighty to ninety, and in
some places runs as high as a hundred-fold. At Gadong I noticed
the “sawah” soil was a very white clay with an admixture of grit,
and was told it was particularly good and produced a hundred-fold,
In this, as in other Malay countries, a certain amount of “ ladang,”’
or high-land cultivation, of padi takes place, more particularly
when circumstances are unfavourable for the “siwah” or wet cul-
tivation.

There is no tin worked in Rémbau, though it was acknowledged
that it existed, but was not worked for fear of the water flowing
from the workings poisoning the “sawah” and preventing the
cultivation of padi. At Ulu Pédas tin has been worked, but I heard
it had been given up owing to rival claims.

Granite is the prevailing rock, but quartz occasionally appears
cropping up to a limited extent, and loose fragments are found in
the streams. The soil on the mountains of Tampin and Dato’ is
good, of light brown, occasionally clayey. The variety of ferns on
Giinong Dato’ was considerable. The Tampin soil is said to be
richer than any in Malacca, except that in the Machap district

RUABAL, DB)

CONSTILTUTION OF REMBAY,

er rana { Léla Maharija. Béduanda Jakun
Penghiilu UStdia Raja, Btduanda ahaa i alternately,
per . ay sae
ee Title. ay a Stiku No. of Houses, Nationality.
Gee SS = -
Di biruh, ov low country.
ie Gtnpa Maharaja. | Batu Hampar. (2) 06 Ménangkaban.
oles P ‘ Chéniiiga,
Limbiga + 2} Mérah Banga. (2) Piya Kumboh, (@) he Sian
| 3) Sangstva Pahlawan. Mungkar. (7) 35 MeénanekAban.
(4) Bangsa Balang. (*) Tiga Nenek. 104 Siam, —
re Shahbandar. Béduanda. oe Jakun and Jawa.
Orang Bésar 4 6) Maneku Biimi. Do. re Tava averal spall
3 Uz| Matava Manint Lela penuend Jeleun:
Pérkasa. (°) Do. Jak
Lima Siku. se we
(1) Dato’ Pérba. Beduanda Jiwa and
eee Jakun, 579 Jiiwa and Jakun.
2) Dato’ Ptitih. Batu Hampar. 89 Ménanekiban
ia faesses | (Mandiling, Paya
fables Saku2! | Bidiva, Pagar
panna ; Chinchang and
| : Agam). (*)
5) Dato’ Maharija Stnara. Tanah Datar. (1) 70 Menangkaban.
4 Dato’ Léla Angsa. | Anak Achch. o7 Acheh.
(5) Dato” Ganti Maharija. | Anak Malika. 29) Malika.
1 Dato’ Dagang. (*) Sri Méltnggange. 18 | Nining.
———_
| | 1,110
Di dorat, or inland, di _ a el
hilu bevampat bertima |
sku. |
1| Si Maharaja. | Paya Kumboh. | 199 Ménangkabau,
Lembiga 2) Sinda Maharaja. | Sri Lemak. 61 Do.
3) Andika. (7) Batu Balang. 133 Do.
“ ai, ( 4) Sétir Maharaja, Beduanda. 86 Johoy.
REDS Shia (5) Stttan Béndahara. Biitu Hampar. | 35 Piya Bidara.
Orang Bésar 6 Maharaja Diraja. (5) | Béduanda. obo Jakun.
Di davat stblah hilir |
ber ampat bir sémbilan. |
Lémbiga 1| Dato’ Mandélika. | Sri Mélengeang. (7) 270 | Ménangkabau.
hablas Sle § 2) Dato’ Meéngiang. | Mungkar.. 157 Do.
Diablas Siku U3} Dato’ Maharaja Inda. | Tanah Datar. 70 | Do
| Inland 1,011
| Low country 1,110
Total 220
| _—————
|
lat 5personsahouse| 10,605
| SG P 12,726
| | ‘The 12 Siikus.
| 1 Batu Hampar.(*)
| | 2 Paya Kumboh.(‘) a
| | 3 Mungkar.
| 4 Tiga Nének.
| | 5 Béduanda Ja-
| | kun & Jawa
! and Johor.
6 Tanah Datar. (*)
7 Anak Acheh.
8 Anak Malaka.
9 Sri Lemak. (7)

| lo Batu Bailang. |
| 11 Tiga Batu. |
| | 12 Sri Melengeang, |

(1) Name of district in Métnangkaébau country.
(2) Maharaja Satan, with a branch of the Sri Mélénggang, is under Dato’ Mérah Bangsa,
(8) Owing to origin from a Siamese mother, but Paya Kumboh is the name of a district in jhe Ménangkabau coun-
try, which lies about fifty miles inland of the West Coast of Sumatra, behind Padang.
(4) Léla Raja, with the “Tiga Batu ” stu is under Dato’ Bangsa Balang.
(5) First made by Raja Radin.
(6) Dato’ Dagang is not one of the representative Chiefs.
(7) Nong Besar, “ Divat” head of the “ Tiga Batu,” is der Dato’ Andika,
(8) Hind., Adhivaja.

. =
<S
“ .
F
+

Li

REMBAU: 257

where tapioca is said to grow best.

The view from Ginong Dato’ is a fine one, extending westerly View from

. ‘ : finong

from the Sungei Ujong mountains, over the sea-board down to pg
Pilau Bésar in the South, where Ginong Tampin shuts out the
view ; between the latter, however, and Bikit Halu Api-Api, over
which is the route to Johol from Rémbau proper, Mount Ophir
rears its great pile.

To the immediate North hes Ginong Béragak slightly higher,
and forming the end of the amphitheatre opposite Ginong Dato’,
with which it is connected by a semi-circular ridge: from this rise
two nameless summits, the one adjoining Gunong Dato’ being
decidedly higher than the latter, and like the rest of the ridge
covered with trees which shew no tendency to be dwarfed.

Ginong Dato’ itself I make 2,060 feet above Gadong at Haji qeieht of Ga-
Mastatfa’s house, which cannot be much above sea-level. Ginong nong Dato’.
Tampin is, to judge by the eye, 200 feet higher.

The summit of Gineng Dato’ is very peculiar, bemg formed of Peculiarsum-
immense rocks, some 50 or 60 feet high resting on a space which ™t.
is barely enough to support them; between the two main rocks
hang suspended 2 or 3 smaller rocks, under which is sufficient
room for a large party. On one of the smaller rocks in this cham- Legend.
ber below has been placed an earthen jar into which water trickles
from above ; this water is often preserved by the devotees, who are
constantly making the ascent to pay their vows, as having peculiar
and sacred properties. On the top of the massive rocks first
mentioned are smaller rocks which form the actual summit, and on
one of these is to be seen a small hollow, shaped something like the
print of a human foot. This footprint is attributed to the Pétrt
Gtinong Ledang (Princess of Mount Ophir)—a fairy being, who
touched here on her way from Tanjong Tuan, whence she had taken
flight in her magic robes from the importunities of the crew of her
late lord Nakhéda Ragam, whom she had in a moment of irritation
slain with a prick of her needle. To this footprint the mountain
owes its name of Dato,’ and its reputation as a “kramat.” There
is only one tree among these rocks, and that not in the summit,
so that there is a clear view all round, except where the mountains,

to’.

258 REMBAU.

lying close inland, intervene and shut out Sri Ménanti, Jélei, Johol,
and the Moar River.

I was fortunate in having a fine clear day on Gunong Dato,’ and
was able to take a number of bearings with a prismatic compass,
including a certain number of places in Rémbau territory lying at
my feet.

The result is embodied in the accompanying rough chart, which
has of course no pretensions to accuracy, but may perhaps serve to
give a better idea of the country than has hitherto been attainable.

On a further occasion I hope to give some further account of the
chiefs of this State and their surbordinates, as well as of their
functions, and some of the local customs.

D. FP. A. HERV EX:

THE TAWARAN AND PUTATAN RIVERS,
NORTH BORNEO.

HE following sketch of these two rivers, taken
from the notes of a trip which the writer had the
pleasure of undertaking recently im the company of
Mr. A. H. Everett, known for his researches into
the ornithology of the Philippines, do not claim to be

more than a cursory survey, but may contain some elements
of interest, as treating of two rivers that have remained prac-
tically unvisited since the respective visits of Mr. Bursipes,
the botanist, on his journey to Kina Balu, and of the present
Sir Spenser St. JoHn, in one of his numerous exploring
expeditions.

The Tawaran river is reported to take its rise in the moun-
tains flanking the great mountain of Kina Balu to the South.
An affluent of it, however, called by the local Dusuns the
Sungei Damit, which flows into the main stream on its
true right bank at a point some few miles only from the sea,
is said by them to flow more from the North of East, and may,
therefore, be surmised to take its rise from the western flank
of the big mountain. The mouth of the Tawaran opens to the
westward, and is partly closed by the invariable sandy bar
which obstructs the entrances of all the rivers of this part of
Borneo.

Starting from the island of Gaya, where the North Borneo
Company have a station, our route lay across the bay of that
name, past the mouth of the Menggital, or Kabatuan river,
which, debouching to the westward, has good anchorage in
deep water off its mouth, to a landing place called Gantisan
situate in the bight of Sapangar bay, where formerly the vil-

262 THE TAWARAN AND PUTATAN RIVERS.

lage of Gantisan stood. A low neck of land separates Sapan-
gar bay at this point from the adjacent basin of the Karimbu-
nai river. Coal is reported by the natives at this pomt. The
water supply is good, and there is secure anchorage close in-
shore protected from both monsoons. A very slight cutting
would suffice to pierce this narrow collar, and ‘would thus
render Gantisan, the natural outlet of the trade of the Karim-
bunai, MengkAbong and Tawiran rivers.. The soil of the
whole of this dividing ridge is apparently lateritic sandstone.
Descending into the valley of the Karimbunai river, a short
walk down os left bank brought us to the village of that name,
the headquarters of Pangéran Ravp, the Governor of the dis-
trict, a feudatory of the Sultan of Brunei and a member of
the former Brunei royal family. On examining an outcrop
of the strata on the river bauk, the strike proved to be N.E.
with a dip of about 80° bed rock sandstone. After an inter-
view with the old Pangéran, a boat was procured in which we
paddled down to the common mouth of the Karimbunai and
Mengka&bong rivers. This is remarkably narrow and would
seem to have been contracted by the formation of a high sand-
bank which has been, and is being, pushed southwards by the
influence of the north-east monsoon and of the heavy swell
from the China Sea, the action of the opposing monsoon being
greatly neutralized by the protection afforded by the project-
ing bluff of Gaya head to the south-westward. The entrance
is “said to be fairly* deep, but would probably be impractica-
ble in heavy north-westerly winds. Paddling up the broad
expanse of the Sore ee river, our course, on the average,
being about EH. by N., we came upon some fine reaches of
water. Numerous channels branched off from the main one,
which was flanked to the northward by mangrove growth, and
to the south and east by grassy-hilis, while a bold range tow-
ered up to the 8.E. A few miles further brought us toa
point at which the river expands into a large, lake-like sheet
of water, from the upper end of which a perfect network of
broad channels diverge, dotted in all directions with Bajau
villages extending for away up to the foot of the mountains.

* Hight feet or so.

THE TAWARAN AND PUTATAN RIVERS. 268

The entire population of this district is Bajau, and is sup-
ported mainly by fishing, a little hill paddy being grown as
well.

The Mengkaébong “river,” so called, bears evidences of
having been originally an inlet of the sea dotted with sand-
stone islands, which have, for the most part, become connected
by the rising of the land and by the silting up of the basin
itself, the blocking up of the mouth of which, by sand-bars,
has Jed to its assuming its present form. In general fea-
tures, it much resembles the Suliman basin, no great distance
to the north of it.

After threading this watery labyrinth for some hours we
penetrated a narrow channel and landed at its head, at a small
kampong called Brungis, whence a walk of about an
hour over a low ridge, and then across a broad plain,
brought us to the banks of the swiftly flowing Tawaran river,
which at this point is a fine stream rolling its turgid yellow
flood along between sandy banks of medium height. The
Tawaran here intersects a level plain of large extent and sandy
soil, dotted with homesteads surrounded by plantations of
cocoa-nuts, and here and there under paddy cultivation. This
plain is bounded by the sea to the W., by the mountains of
the upper Tawaran to the H., and to the 8. by the low ridge
mentioned above, which divides the respective water-sheds of
the Tawaran and the Mengkabong. On the northern bank
the plain apparently extends to the foot of the mountains
separating the Tawiran from the Suliman basin. Our route
from Brungis lay East, Hast by North and then North, and the
portion of the plain traversed had a general fall towards the
East of North, but a very slight one.

On striking the river, our course lay upstream for some con-
siderable distance, at first over level ground, and then, when
the limits of the plain had been reached, and the true valley
of the Tawdran entered, along the steep flanks of hills abut-
‘ting on the stream, where a false step would often have preci-
pitated one into the flood below. Fields of paddy, groves of
cocoa-nut trees, herds of buffaloes, together with pigs, goats
and poultry, betokened a well-to-do and prosperous population.
Sugar-cane appeared to thrive, but the specimens seen were

264 THE TAWARAN AND PUTATAN RIVERS,

not well planted and were short in the staple. Some of the
Dusun homesteads dotted about this Tawaran plain possessed
quite a home-like air of tranquillity and repose about them.
Nestling in the grateful shade of cocoa-nut groves, bowered in
broad-leaved bananas, and girdled with green paddy fields,
they had a pleasant look to the tired traveller’s eye. Snowy
paddy birds dotted the verdant pastures, huge adjutant birds
flew on lazy wing from point to point. The scene was not
without its idyllic charms, nor were home-associations want-
ing in the familiar-sounding caw of the Bornean crow (Corvus
validus ) as it was borne to the ear on the breeze.

The district towards the mouth of the Tawaran is called the
Timbalang country, and has a Bajau colony settled in it.
Above this point the Dusun population prevails, though a
Bajau house may be found here and there. The tribal desig-
nation of the Tawaran Dusuns is Latud, and it may here be
mentioned that that of the Dusuns up the Tampassuk river
further north, is Tindal ; that of the Dusuns in the vicinity
of the North Borneo Company’s Station of Kudat, on the
north coast, Memdgun ( vide the late Mr. F. Wirtr ); while
that of the Dusuns up the Labuk river, on the east coast, is
Tambenua. 3

Reaching at sunset the house of a Bajau named Inv, who had
settled down there and had taken a 'Tawaran Dusun maiden to
wife, we put up for the night, our slumbers soothed by the
potent influence of some twak, or cocoa-nut toddy, pressed
upon us by the proprietor of a neighbouring Dusun house.
This district we were told was called 'Telibong.

An early start on the morrow down the bank of the river,
brought us to the village of Liong Liongan, the Tawaran at
our starting point flowing from N.H. with a rapid current. The
bed rock of this region is sandstone. Proceeding some dis-
tance further down stream we accomplished a perilous transit
in a gobong, or dug-out canoe of the very slenderest di-
mensions. C’était un mauvais quart d’heure, for neither of
us could swim, and the river, swollen by flood water, resem-
bled a boiling, eddying Maelstrom, but fortune was kind, and
on safely reaching the right bank, a short walk brought us to
the Sungei Damit, which we struck a few hundred yards above

THE TAWARAN AND PUTATAN RIVERS. 265

its confluence with the main river. The Sungei Damit is a
deep, sluggish stream shut in by high muddy banks. ere we
halted at the house of the Datus Bandara and Tumonggong—a
large. long structure of the ordinary Dusun barn-like type. A
sago extracting apparatus was set up on the river bank here,
in which product a moderate trade exists there. I had, en rouse,
noticed cocoa-nut and areca palms, bananas, kéludi, and
paddy in profusion. The eountry isin fact very prosperoas,
iu despite of the ravages of the memorable flood of January,
1883, which was very destructive in the Tawaran district.
From the Datu Tumonggong’s conversation, it appeared that a
tamu, or market, was held at a place two days’ journey up
the Sungei Damit, to which the people of Kiau—the village on
the flanks of Kina Balu, visited by Messrs. Bursipcx and
SPENSER ST. JoHn at different times—came down to trade.
The route was, however, at present closed, owing toa blood-
feud.

Returning in the afternoon to Isu’s house, we started, after
a light repast, for Tempeluri, a village some distance up the
Tawaran, reaching the house of a Datu Massup1 at about 3
P.M. The Tawaran 1s here a fine rapid stream, bordered on its
true right bank by wooded hills, and on its left by level ground
well planted with cocoa-nuts, with paddy fields beyond, bound-
ed by hills in the back-ground. The height of the river ren-
dering it impossible for us to proceed to Bawang or Lokob,
we returned to our head-quarters in Igvu’s house at the foot of
the hill of Tagerangan, after a tramp of altogether some 15
miles or more. In the evening a native of Kiau, named
BuncAran, arrived. ‘his man, in the course of conversation,
declared that no man had ever yet reached the true summit of
Kina Balu, which, he asserted, is inaccessible from every
side when once a certain elevation has been reached, the re-
mainder of the ascent being sheer precipice. He added that
there is a Dusun legend to the effect that a deep lake exists
on the top. This is probably only a deduction on their part,
drawn from the existence of perennial cataracts dashing down
the topmost precipices, which form a magnificent feature in
the landscape on the T'awaran.

The climate in the Tawaran valley is superb. At 5 a.m

266 THE TAWARAN AND PUTATAN RIVERS.

the thermometer will often stand as low as 68°, while the keen,
cold air blowing down from the black towering summits that
cut the eastern sky-line, invigorates the frame and braces the
muscles for the coming labours of the.day. It would require
a poet’s pen to do anything like justice to the gorgeous scenic
effects and grand transformation scenes, as the orb of day
rises behind the jagged mountain barrier. The whole country
is so well opened up, that the monsoons have free play, and
fever should be comparatively — unknown. The soil may be
described as sandy near the sea, but of every quality as one
proceeds inland. Kina Balu bears about E.S.H. from the plain
near the river mouth. :

An. hour’s walk brought us back to Brungis, where we had
left our pakerangan, or native boat, and some’ five hours
more brought us to Gaya island, whence a start was effected
early on the ensuing morning for the mouth of the Putatan
river.

The Putatan river has two mouths—the Patigas mouth, |
which lies a little to the H. of S. of the most southerly point
of Gaya island at a distance, in a direct line, of about five
miles, roughly estimated, and about half that distance south
of Tanjong Aru; and its main mouth, Telipuk, which hes a
short distance to the southward of Tanjong Togorongon. The
former is the most accessible entrance, the main kuala having
a very gradually shoaling foreshore, and but little depth of
water on it at high water. ‘The Patigas mouth opens to thé
westward and has a depth of about one iathom at low water,
A short distance from it, to the northward, off Tanjong Aru,
there is good anchorage close inshore for prahus and small
boats, completely sheltered from both monsoons by an out-
lying sand-bank. The Putatan river is an appanave of the
Sultan of Brunei, and of Pangéran Muda Bingar’s family.

A paddle of little over a mile and a half, passing en route,
on the true right bank, the confluence cf the little river
Munglab, brings one to a smail Bajau village, the head of
whichis Datu Kiran. From this point the Patagas flows
more from the S.K., and becomes very narrow and. tortuous
up to its divergence from the main Putatan, rather more than
a mile further on, where (and situate therefore at the apex of

THE TAWARAN AND PUTATAN RIVERS. 267

the delta of the “Putatan) is a large Bajau kampong contain-
ing some hundreds of inhabitants. Directly above this the
Dusun country begins. The head of this village is Datu
Sitra. On landing some two miles further up, I found Gaya
island bearing about due North. A cursory survey shewed a
fine open cultivated country, bounded some two miles off to
the eastward by the foot-hills of the coast range, and dotted
here and there with wooded knolls. The river maintains
am average width of some seventy or eighty yards, with a
winding course, whose main axis lies about Hast and West. It
carries a good volume of water with a considerable amount
of matter held in solution. From native report, it is not sub-
ject to severe fioods, which may perhaps be attributed to its
having two mouths to discharge by. Passing at 2 P.M. a con-
siderable Dusun village, in which the very large house of
Datu Baruxis, the headman, is conspicuous, we fixed our
head -quarters half an hour later, at the house of one Kawan,
a Dusun, at a small hamlet named Kandayan. From this
point “ Castle Peak’? (of the Admiralty Chart) boreS by W.,
while the right hand flank of Kina Balu bore 80° E. of N.
After a pleasant walk across a fine open country to the house
of a Chinaman named Anu Kone, whose occupation is that
of distilling arrack from rice, we were glad on our return to
settle down for the night. A daughter of our host being ill
with fever, I administered some medicine to her, and a regu-
lar smoking divan was then formed, all the men, and the
ladies also, joining the circle. ‘The Dusun in this respect
presents a favourable contrast to the sedate, if not “dour”
Malay. He and all his belongings, male and female, after
doing the honours, will freely sit down with you and join
in the conversation. ‘These Putatan Dusuns are by far the
best type of their race that I have met. ‘They are tall, well-
developed, clean-skinned, bright and intelligent looking peo-
ple, who look what they are—well-fed and _ well-to-do.
Among the bevy of damsels that sat around, were some by no
means wunprepossessing in appearance, with bright dark
eyes, open laughing countenances, clean limbs and well-
turned figures. A chorus of laughter was evoked by my
desperate endeavours to explain to an intelligent young Du-

268 THE TAWARAN AND PUTATAN RIVERS.

sun that the earth is round like an orange, and not only
revolves on its own axis, but round the sun also. Our mer-
riment was, however, interrupted by the ravings of the fever-
stricken patient, who had become delirious. Thereupon the
entire company rose and adjourned to the long and broad
verandah, when a most curious “ function ’”’ was performed.
Damar torches were lighted, and all the men squatted
down in acircle outside the door of the patient’s room. In
the centre sat her brother, back to back with another relation.
A tremendous din was then struck up by the beating of
numerous gongs, hanging along the walls, in a kind of mea-
sured cadence, varied at intervals by a loud shout raised by
all the men present. A youngish woman then commenced
to dance with a slow measured step and swaying to and fro
of her body, round the inside of the circle. In her left hand
she held a stick, furnished at one extremity with a curious
arrangement of black feathers. In her right she held a
naked sword. With this latter she continually made passes,
bringing the blade down edgeways between the heads of the
two sitting men, and then striking the feathered stick with it.
This continued for some time. She then touched the heads
of all present with her “ fetish’? rod, which was then dis-
carded and a sereng taken up in its place. With this she
danced slowly round and round, holding it cut extended in
front of her. All this time the shouts were being vigorously
given forth at intervals, while the clanging of gongs was
deafening. The woman then made up the sarong into a tur-
ban which she slowly brought down over the head of the sick
woman’s brother, letting it rest there for a few seconds. She
then removed it and laid it gently down behind her, and the
ceremony was over. A torch-light procession of travelling
natives, passing the verandah just at this juncture, lent an
additionally weird cffect to the conclusion of this curious
ceremony, whose strange rites and obscure origin may per-
haps be admitted to warrant my description of it. Doubt-
less the idea is the casting of the evil spirit out of the sick
person, and the gocd effects of the pills edministered to the
patient were probably set down to the credit ofthe ceremony.

A remarkable thing in this district is the neatness and

THE TAWARAN AND PUTATAN RIVERS. 269

comparative cleanliness of the bulk of the houses. Instead
of the objectionable split nibong, the floors are made of
beaten out bamboo, the walls, of the same material, neatly
plaited, chess-board pattern. There are regular sleeping
compartments, and a fine broad verandah runs from end to
end of the house along the front of it. Our beds were
arranged in the main body of the house, a fine lofty, airy
apartment where dirt and mosquitoes were equally conspicu-
ous by their absence. We noticed as a curious fact in these
Dusuns, that they made use, in talking, of the letter Z, which
would seem to point to their affinity to the Mildnaus of
Sarawak.

An early start on the ensuing morning brought us, after a
seven-mile tramp, among the foot-hills of the coast range.
We were here some twelve miles, or more, inland. On our
way we passed the debouchure of the river Sugut, which
joins the Putatan on its proper left bank, and further up, on
the opposite side, the confluence of the Pagunan river, which
is the true Putatan, the river bearing that name from this
point, which we followed up, being in reality only a small
tributary stream flowing from 8.E. Pursuing our way up
the valley of the latter, we reached our destination, a house
at the foot of the hills, tenanted by an old Chinaman and his
_ Dusun wife and daughter. We were here beyond the limits
‘of the highly cultivated Putatan valley, and in a lovely coun-
try, at the point where the district of the Dusuns of the
plain, marches with that of the Orang Tagds, or Hill
Dusuns. The Putatan valley is, without exception, the finest
and most highly cultivated district in North Borneo. With-
out visiting it, it would be difficult for any one, accustomed
only to such cultivation, or the lack of it, as is met with in
other parts of North Borneo, to realize that, side by side
with such districts, there exists one in which rice cultivation
has been carried to the highest pitch of perfection, where every
foot of soil is tilled, where substantial, andin many cases orna-
mental, land-marks of wood and stone have been erected all over
the face of the country, and where the price of land ranges from
$40 an acre or thereabouts. This country must be the gra-
nary of Brunei. The acreage of paddy is immense. One

270 THE TAWARAN AND PUTATAN RIVERS.

field, or rather plain, must, at arough estimate, have been
some 600 acres in extent, the whole being marked off by the
land-marks of the different proprietors. It was intersected
by the Longhap, a small, canal-like stream. The water sup-
ply for purposes of irrigation is unlimited, the levels are well
laid out and the banks neatly kept up, a path running along
the ridge of each. It would, however, be of great benefit to
the district were a fresh stock of paddy introduced, larger in
the ear, the present stock bemg small in the grain and
shewing signs of deterioration. There are some 80 to 100
Chinese settled on the Putatan, the bulk of them being the
descendants of former Chinese settlers, who have intermar-
ried with the Dusuns and shew evidence of mixed blood.
These Chinese are not agriculturists, nor, as far as I could
learn, landed proprietors, but are principally distillers,
manufacturing arrack, which they barter with the Du-
suns. The soil is decidedly superior to that of the valleys
of the Papar and Kimanis rivers to the South, and there is
an almost total absence of swamp, owing, no doubt, to the
country being all cleared, and the complete system of drain-
age. The surface configuration is that of a practically level
plain studded with numerous small hills, on which the timber
has wisely been left standing. The paddy fields extend up
to the very bases of these. In moist tracts and along the
lines of water-courses, some sago is grown, but the quantity
of this is inconsiderable. Some five piculs of gutta come
down from the interior monthly, and tobacco, camphor, bees-
wax and armadillo skins form the staple exports. The Bru-
nei Government imposes a tax of from $6 to $9 per head per
annum, or about $200 for each pangkalan, or village land-
ing-place. The number of the villages is remarkable, and in
some. parts of the upper portion of the river, they he in sight
of, and sometimes quite contiguous to, one another. The
general aspect of the whole country is that of an orderly,
industrious and civilized community, and a very fair prospect
unfolds itself to the eye of one looking forth from the sum-
mit of one of the picturesque little hills above referred to,
over the far stretching expanse of green paddy plains, clus-
tering villages and detached homesteads nestling amid their

THE TAWARAN AND PUTATAN RIVERS. a7 1

surroundings of tall cocoa-nut and spreading sago palms,
while dotted over the plain, the numerous wooded knolls rise
like islands amid a seaof green. Itis a smiling landscape
abounding in soft beauty, and backed by a range of noble
mountains, with the father of them all—the towering Kina
Balu—rearing his lofty mass on the northern horizon. Indeed,
‘for general evidences of prosperity, plenty and industry, and
of well applied principles of cultivation carried out on a
most exhaustive and extensive scale, the Putatan district
may be fairly said to be unequalled inthe whole of North
Borneo. The formation of the lowlands and foot-hills is
sandstone of recent formation.

The Putatan does not apparently drain any of the Kina
Balu water-shed, although the river, which, as before stated,
goes by the name of the Pagunan above the confluence of the
Putatan river so called, can, I was informed, be ascended for
‘fifteen days. The Orang Tagds, a hill Dusun people, who
wear the chawdt, or bark loin-cloth, and who are found
-at the head-waters of all the rivers in N.W. Borneo, from
the Tawdran to the Kiménis, inhabit the upper portion of
the river down to its debouchure from the main coast range.

I noticed a curious musical instrument, a species of guitar,
called by the Dusuns tonkoonong. This is made of a piece
of large bamboo about 24 feet long and has 6 strings which
are formed by the detaching and raising thin strips of the
bamboo sheath. These are tightened at will by pushing a
piece of wood along underneath each towards its point of junc-
tion with the bamboo.

Their customs are much the same as those of the bulk of
the Dusun race. An intending bridegroom has to pay a
marriage portion for his bride. ‘When a father dies, his lands
and property goto his sons, the eldest getting the largest
share. The widow has no share, but has a right to the usufruct
of the estate during her life, and the daughters have a claim
for support upon the estate until marriage. At his death, a
Dusun, if a poor man, is buried in the ground, a small house
being erected over his grave, from and above which various
coloured calico streamers are dependent. If a rich man, his
body is buried in a valuable old jar. The value of some of

212 THE TAWARAN AND PUTATAN RIVERS.

these old jars is very great, amounting in some instances to
hundreds of dollars, and the expenses of the funeral obsequies
of an opulent Dusun chief often amount to over $600, buffaloes
being killed and eaten, tuak consumed in large quantities,
obat (fetish ceremonies) performed, ete. .

Although the Putatan cannot properly be described as a
sago river, its delta wouid afford a large area of land suitable
for planting the sago palm, the land being low-lying and
swampy, and abutting on a good water-way on either side.
The highlands of the interior are easily accessible up its
valley, the climate is salubrious and pleasant, the population
large and well-disposed, but the lands along its banks are
firmly held and highly valued, and it is doubtful whether any
area of such land could ever be brought into the market.

The course of the main Putatan, or Telipuk, to the sea,
from the point at which the Patagas branch diverges from it,
is somewhat tortuous but has a good depth of water. Its
mouth, however, as already stated, is shoal and difficult of
entry. An examination of an outcrop of the strata on its
right bank, on the way down, shewed the strike to be S.E.
with a dip of about 80°. A mangrove growth extends up both
banks for a short distance from the kuala, and also along
the coast on either side, and there is no beach available for
landing on. This is not the case with the Patagas mouth
which has a sandy beach and true jungle close to the sea
with however mangroves inside.

As regards the state of cultivation of the tract watered by
it, the Putatan may be fairly classed as the show river of North
Borneo.

S. ELPHINSTONE DALRYMPLE.

[Erratum :—Page 270, line 2, for €00 read 6,000. }

MISCELLANEOUS NOTES.

PROPOSED ENGLISH-MALAY DICTIONARY.

StupEnts of Malay, among whom many members of this
Society may be included, will learn with interest that Mr. H. C.
KLINKERT, one of the best Malay scholars in Holland, has it
in contemplation to publish an ‘English-Malay Dictionary,
adapted from his new Dutch-Malay Dictionary now passing
through the press.

Whether the English edition will, or will not, be produced,
will depend upon the measure of support which may be de-
pended on. A certain number of subscribers should be forth-
coming, in the first imstance, to ensure that a work involving
so much labour will not result in pecuniary loss. The publi-
cation of the work, if subscribers are found in sufficient
number (and among these, the Government of the Straits
Settlements, the Raja of Sarawak and the Directors of the
British North Borneo Company may perhaps be counted
upon for substantial support? ), will be undertaken by Mr. H.
J. Britt of Leyden, whose recently issued prospectus is sub-
jolted.

“Mr. H. C. Krinxert whose scientific and practical publica-
“tions on the Malay Language and Literature have already con-
“ tributed so largely to the knowledge of that language, has, as
“the result of several years’ study, undertaken the compilation
“of an English-Malay Dictionary, which is to be published next
“year. When, during the Oriental Congress at Leyden, Mr.
“ KLINKERT, speaking with some competent men on this publica-
“tion, was ‘yequested to make it accessible to those also, who do
“not understand the Dutch Language. Though a very tedious

‘work, he would not directly decline the request, if by a sufficient
‘ nce it should appear that the work would meet the

“ wishes of those who are to use it.

“ With regard to the manner in which he intends to compile
“this dictionary, he believes it to be in consonance with the spir-

274 MISCELLANEOUS NOTES,

“it of the language simple and natural, and--what his long ex-
“ perience coufirms—thoroughly practical.

“The transcription of the Malay words will be given in the
“ dialect of the Straits-Settlements, after the manner adopted by
‘“ Messrs. Maxwetn and KeasBERrry.

“The English part will be revised by a native Englishman. As
“soon as we have a sufficient number of subscribers—we shall
“ begin printing. ‘The subscription price for one copy is twenty-
“ five shillings, bound—

‘* Po show the manner in which the author has formed his plan,
“and to give an idea of its completeness and extent, we give a
“ specimen, annexed to this prospectus.

“The whole will be about one thousand—or one thousand two
‘hundred pages.

“To lay claim to compieteness the Dictionary of the English
“and Malay languages now projected ought to be followed by a
“ Dictionary of the Malay and English languages, the materials
‘for which are in preparation. It will be published as a second
‘volume, if the support accorded to the present volume gives
“ sufficient encouragement.”

”~

“ Leypen, October, 1884.
“E. J. BR,

A subscription list has been opened by the Honorary Secre-
tary of the Straits Branch, Royal Asiatic Society, Singapore ;
and members of the Society and the public who may wish to
enter their names as subscribers can do so at the Raffles
Library, Singapore, where the specimen sheet of the proposed
Dictionary can be seen. As stated in the prospectus, the
subscription price for one copy will be £1 5s. Od. bound.

————— 0
Errata.
In the paper headed “ Malacca in the Highteenth Century ”

printed in Journal No. XII, p. 261, for dentang (wherever that
word occurs ), real benteng.

[N14 :
JOURNAL.

© STRAITS BRANCH
ROYAL ASIATIC SOCIETY.

DECEMBER, 1884.

PUBLISHED HALE-YEARLY.

SINGAPORE:
PRINTED AT THE GOVERNMENT: PRINTING OFFICE.
T885.

AGENTS OF THE SOCIETY :

London and America, ... Tripner & Co.

Paris, ... Ernest Leroux & Cin.
Ae es Sasa
Germany, ... K. F. Koesuer’s AnriquaRriem, Leipzig.

ee a
JOURNAL

STRAITS BRANCH

OR iE:

ROYAL ASIATIC SOCIETY.

DECEMBER, 1884.

PUBLISHED HALF-YEARLY.

SINGAPORE:
PRINTED AT THE GOVERNMENT PRINTING OFFICE.
1885.
AGENTS OF THE SOCIETY :

London and America, ... Tripner & Co.
Paris, ... Ernest Leroux & Crz.
Germany, ... K. F, Korniur’s Antiquarrum, Leipzig.

TABLE, OF sCONTEN TS:

Council for 1885,

List of Members for 1885,
Proceedings of the General Meeting,
Council’s Annual Report for 1884,
Treasurer’s Accounts for 1884,

Journey to the Summit of Gunong Bubu, ly the ferd.
J. HL. Tenison-Woods, ¥.G.8., F.L.8., &C.,

Sea Dyak Religion, by the Revd. J. Perham,

The History of Perak from Native Sources, by the
Hon’ble W. EH. Maxwell,

British North Borneo, by £. P. Gueriéz, Ree,

Jelebu, by H. 4. O’ Brien, Esquire,

Occasional Notes,

LHe
SDRATTES BRANCH

OF THE

ROYAL ASIATIC SOCIETY.

PATRON:
His Excellency Sir FREDERICK ALOYSIUS WELD, K.C. 4.6.

COUNCIL FOR 1885.

The Hon'ble A. M. Skrxvur, President,

W. A. Prexerine, Hsquire, c.u.a., Vice-President, Singapore.
ID). Logan, Hsquire, Vice-President, Penang.

The Hon’ble W. EH. Maxwext, o.m.c., Honorary Secretary.
Epwin Korx, Esquire, Honorery Treasurer. —

R. W. Hourerr, Esquire, \

A. Kyiautr, Esquire,

H. L, Noronna, Esquire, Councillors.

BE. C. Hix, Esquire,

J. Mrtier, Esquire, /

Vi

Nos.

OW re

CO C1 Oo Oe

LS Om Nie
FOR
1 828.5 «

Names.

es ee

ApDAmMson, W.
Armstrona, A.
ABRAHAMSON, H. E.

BaMPFryLpE, C. A.
BaumMGarten, C.
BeRnarp, F. G.
BicKNELL, W. A.
Brezser, Dr. HE.
Brags, Rev. L. C.
Binew, J. Kk.
Brann, R. N.
Branpt, D.
Brown, L. C.

| BURKINSHAW, J.

Buckiry, C. B:

Canvey, N.

Cavenacu, General OrFEtr
Creacu, C. V.

Crorx, J. E. Du La

CopLey, GEORGE

Crerrvrt, G. B.

2| DALRYMPLE, STAIR ELPHINSTONE

Datmany, C. B.
DAnYssD =D:
Dennison, N.

MB ERS

| Addresses.

oo SN oe a
|

' London.

Malacca.

North Borneo.

North Borneo.
ee

Singapore.
Singapore.
Singapore.
Europe.

| Penang.

' Province Wellesley.
| Penang.

| Singapore.
Penang.
Singapore.
Singapore.

Singapore.
London.
Pérak.
Paris.
Sinvapore.
Singapore.

North Borneo.
Singapore. |
North Borneo.

Pérak.,

vil

MEMBERS FoR 1885,—Continued.

Names. Addresses.
Dent ALFRED London.
Dennis, Dr. N. B. Singapore.
Dizrueiy, W. H. Singapore.
Dowy, St.V. B. Singapore.
Durr, ALEXANDER Singapore.
Dunnop, Colonel, 8., c.M.c. Penang.
Duntop, C. | Singapore.
DEtLonctLe, Francois | Paris.
Dew, A. T. | Pérak.
Everett, A. H. North Borneo.
EGrerton, WALTER Penang.
Favre, The Revd. L’Abbé J.
(Honorary Member) | Paris.
Frrevuson, A. M., Jr. ' Colombo.
Frank, H. Singapore.
FRaseR, JOHN _ Singapore.
Fraser, Dr. D. Manson _Kudat, North Borneo.
2} GILFILLAN, 9. London.
Granam, The Hon’ble James Singapore.
Gray, A. | Sydney, N.S. W.
GueEnritrz, E. P. North Borneo.
GULLAND, W. G. _ London.
| Gorriies, F. H. | Penang.
GorrLies, G. 8. H. | Singapore.
Haveuton, H. T. Malacca.
Hervey, The Hon’ble D. F. A. | Malacca.
Hewett, R. D. Pérak.
Hit, EH. C. Singapore.
93! Hons, W. | Johor.

Hoss, The Right Revd. Bishop
G. I’. (Honorary Member) | Singapore.
Hu iett, R. W. | Singapore.

Vill ‘

MEMBERS For 1885,—Continued.

Addresses.

| Bangkok.

: Johor.

Johor.
7 Penang.

Singapore.

Labuan, Deli.
Penang.
Johor.
Singapore.
Singapore.
Penang.

Singapore.
Singapore.

Nos Names.

See ST UE pe ea
56, H. R. H. Prince Krum Muy
| Dewawonese VAROPRAKAR

o7| H. H. Maharaja of Johor,
(Honorary Member)

58] Inche Iprauim Brn ABDULLA

59| Irvine, The Hon’ble C. J., c.m.e.

60) Joaquim, J. Po. -

61) Keapine, F.

62) KerimMann, E.

63) Ker, T. Rawson

64, Kraut, ARTHUR

G5) Korx, Epwin

66) Kyynersieéy, C. W.S.

67| Lampert, G. R.

68! Lavino, G.

69) Lawes, The Revd. K. G. (ELonorary

Member)
70; Lenen, H. R. C.
71) Lewprti ERB, HE. T.
72| Logan, D.
73 Low, Sir HvuGH, K.c.M.G.
74; Long, H. Brooxs
75| LANGEN VAN

76) Mixtvuno-Mackt3ay, Baron.
(Honorary Member)

Maxwetu, The Hon’ble W. E.,
C.M.G.

Maxwe tt, R.,W.

79, Mruuer, James

MoHAMED Sarp

Muury, O. |
hah .
82’ Noronia, H. L.

New Guinea.
Pérak.
Labuan.
Penang.
Pérak.
Sarawak.

Kota Radja, Atjeh.

Singapore.

Singapore.
Singapore.
_ Singapore.
_ Singapore.
| Singapore.

Singapore.

1x
MEMBERS FoR 1885,—Continued.

Nos Names Addresses.
83) Nuy, PETER Singapore.
8&4 O’Surrivan, A. W. | Penang.
95 Orv, Sir Harry St. Grores, |

| K.C.M.G. _ London.
a Paterave, #. Girrorp, (Hono- |
rary Member) | Europe.
87| Paut, W. F. B. Sungei Ujong.
S8} Parsons, J. R.
§9| PELL, BENNETT | London.
90' Peruam, Revd. J. (Honorary
| Member) | Sarawak.
91) Pickrrine, W. A., C.M.c. Singapore.
92; Pocizs, Prep. Singapore.
93| Ropagr, J. P. Sélangor.
94) Reap, The Hon'ble W. H. Singapore.
95| Rioxers, C. B. Penang.
96) Rirrer, 4. Singapore.
97| Roweut, Dr. T. I. Singapore.
9&| Satow, E. M. Bangkok.
$9| Sarawan, H. H. The Raja of,
(Honorary Member) | Sarawak.
100) Scuaatse, M. | Rhio.
101) Serge, V. Singapore.
102) Suetrorp, The Hon'ble T. Singapore.
103) Sxinner, ‘The Hon’ble A. M. Singapore. —
104; Suirn, His Excellency C. C.,

Bea CMG, Singapore.
105) Sonsr, T. Singapore,
106) Sourtnpro Monun Tagore, Mus.

D., Raja | Caleutta.
107| Stivens, BR. G. | Singapore.
108' Stringer, C. | Singapore.

MEMBERS For 1 885,—Continued.

111

112)

1138
fae
115
116
117
118
119
120
121
422

123
124
125
126
12%,
128

Names.

| SwEerrennam, F. A.

Syep ABOOBAKAR BIN OMAR
AL JUNIED
SyeD MumMamMep BIN AHMED
AL SAGOFF
Syers, H. C.

Tan Kim Cuine

Trntson-Woops, Revd. J. E,,
(Honorary Member)

THomepson, A. B.

Toxtson, G. P.

TRACHSLER. H.

TREACHER, The Hon’ble W. H.

Trebing, Dr. C.

TauBot, A. P.

TRUBNER & Co.

Vermont, The Hon'ble J. M.

Water, Major R. S. F. ,
Watson, EF. A. |
Wuampoa, H. A. Yir
WHEATLEY, J. J. L. x
Waray, L., Jr. |

Wray, I. A &

Addresses.
oe
Pérak.
Singapore.

Singapore.
Selangor.

Singapore.

x1

PROCEEDINGS
| OF THE
ANNUAL GENERAL MEETING
OF THE
STRAITS BRANCH

OF THE

ROYAL ASIATIC SOCIETY,

HELD AT THE

BCC EAN G EF sR O OMS
ON

FRIDAY, 27trH MARCH, 1885.

The Hon'ble A. M. Sxtnner, Vice-President, in the Chair.

The minutes of the last eeneral meeting were read and
confirmed.

The Honorary Secretary read the Annual Beport of the Com-
mittee for the year 1884. (See p. xiii.)

The Wonorary Treasurer’s Accounts for the year 1884 were
laid before the meeting. (See p. xvii.)

The Report and Accounts were unanimously adopted without
discussion.

The election of Officers for the year 1885 were then proceeded

xi PROCEEDINGS.

with, and the following gentlemen were declared duly elected —

President, ... vas ... The Hon’ble A. M. Skinner.
Vice-President, Singapore, ... W. A. Pickmrtine, Esquire, c.M.4.
Vice-President, Penang, ... D. Logan. |
Honorary Secretary, ... The Hon’ble W. EH. Maxwett,c.m.e.
Honorary Treasurer, ... H. Kozx, Esquire.

( BR. W. Hoprerr, Esquire.
| | A. Kwrenr, Esquire. 3
Councillors, ... .. H. L. Noronaa, Esquire.
| | E. OC. Hriz, Esquire.
J. Mitrur, Esquire.

The new members elected provisionally by the Council since

the last general meeting were then formally elected by an unani-
mous vote; and the meeting also elected the following gentlemen

who were duly proposed and seconded :—Messrs. C. B. Cerrutr,

F. H. Gorriies, G. 8. H. Gorrrres.

Mr. Kyieur then proposed that the Officers of the Society be
added to by the creation of a Vice-President for Malacca, and that
the Howble D. F’. A. Hervey be elected to that office.

The Honorary Secretary explained that the constitution of
the Society is fixed’ by the Rules, and that before altering them,
it would be desirable that notice should be given, and the nature
of the proposed alteration made known to the members of the
Society. This view was generally concurred in by those present.
It was suggested in conversation that a sixth Councillor might be
appointed, who should be resident in Malacca, but to this course
the same objection applied. The Honorary Secretary said that he
would be glad to see the meetings of the Society held under a
Vice-President in Malacca, for that Settlement had a historical
claim, having been the scene of a meeting of the Asiatic Soviety of
Bengal in 1811, when Rarrizs and Luypew were there on their
way to Java.

My. Kwieut said that he would, if necessary, give notice of
his proposal at some future date.

The proceedings then terminated.

ANNUAL REPORT

OF THE

COUNCIL

OF THE

SoA ty Si aR AGN CoFi

OF THE

ROYAL ASIATIC SOCIETY,

FOR THH YEAR 1884.

The Report which the Council for 1884 have to lay before the
Annual General Meeting will, they believe, shew that the interest
evinced in the objects for which the Society was established in
1878 continues unabated, and that those objects are being steadily _
kept in view by those to whom the management of the affairs of
the Society is entrusted.

The new members elected provisionally by the Council since the
last General Meeting are :—

Walter Egerton. A. W. O'Sullivan.
i. KE. Abrahamson. Dr. D. Manson Fraser, North
Hrangois Deloncle. Borneo.

Stair Elphinstone Dalrymple. | St.V. B. Down.
Van Langen. H.-P. Gueritz, North Borneo.
L. Wray, Jr. W. G. Gulland.

W. HI. Diethelm. ‘J. P. Rodger, Selangor.

D. Brandt. | George Copley.
A. 'T. Dew, Pérak. |

These elections have now to be confirmed by the members pre- .

sent at the General Meeting.

The following members have retired :—
Revd. J. Aberigh Mackay. |! General H. Man.

The death of the following members has been announced :—

H. Herwig. | J. T. Thomson, New Zealand.

XiV ANNUAL REPORT.

The following gentlemen have ceased to be members in accord-

ance with Rule G: —

A. Anson. i. | Mohamed bin Mahboot.
R. Bruce. W. Krohn.
B. Douglas. | George Mansfield.

In the Report for 1883, mention is made of a text book of
Eastern Geography which the Society had undertaken, at the
request of the Government, to es The first part of this
work (the Malay Peninsula and Bor neo) has now been published,
and the following letter regarding it ns been received from the
Government of the Colon i

“ COLONIAL SECBETARY’S OFFICE,
Singapore, 12th Hebruary, 1885.
The Honorary Secretary,
Srrarrs Asratic Society, SINGAPORE.
?

_ Srr,—I am directed by. the Acting Governor to acknowledge
the receipt of your letter of the 29th ultimo with regard to the
publication of the work entitled the ‘‘ Hastern Geography,” and to
state that His Excellency fully recognises the valuable assistance
which the Society has afforded to the Government in acceding to the
request that it should undertake this work, and desires es pecially
to tender the cordial thanks of the Government to the Vice-Presi-
dent (Mr. A. M. Sxinner) for the valuable results of the action of
the Society.

2. he work which he has edited—the first of its kind as re-
gards this part of the world—will, in His Excellency’s opinion,
prove of very great usefulness both inside the Schools of this
Colony, and outside the Colony itself, where so much ignorance
prevails regarding the Malay Peninsula and its neighbourhood.

3. Iam to add that His Eixcellency concurs in the recom- .

mendation of the Council of the Society, and will invite the Legis-
lative Council to vote the necessary sum to enable Mr. Stanrorn’s
offer to be accepted. It appears to His Excellency that if the part
regarding Australia is to be omitted, as His Excellency considers:
it should be, it may not even be necessary to pay so much as £100.

I have, &e.,

APTA BOs,
Sor Acting Colonial Scerctary, S. 8S.”

ANNUAL REPORT. Sa Wr

The scheme for republishing a selection of papers which have
appeared from time to time in the Journals or Proceedings of
learned Societies bearing upon matters of scientific interest in the
EKastern Archipelago, has taken definite shape.

The consent of the Asiatic Society of Bengal having been
received to the republication of papers relating to Inilo-China
which have appeared in their Journals, the first series of selections
will consist of papers extracted from “ Asiatic Researches” and the
Journal of the Asiatic Society of Bengal. These will probably be
preceded by a few papers originally published in DatryMePLe’s

‘ Oriental Repertory. ” The Council have been. fortunate enough
to secure the co-operation of Dr. Rernuoip Rost, Librarian of the
India Office, who has consented to edit the re- printed paper Ps 1
London. It is hoped that two volumes will be brought out during
1885, and it will then rest with the Society whether or not to ex-
tend the scheme and continue to issne, from time to time, as funds
may allow, further volumes of selected papers relating to the Far
Kast.

The previous ventures of the Society in the direction of
publishing, have not caused, in the aggregate, any peeuniat vy ‘loss.
‘The large Map of the Peninsula (15 79). has, up to date, lefta
margin of profit of $33.63, with 8 copies still in hand. :

The ve-publication of the ‘‘Hikayat Abdullah” cost $400, of
which $368 has been recovered, and 2 copies remain.

~

In the Department of aes the Council have noted with
satisfaction the publication during the year 1884, by the Govern-
ment of the Native State of Sclangor, of a map of the State (pub-
lished by Mr. E. Stanford, Charing Cross) on the scale of 2 miles
to the inch.

The Skeleton Map of the Peninsula, upon which all new infor-
mation is to be entered as exploration advances, mentioned in last
year’s Report, has been completed, and several maps and sketches
embodying fresh geog graphical knowledge have been received from
the Native States.

The most important of. these is the Map of Ulu Pahang by
Mr. W. Cameron, a most indefatigable de plor er as well as a
skilful surveyor and geologist.

Four of the papers published in the Society’s Journal since
the last General Meeting are by Members who had not previously
contributed, and the Council | hope that they may inter from this
that the number of active Members is increasing. They desire
however, to renew the appeal made in last year’s Report, for

Xvi ANNUAL REPORT.

literary contributions on scientific subjects from those willing to co-
operate in the objects of the Society.

It is believed that some will perhaps contribute notes, who
have not leisure to write papers, and, in order to encourage this, it
is proposed to develop the idea with which a few pages have usual-
ly been set apart in each number of the Journal for “ Miscellaneous
Notes,” and to publish in each future number a paper devoted to
““ Notes and Queries,” which will be edited by the Honorary Secre-
tary.

No. 12 of the Journal of this Society (for the half-year ending
December, 1883) did not appear until May, 1884, and No. 18 (for
the half-year ending June, 1884) was only published in December
last.

The absence of the Honorary Secretary from the Colony in
the spring and autumn of the year partly accounts for this. No. 14
(for the last half-year of -- is now in the press.

The following papers have been published in the Journal of
the Society since the last General M eeting :—

“Malayan Ornithology” (Part IIL), by Capt. Kelham, High-.

land Light Infantry.

“ Gutta-producing Trees,” by L. Wray, Jr.

“Shamanism in Pérak,” by W. EH. Maxwell.

“ Changes in Malayan Dialects,” by A. M. Ferguson, Jr.

“Straits Meteorology,” by A. Jf. Skinner.

“The Pigmies,” translated by J. Errington de la Crozx.

“ Valentyn’s Description of Malacca,’ translated by J. Miller,

edited by D. F. A. Hervey.

“The Law and Customs of the Malays with reference to the

Tenure of Land,” by W. £. Maxwell.
“The Stream Tin Deposits of Pérak,” by Revd. J. EL. Tenison-
Woods. an
“Rémbau,” by D. F. A. Her vey.
“'The Tawaran and Putatan River s,” by S. £. Dalrymple.

The Honorary Treasurer’s Accounts, which are annexed, shew
a credit balance of $1,021.34.
W. E. MAXWELL,

Honorary Secretary.

te

XVI

G6 &69

00 &

00 ST

6b

00 V

CO COP

Se

DARNLOL Parttng

.6% eh Gee

OULJOO TAT

[e1ous py SUISIOApe aoz peg
oc “39 ‘ALOILIIOT, VOOBTRIAL
jo dvyy yowoyg Jo sourowry,

@ 10 pdlOTPoo AA H “7 pieg
ao ‘ZL OND [eudnor
Ssupulq pur eT otiad JOF pied
‘topuory ‘saoujorg aeoidg
woiy aodvd yo 4soo I0F preg
‘reded o1ydeisoyyt] uo

pursy Nejeyery Jo urd & SUI
~aedoad 105: OStIpOy ITC pied
‘ : ‘8.199407
puy s)diooa yy sutyuiad OF pled
‘BjnsuL

-uog Avjeyy eug jo Aydvas
-O8F) SY} JO QUNODOV 03 UN
eS IN Ve Por ete pred

Psst

6L TI9‘1
CJ CTT
Lz 169
1G 0Z
ee 6G
00 SSP
00 &Z
00 9
98 1¢T
79) g

“UD NAOf PaIwlvy

“quad dod ¢ 4v “FQR8T
‘oun pr UIT 0} 4801010]
eS O11$ “eulyg
pue viypvasny tipuyt jo
yuvg podoyVyy oy} WoT

‘amea aad ¢
qe step 91@ 10x 4sa40}UT
00'689$ “BULYQ puy wopuorT
wipuy Jo yueg op4ueo
“IO Pouoqawyy, ouy Wong
‘sduq, JO Oleg
me “‘STBUINOL? JO B]BE
3 "PSST IOF suOTydaosqne
‘eQs] 107 suoldisosqng
we ‘ZEST tox UoTydisosqne
"E881 “Loquieceg 1g UO eouRleg | “FEST

‘PSST deed of AO, WNOOV YSvD SRCRUCLCAN
‘ALAIOOS OILVISV TVACH SZHL JO HONVAE SLIVEIS ,

@eoe

XV Ti

eve el Le

“ | oye. : |
DAVNLOf PIrddDA Le ae
|

96a

ee

‘sostiodx gy SHOOURTPOOSITY Pred
G ‘s]ooLR id uo ears peg
0 boil ALIVYO pPlved
9 ‘OdlY-OfOO) PIR
fa QGRISOT 107 pre
0

SEL NTE PODS) SNE EY TS CSL IED | EEA

ai SE OOT [ “oquenag 01 SEQQ]
ad uEOR OG. YloTD FO Areyyg pug
Cy “ “goovpeyA, Fo Adoqtato7 Fo Ca-TeC
dvyy yqowoyg pue neqyvasy |
a puelaT 0 suvpd surye
“VAISOYH] AOJ OOO oujuLg
SHRNG pus o1odvsuig piv
HH) aires Rta ‘GT ‘ON [euunor |
“om ouIpttq ‘Surjmaid OF pivg
5 arya Gy Z t
G69 pinmvof bnosg esl Sel 119'T
i
$ |?
: |

wr

or Te) 10f parleyvg

GG 9G". “SSST
‘YOUVTY IST SG 0F Jwouopuy

00 6zg$" "PRB L WOdepy 981g
uo pajisodep ‘vuty9s
pue BiTVASH PY & vIpuy LO
YUE Polo tery oy4 CULO if

pLpnso f PY DROLET

"199° 44 is 65 5 ape
PIN JUOQ—"FRQE WO

£ OY} 407 QUNODDY YS S.roUNseony,

pa a

“FSET

‘LItNSVatT, hAvtouo;zt

‘CORT ‘huvnune y)G

“MAOW NIMH Eons
—_—-- | = Or oe _——
LE COTS lee COL'S | .
POEVGE.—| = ‘eUIyO PUB
UGpuO'T]T VIpUT FO yuvg o[UVd
IO], OUZ Ul O4VpP sIyy eoURlYEg
eg 19g |" = ‘Psst | ae
‘TWOAvTY ITZ wo vury,)
| pur vypeagsny eipuy
| jo Yurgq perpirnyy
ou} UiM peqysodadq
8h IGGL | Spunnwof gybnowgy ‘EO LE ZOLS| oO Spavmsof pybnowg ‘POST
7
0 $3 9 «
|

panurjwoj—*FEgy ABI OEP OJ FUNOMY YSeH S.cMsvany,

‘

D.©.¢

“LIANS DAL T, ha DLOUO TT

“AGO NIMS -

“S887. ‘hiIDRUY PE 1/7G
: ‘AMLOTV NTS

98 GOI‘T oe

(

Poucoue ‘OOULTL
jy (ETA TS/6 XO “G/L oF |

‘BUIYO-Opuy 0} SUIpL{OU SASS

JO svmMNjOA Z JO uorqeotqnd

7O jyunodor uo guemded jsut
88 ST “op ‘sosuodxg snooury][eosiqy

00 OL | ‘Feet “Seq sof Arejeg sy401p
‘2 g

FS88i

98 69L'T

FO Foe

GG [Es

yy poytsodep yanom ¥ |
‘avyjop aod

‘eulgg pue uop

“UO'TT . VIPUy JO UL ajLUVvo
“TOTAL pote, IVy ou} UL OOTY] CET

“PSST “YOLvyL F813
VULTS D vipVaysn y VIPUy
jo YUvg podoyVgy oy

IOUVY IX ‘GIL GGe

plvad por
me}0)
“op

Aq oup
"PSSL
‘E881

aS)

4

/ §

PIOJUBIG
SOUL] V
Ge
ce
“od
“0 SULIPULISINO “GSS ‘oid rsosqug

pom dl bay 1 ONY Ss Lass ¥

:

“St

JOURNEY TO THE SUMMIT OF GUNONG BUBU.

Gunong Bubu is the most elevated mountain of the coast
range of the State of Pérak. Its highest summit lies about
S. 17° E. of Thaipeng, distant, say, twenty miles as the crow
flies. It is one of the series of nearly detached groups of
mountains which form the coast-range, having their spurs
and longest axes generally ina N.N.H. and 8.S.W. direction.
There is no record of any exploration of Gunong Bubu. It
is said that some Europeans have ascended it and made a col-
lection of plants, but what the Reverend Mr. Scorrecuint
and I saw of the flora, inclines us to think that some of
the adjacent and lower summits could only have been reached.
The mountain is not quite 5,600 feet high, but rendered very
inaccessible by precipices of gramite 1,000 feet high, which
bar most of the spurs. At the request of Sir Huen Low, [
undertook its exploration, accompanied by the Revd. B. Scor-
TECHINI as botanist, and Mr. C. F. Bozzouo, who had charge of
the Malays carrying our baggage. We started from the
mountain garden at Arang Para, which is about 3,000 fee
above sea level—not a good point of departure, as we had to
descend and then climb up again over several very steep
spurs before we could reach even the foot of the range. The
following is the journal.

May 20, 1884.—Started from the mountain garden at 9
A.M. on a course due south, descending avery stcep slope along
a mountain track used by Chinese sawyers. It soon began
to rain heavily, which made the steep path so slippery that

276 TOURNEY TO THE SUMMIT OF GUNONG BUBV.

progress was exceedingly slow. We at last reached the bot-
tom of a narrow gorge, through which a mountain torrent
came down with considerable force. From this poiat to the
summit of Ganong Bubu, our road had to be cut through the
jungle. After wading along the stream to find a convenient
point for climbing the next spur or ridge, we crossed it, having
difficult and slow climbing both in ascending and descending.

The forest was a close jungle of rattaas Se aplings, with
an undergroth of ferns which completely closed us in above
and around. A second spur, still higher tuan the first, was
ascended, but on its ridge we found the jungle in a slight
‘degree more open, so we continued along it. It ascended
slowly. Ia about two miles, finding that it was taking us too
much ont of our course, we left the ridge and crossed another
spur which was very steep, rendering it necessary to proceed by
a series of long zigzags. Rested in the furthest valley, and
then mounted another ridge higher and steeper than any we
had previously climbed. On the edge, we found an old rhino-
eeros beat, which we followed, ascending for about a mule,
where it terminated on the summit of an almost precipitous
bluff The rain was so heavy at this point, that we had te
wait till it ceased before we could descend. ‘This was no easy
matter, and occupicd until nearly sunset in bringing down our
baggage. In the valley, we found a branch of the Kenas

fiver making a oe sascade over large granite boulders.
Here we built nice little sheds which the large-leaved Pinanga
palm enabled us to thatch comfortably.

May 31.—We left ovr encampment about 7.30, following
the strezm until it joined the Kenas River. Near this we
found a species ef felicia, which is the secend proteaceous
plant we have noticed in Pérak. We also found a splendid

¥

species ef Fagrea, probably ?*. evriculata, with large fragrant

/

JOURNEY TO THE SUMMIT OF GUNONG BURU. O77

eream-coloured flowers nearly a foot across the rotate corolla,
the tube of which is eight inches long.

The Kenas River is about one hundred feet wide, descending
in rapids amid large granite boulders. It contains many deep
water-holes with fishes, different somewhat from those on the
Pérak. They are under examination, with a view to specific
deseription. There are also land crabs about the stream anda
peculiar species of prawn ( Palemou?).

From the Kenas, we struck to the west of south crossing two
small, steep, densely-wooded spurs. This brought us to the
base of a steep slope, which was at the foot of Gunong Bubu.
Here the jungle became more open, being mostly cumposed of
forest trees and Bertam palm ( Eingeissonia tristis). We soon
lost sight of the Pinanga which we had found on the Kenas.
-There was a distinct rhinoceros beat on the crest, covered:
with foot-prints, which had been made only a few hours
_ before. The logs which lay in the way were smocthed by the
constant passing and repassing of these animals. There were
also many of these water-holes and it was difficult to imagine
that they had not been cut artificially on one side. The
jungle wag easily cut, but the track was so steep as scarecly
to afford a footing in places. It took us nearly the whole day
to climb a distance of 5,000 yards, and then we camped on a
narrow terrace near a small trickling supply of water. Near
this camp, we could hear the roaring of a large cascade, pro-
bably not far off, but the descent to it was too steep for us
to attempt to reach it then. Our huts were built of attap and ~
were large and comfortable. We had descended so much from
our starting point that we were still below the level of the
Hermitage garden of Arang Para.

May 22.—Before starting this morning we sent back a party
of Malays to bring up fresh supplies to this camp for our

4

278 JOURNEY TO THE SUMMIT OF GUNONG BUBU.

return journey. We got away about 8a.m. It is very diffi-

cult to make an early move from these camps. What with

cooking rice for the day and packing up the baggage, a good
part of the morning runs away. Our journey was just like
that of yesterday, only a little more steep in places. About
1,000 feet above camp we left the region of Bertam, or attap
palms, and came into that of Licuala, growing amid high

forest trees. Up to this time, we could not get a single view ©

of.the country around us. When we had ascended to the level
of Arang Para we felled a number of trees in the hope of
extending the prospect, but were unsuccessful. The ascent
was now only very steep in places, and the spur curved
much more to the north. When we reached the height of
nearly 4,090 feet above the sea, we camped and built our
houses. When this was done, we felled a good deal of timber
on the northern slope of the spur and soon opened up an ex-
tensive view. Arang Para bungalow bore about H.N.E., but
none of the Larut side of the range was visible, owing to the
spurs of Mount Bubu. We had an abundance of water close
to our camp. A small stream feil over about one hundred
feet of rocks at a short distance below the terrace we were
upon.

Next day, the 23rd, we left all the baggage at our resting
place, and preceeded to make a trial trip to reach the summit.

We could get no reliable information from the Malays. Some

said it was only two hours’ journey, while others insisted that
it would take the whole day. Our intention was to climb
for half a day, and, if the dificulties were great, to move our
camp on another stage. Our great delay, of course, was in
cutting down the jungle and not being able to see more than
a few yards around us. However, we were agreeably sur-
prised to find a comparatively easy, though steep, ascent for

JOURNEY TO THE SUMMIT OF GUNONG BUBU. 279

about a mile. After this, we had to climb by roots of trees,
stumps and branches, and made but slow progress. I cannot
say now whether this portion of our journey was on the face of
a cliff or not. We could see absolutely nothing around us
but trees and roots, and these overhung with such a thick
coating of brown moss, ferns and orchids, that above and
below were equally hidden. Sometimes we crept in and out
under these roots and over them, or climbed a tree to get to
some ledge near its upper branches, but where we were going,
or how far we were, could only be guessed from the barometer.
I do not suppose, however, that any one could climb so steep
an ascent with less danger. One could not fall. It would
puzzle any person to throw a stone more than a few yards
amid such a thicket.

At five thousand feet by the aneroid, we began to see the
first specimens of that graceful fern Matonia pectinata. This
has never been previously recorded from Pérak, and the only
habitats are Java and Mount Ophir near Malacca, where it is
associated with Dipteris Horsfeldii. Vhe latter fern we had |
seen 1,000 feet below, and it occurs on all the mountains of
Perak at heights a little over 3,560 feet but at Singapore
it is found at the sea level. Besides this, there was plen-
ty to see and admire in the way of ferns, orchids and
mosses, with many curious fungi and lichens, for the mois-
ture and deep shade made the place the very home of the cryp-
togamia. But the climbing was such very hard work, that
attention to anything else was almost impossible. At about
5,400 feet, the entire vegetation changed. It was still a thick-
et, but more or less stunted and twiggy, very distressing to
climb, I cannot say how long it continued, but long before
I expected it, we suddenly found ourselves on an open level
space, on the summit of Mount Bubu.

280 JOURNEY TO THE SUMMIT OF GUNONG BUBU.

This, however, is not the highest point. The crest of the
mountain is a narrow ridge about half a mile long, gradually
sloping up to the northward until it is about 100 feet above
where we then were. This might be called the lower shoulder
of the ridge or crest. A splendid view was obtainable three-
quarters round the compass, but the north was hidden by the
higher summit. ibe

The first thing that attracted our attention was the vegeta-
tion. The trees were all low and small, stunted and gnarled
by the weather. Beneath there was a thick carpet of moss,
into which the foot sunk some inches and when withdrawn
left a pool of water on the foot-print. Above this was a most
luxuriant growth of heather ( Lycopodium nutans ), while
Matonia pectimata spread out its fan-like fronds on every side.
The sides of the trees were hoary with long-bearded lichens
( Usnea burbata ) and mosses. There were only a few species
of trees. One very common one was a conifer, but in the
absence of any cones we were left in doubt whether it was
Dacrydium elatum or ‘some other species. Abundance of
young plants of this pine covered the ground. There were
also thickets of Leptospermum flavescens, which grew as high
as the pine, anda shrub of the genus Lewcopogon. The two
latter are entirely Australian on their affinities, and both
species are found on that continent. Besides these, there
were abundance of Nepenthes or pitcher-plants with bushes
of Rhododendrons ( 2. verticillatum ?), witha Gahnia and some
few other flowering plants and ferns.

From this point, a hasty exploration was made to the high-
est point or northern summit of the mountain. Though
scarcely half a mile in direct distance, it required considera-
bly over a mile of hard climbing to reach it. The roots of the
bushes have proved a kind of upper platform on the crest and

JOURNEY TO THE SUMMIT OF GUNONG BUBU. 281

thus one has to climb over and under in a most disgraceful
manner, as the whole was an entangled mass of twigs which
stopped and caught one at every side, besides being dripping
with water. By the time the highest crest was reached, the
clouds had gathered, and no view could be obtained. Having
satisfied ourselves about the road, and cleared the most of it,
we turned back. Though the descent was slower and more
troublesome than going up, yet we reached our camp easily
an hour before sunset. Our supplies had not arrived, and our
chances of making a second asceat seemed rather uncertain.
Our Jast rations of rice were served out that evening. On the
next day ( Queen’s birthday, hence the camp was called
Queen’s Camp) we cleared away much more of the forest, but
as the party were without food, and there were no sigas of our
messengers, we prepared, with much chagrin, to return to our
lower camp.’ We hal just packed everything when the sup-
plies arrived. Our messengers had lost themselves in the jun-
gle and this was the cause of the delay.
Qn the 27th, taking with us a light equipment for
camping, we again ascended the summit of the mountain.
After erecting our tents, or rather our waterproof sheets which
served as a substitute, we went on to the summit and built an
mmmense heap of wood and. dammar resin to serve as a signal
fire at night. Beyond the summit there is a steep valley and
at the other side are isolated aa of granite nearly as
jugh as the mountain and perfectly precipitous except on the
side of the valley. Messrs. Scorrecuini and BozzoLo ascend-
ed this with much hard climbing and found on the summit a
smail pile of stones and a Hag-staff, while the remains of a flag
were strewn on the ground. It is supposed that this flag was
placed there at tne instance of Captain Sprepy, who paid the
Malays a considerable sum to plant a flag there for surveying.

282. JOURNEY TO THE SUMMIT OF GUNONG BUBU.

purposes. We found no other signs that any person had
visited the locality before.

A perfect deluge of rain with thunder and lightning-obliged
Messrs. Bozzoto and Scortecnint to remain on the granite
pinnacle for some time, for the cloud and mist obscured every-
thing and rendered it impossible to descend. [ remained on
the opposite summit superintending the erection of the bonfire.
It was miserably cold, and we were all very glad when we
could make our way back to our tents. This we did not do
until the clouds cleared, when a magnificent view was unveil-
ed. Both sides of the coast range were visible and the plains
from the Dinding River to the town of Thaipeng were laid out
like a panorama. The Matang opening with the village
seemed just beneath us. The whole valley of the Pérak with
all the windings of the river were clear and distinct for a dis-
tance of fifty or sixty miles. The main range was also very
clear and some of the highest peak bore a different aspect from
anything I had seen before. An island between Pérak and Suma-
tra, which i3 rarely seen from Mount Ijau, was now plainly
visible, as also several summits of mountains to the south-east.
Nothing could be seen of the mountain observed by Mr.
SWETTENHAM from Arang Para. The highest summit visible
to us was, in my opinion, the sugar-loaf hill to the north and —
east of Gunong Robinson. I should think the mountain I
refer to is between eight thousand and nine thousand feet high.

Altogether, the view from the summit of Gunong Bubu is
one of the finest imaginable. Rivers and mountains, dense
forests and open plains, the distant sea and the unexplored
forests to the eastward all combine to form a scene of wonder-
fully varied beauty. Unfortunately, however, the clouds and
mists almost continually obscure this prospect. At early morn-
ing and after a heavy thunderstorm, the whole atmosphere is

JOURNEY TO THE SUMMIT OF GUNONG BUBU. 283

comparatively clear. At other times, there is generally either ©
a cap of cloud on the summit of the mountain itself or the
whole valleys are shrouded with dazzling masses of steam-like
white vapour in which the mountain tops peep out like islands.

We returned to our camp about sunset, and then proceeded
to light our signal fires. We had one on each end of the crest
so as to be well seen from the valley of the Pérak on one side
and Thaipeng on the other. Owing to the good supply of
dammar we had obtained, we were able to kindle a very bright
and conspicuous flame at each station and we were answered
by fires from Sengang, Kwala Kangsa, and other places on
the Pérak river as well as from Kota and Matang on the Larut
side. We also fired rockets, but these were not seen except in
places very close to the mountain.

Our tents were completely open on one side, but the cold
was not great until nearly dawn. The temperature then went
down to 58° Fahrenheit, which was the lowest reached on this
journey. At 4 a.m. we were visited by heavy rain and a strong
wind from the east. Our shelter did not protect us from
either, so that we passed the time rather uncomfortably until
sunrise, when the rain ceased. Everything was then so wet
that we could not attempt to dry our clothes, we therefore re-
turned to Queen’s Camp as speedily as we could. Having
taken a hasty and scanty meal there, we made our way to our
second day’s camp reaching it easily at sunset. We expected
to meet supplies at this camp, but they had not arrived. We
had nothing but cocoa to serve out to our weary and hungry
Malays after their long journey, but with this they were satis-
fied and went to rest quite cheerfully. An early start on the fol-
lowing morning enabled us to reach the Kenas River at an
appointed depét, and here we found the much-needed supplies
at about noon.

284 JOURNEY TO THE SUMMIT OF GUNONG BUBU.

I have already mentioned that, at the camp of the preceding
evening, we could again distinctly hear the roar of some large
cascade at about half a mile from where we were. We tried
to search it, but the jungle was too thick and the descent too
steep todo so that night, our want of provisions obliged us.
to push on without further delay in the evening. From the
noise we heard, there must be a fine body of water, falling
from. a considerable height.

The camp we were now upon was not one we had occupied
on our outward journey. It wason the River Kenas. The
stream was here about eighty yards wide and descending in
rapids amid large rocks. There were many deep pools of
beautifully clear water. We spent afew days fishing on
these pools, and caught a good many rock-fish and mullet about
one pound in weight. Three species of fish were seen and a
peculiar prawn. I believe the fish were species of Barbus
therapon, and what I thought was Polyacanthus cuponus. ‘The
latter is the scaly fish (without barbels) which is found in
the ditches and paddy fields.

In returning from the camp, we crossed the watershed be-
tween the Kenas and Kangsa, in order to explore the course of
that river, which was not previously known. The watershed
was somewhat difficult of access, and took us to a height of
about three thousand feet above the sea-level. We had the
misfortune to meet with bad weather and incessant rain during
this part of the journey. The river Kangsa, even in its
upper portions, was swollen into a fierce muddy stream, quite
impassable, except on fallen trees. Of these there were many
lying from bank to bank on the rocky sides of the torrent.
We soon found that the water descended ia a series of cascades
for a depth of about 1,100 feet. J can give no idea of the
grand magnificence of the scenery at this part of our jour- —

JOURNEY TO THE SUMMIT OF GUNONG BUBU. 285

ney. Whether there was a flood in the river or not, the beauty
of the rocks and precipices in the wild forest could not be
surpassed. We had to descend by a series of zigzags crossing
the successive cascades on logs sometimes at a considerable
height above the water. If ever the romance of a lovely view
was destroyed by the perils of a journey, it was here. We
had to cross fifteen of these aerial bridges. Some were nar-
row and some were half rotten, and all were over cascades
_ where the slightest slip was certain destruction. In the lower
part of the stream we had to ford the water, which was just
fordable and no more. I consider that it was quite wonderful
that this part of our Journey was accomplished without accident,
which, however, was only effected by constant care and much
delay. We arrived at Lady Wetp’s rest-house on the Kuala
Kangsa Road on the evening of the last day of the month
the most of which had been spent in the jungle, and none the
worse for our sojourn away from civilization, except in the
innumerable leech-bites from which we all suffered. «

J. KE. TENISON-WOODS.

wn et re ae rs

Nofe.—Amonegst the fishes of the Kenas there was a small
specimen of what I took to be Ophiocephalus micropeltes, but
the species is doubtful. The barbel may have been B. kolus.

Since our journey, the mountain has been again ascended by
Mr. Cantiry, the Government Botanist, who obtained a good
collection of plants.

SEA DYAK RELIGION,
I.
( Continued from Journal No. 10 p. 243. )
oe.

In a former number of the Straits Asiatic Journal (No.
10), some account was given of the religious ideas and customs
of the Sea Dyaks of Sarawak ; of their belief in gods and evil
spirits; of their sacrificesand auguries. ‘The subject is incom-
plete without a consideration of their burial rites, and their
ideas of eschatology. ‘These I now endeavour to supply.

But first a word about marriage. Birth is not celebrated
with any religious ceremony, and marriage is a comparatively
simple matter. The marriage ceremony consists principally
in publicly fetching the bride from her father’s to the bride-
groom’s house, but the Dyak, with his love of divination, could
not allow such an occasion to pass without some attempt, or
pretence, to penetrate the secrets of the future. When the bridal
party are assembled in the bride’s house, and the arrangements
for the yourg couple’ talked over, a pinang (betel-nut) is
split into seven pieces by some one supposed to be lucky in
matrimonial affairs; and these pieces, together with the other
ingredients of the betel-nut mixture, are put in a little basket,
which is bound round with red cloth and laid for a short time
upon the open platform outside the verandah of the house:
should the pieces of pinang by some mystic power increase in
number, the marriage will be an unusually lucky one; but
should they decrease, it is a bad omen, and the marriage must
be postponed, or relinquished altogether; but, as matter of
experience, they neither increase nor decrease ; and this is
interpreted in the obvious sense of an ordinary marriage upon
which the spirits have pronounced neither good nor bad. This
action gives the name to the whole ceremony, which is called
Miah* pinang—splitting the betel-nut. When the bride has

* Bélah, Malay.—ED.

288 SEA DYAK RELIGION.

been brought to her future husband’s house, a fowl is waved*
over them, with a hastily muttered invocation for health and
prosperity ; and with this semi-sacrificial action the marriage
is complete.

Death is much more involved with sacred observances.
Although the Dyaks have something of the Moslem sentiment
of fate, and commonly speak of the measure of a man’s life,
which once reached nothing car prolong, vet this does not
seem to help them to a quiet submission to the inevitable ;
for, even when death is unmistakeably drawing near, they are
eager in fruitless efforts of resistance, and the scene is general-
ly one of tumultuous wailing. They will shout wildly to the
medicine-man to recover the wandering spirit, and they will
eall out to the dying —“ Come back; do not go with the spirits
‘““ who are leading you astray to Hades. This is your country,
“ and we are your friends.”’? The word pulai, pulai, “ return,
return,’ is reiterated in piercing, piteous tones. Silence and
reverent awe in the presence of death would be regarded as cul-
pable callousness to the interests of a life trembling im the
balance. And when actual dissolution is plainiy imminent, —
they dress the person in the garments usually worn, and some
few ornaments in addition, that the man may be fully equipped
for the untried journey; and in violent demonstrations of
grief, the women and younger people wait the end, or perhaps
rush distractedly about in hopes of doing something to delay
it. As soon as respiration has ceased, a wild outburst of
wailing is heard from the women, which proclaims to all the
village that life is extinct. The cessation of visible breathing
is with the Dyak the cessation of life; he knows of no other
way to distinguish a prolonged state of coma from death, and
I have good reason to believe that sometimes bodies have been
buried before they were corpses.

After death the body is lifted from the room to the ruat,
or verandah, of the village-house; some rice is sprinkled
upon the breast, and it is watched until burial by numerous
relatives and friends who come to show their sympathy.
The nearer connections of the deceased will probably be heard

* This waving of a sacrifice or offering is a noticeable feature in the
practice of Hindu exorcists in India.—Ep.

SEA DYAK RELIGION. 289

shouting out to some departed relative to come trom Hades
and take them away also, feeling at the moment that life is
unbearable. At a burial once I saw a woman jump down into
the grave, and stretch herself at full length upon the coffin
loudly begging to be buried with her husband.

Among some tribes, there are professional wailers, nearly
always women, who are hired to wail for the dead. One of
these is now fetched, not only to lament the lost, but by her
presence and incantation to assist the soul in its passage to
Hades. Her song takes about twelve hours to sing, and the
sum of it is this. She calls with tedious prolixity upon bird,
beast and fish to go to Hades with a message, but in vain,
for they cannot pass the boundary. She then summons the
spirit of the winds to go, and—

“ Call the dead of ancient times,
“To fetch the laid out corpse under the crescent moon,
“ Already arranged like the galaxy of the milky way.

“ To call those along ago bent double,
‘To fetch the shroud of our friend below the moon,
“ Already a heap like the hummock of the rengguang. (*)

“To call the far away departed,
“ To fetch the nailed coffin under the dawn of the rising sun,
‘* Already like the form of a skilled artisan’s chest.

“ To call the long departed ones,
“ To fetch the resak-wood coffin below the brilliant moon,
“ Already bound with golden bands.”

The Spirit of the Winds is reluctant at first; but, at the
solicitation of his wife, at length consents to do the wailer’s
bidding. He speeds on his way through forests and plains, hills
and valleys, rivers and ravines, until night comes on and he is
tired and hungry, and stops to make a temporary resting place.
After refreshing himself, he goes up a high tree to make sure
of the proper road. ‘ He looks round, and all is dark and dim
“in the distance : he looks behind, and all is obscure and con-

(1) <A crustacean which burrows in the earth,

290 SEA DYAK RELIGION.

“fused : he looks before him, and all is gloomy as night.” On
all sides are roads, for the ways of the dead are seventy times
seven. In his perplexity, he drops his human spirit form, and
by a stroke of ghostly energy metamorphoses himself into
rushing wind; and soon makes known his presence in Hades
by a furious tempest which sweeps everything before it, and
rouses the inhabitants to enquire the cause of the unwonted
commotion. They are told. They must go to the land of the
living and fetch so and so and all his belongings. The dead
rejoice at the summons, and without delay collect their friends,
get into a boat and pull through the stygian waters ; and with
such force does the boat plough the lake, that all the neigh-
bouring fish die. Arrived at the landing place, they all make
an eager rush into the house, “ bke soldiers who fly upon the
“ spoil; and mad like wild pigs they seize the dead one.” The
departed soul cries out in anguish at being thus violently
carried off; but long before the ghostly party has reached
their abode, it becomes reconciled to its fate.

Thus sings the wailer, who has now done her work. She
has conveyed the soul to its new home, which it would never
reach, it is said, without her intervention ; but remain sus-
pended somewhere, and find rest nowhere.

The climate necessitates a speedy interment; but there is
another reason for putting their dead quickly out of sight.
After life is extinct, the body is no longer spoken of as a body
or corpse; itis an anfu,a spirit; and to have it long with
them would, apart from sanitary considerations, expose them
to sinister ghostly influences. Some time before daylight, a
sufficient number of men take away the corpse wrapped in
mats and secured with a light framework of wood; and as it
is being borne from the house, ashes are thrown afier it, and a
water-gourd is flung and breken on the floor. The graveyard
is generally a small hill, or rising ground in the neighbourhood,
as unkempt as the surrounding forest, overshadowed by
towering trees, and full of an entangled undergrowth of grass,
climbers and thorny rofan. On coming to the cemetery, the
first thing done is to kill a fowl to propitiate the dread powers
of Hades, to whom the ground is supposed to be devoted:
and so strong is the need of this sacrifice felt, that no Dyak,

SEA DYAK RELIGION, 291
unenlightened by other principles, will dare touch the ground
until it is made. Some now dig the grave ; some cook a meal,
which is afterwards eaten on the spot; whilst others get a
large log of wood of the required length, split it into two, scoop
out the inside sufficiently to admit the corpse, and thus make
a rude coffin, the two parts of which, after receiving the body,
are firmly lashed together with rotan. Sometimes, however,
the coffin is made of planks before proceeding to the erave-
yard.

With the burial of the body is deposited Jaiya, that is,
things given to the dead. Personal necessaries, like rice, plates,
the betel-nut mixture, money and a few other articles are laid
with the body in the ground; whilst spears, baskets, swords,
weaving materials, pots, jars, gongs, etc., are put on the sur-
face, the jars and gongs being broken to render them useless
to any alien who may be inclined to sacrilegious depredations.*
This baiya, little or much according to the wealth of the
deceased, is regarded as a mark of affection, and to omit it is
to fail in a natural duty. But the custom is really founded
upon the belief that the things so bestowed are in some
mystic way carried into the other world, and useful to the
dead—their capital, m fact, to begin life with in the new stage
of existence. And in cases where Dyaks are killed, or die by
sickness, far away from home, the baiya is still deposited i in
the family burying-place. A. burial without bai ya. 18, im
their phrase, the burial of a dog. A fence round the grave
as a protection from ravages by wild pigs completes the
interment.

There is a deeply-seated fear amongst Dyaks touching
everything connected with death and burial rites. They have
for instance, a lurking suspicion that the dead, having become
the victims of the most terrible of all powers, may harbour
envious feelings, and possibly follow the burying-party back to
their homes with some evil intent. To prevent such mischief,
some of them will make a notched stick-ladder,} and fix it upside

* Compare the observances of the Johor Jakuns, No. 7 of this Journal
p- 97.—Ep. bere

+ The tangga samangat of the Jchor Jakuns is said ‘to enable the
spirit to leave the grave when required.’ Id.—Enp.

292 SEA DYAK RELIGION.

down in the path near the cemetery to stop any departed spirit
who may be starting on questionable wanderings ; others plant
bits of stick to imitate bamboo caltrops to lame their feet should
they venture in pursuit, aud so obstruct their advance.
Interment is the usual, but not universal, mode of disposing
of the dead. Manangs, or medicine men, are suspended in
trees in the cemetery ;* and amongst the Balau tribe, children
dying before dentition has developed enjoy the same distinction,
having a jar for their coffin. Some eccentric individuals have a
dislike to be put underground, and request that after death
they may be laid upon an open platform in the cemetery ; the
result of which is that a most offensive exudation soon oozes
from the badly made coffin ; and after a year or two the posts
become rotten, and the whole structure tumbles down, the
cottin bursting in pieces, adding to the already large stock of
exposed bones, which, with broken pots, jars, baskets, and
other miscellaneous articles, sweil the property of grim death,
and make the place a vast charnel awesome and gloomy, well
calculated to frighten the superstitious Dyak. Occasionally,
aman has a fancy to have his body put on the top of a moun-
tain, and the relatives probably dare not refuse to carry out
the wish through fear of imaginary evil consequences. Among
the Kayans, this burial above ground is the general practice,
but they carry it out in amore substantial manner. The
baiya is put in the coffin, but heads of slain enemies are hung »

* Even among the Malays of the Peninsula, this practice of keeping the
the body of a pawang, or medicine-man, above ground is not unknown. It
exists also probably among the Sakai tribes. Blan taun is the Sakai name
for the original tiger-spirit or man-tiger. A man who has a tiger-spirit as
his familiar is a pawang blian, and may not be buried in the ordinary Malay
way, but his body must be placed leaning against a prah tree, in order that
the spirit may enter into another man. .

In Perak, it is said that in the time of Sultan J’arar there was a
pawang of the hantu blian, named Alang Dewasa. When he died (at
Buluh Minyak in Ulu Perak) his relations would not permit his body to be
set up against a tree, but buried it. Soon afterwards the ground was found
disturbed, and since then, Alang Dewasa has frequently appeared asa
hantu blian, when invoked by pawangs of that class (See Journal No. 12,
p 224). He comes down in the shape of a tiger, with one eye closed, the
effect of an injury he received when buried, or when leaving the earth to
assume his animal form,—Ep.

SEA DYAK RELIGION. 293

up round the grave. Great warriors have been sometimes
buried for a time and then exhumed, and their relics sacredly
kept by their descendants in or near their houses, or it may be,
on the spur of a neighbouring hill, with the object of securing
the departed ancestor as a tutelary spirit.

Sea Dyaks do not consider burial as the last office which
they can render to the dead, buat follow them up with certain
after-ministries of mixed afiection and superstition. For
three or four evenings after death, they light a fire somewhere
outside the house for the use of the departed; for in Hades,
they say, fire is not to be procured without paying for it.
After burial, the nearest relation lives in strict seclusion and
keeps a comparative fast until the observance called pana
ismade. A plate of rice with other eatables is taken by one
of the neighbours to this chief mourner, and from this time
he or she returns to the usual diet, and occupations of life.
But this neighbourly act to the living is the least part of
pana, amongst those tribes, at least where professional
wailers exist. It is principally concerned with the dead, to
whom by it food is supposed to be sent. Boiled rice and
other things usually eaten with it, together with Dyak delica-
cies, are put together, and thrown through the opening at the
back of the house, and the wailer is fetched to effect their
transmission to Hades. She comes again to the house of
mourning, not to lament over the dead—that is left for the
relatives to do—but to call upon the adjutant bird, “the
royal bird which fishes the waters all alone,’ to do her bid-
ding in conveying the articles of the pana to the other world.
Among these are included with some pathos the sorrows and
sighs of the living.

“To carry the pana of tears to the departed one
‘at the clear mouth of the Potatoe river.

“ To carry deep sighs to those sunk out of view
‘“‘in the land of the red ripe rambutan

“To carry pitying sobs to those who have fallen
“unripe in the land of empty fruiting limes.”

The bird, says the song, speeds on its way, and after

taking a rest on the bacha tree, which bears fur flower one
dark red bead, arrives in the region of the departed. ‘There

294 SEA DYAK RELIGION.

they do not recognize the visitant, and inquire where it comes
from and why: ‘ Do you come to look at the widows? We
“ have thirty and one; but only one is handsome. Do you
“ eome to seck after maidens? We have thirty and three ;
“ But only one is pretty.” “No,” says the bird, “we have
“ widows and-maidens plenty in the land of the living, all
“ beautiful and admired of men.’ ‘ What is that you have
“brought with you so securely covered up?’ ‘‘ Get a basin,
“and I will pour the contents of my burden into it.”” The
basin is brought and receives the pana, and lo! the eatables
and the tears and the sobs of the living mourners have become
gold and silver and precious stones wondrously beautiful.
But neither the men or the women know what they are; and
mutual accusations of ignorance and stupidity are bandied
about, and a noisy quarrel is the result. At this juncture, an
ancient native of Hades appears, one, that is, who never was
an inhabitant of this world ;
Dara Rabai Gruda*
Dayang Sepang Kapaiya.

She chides their unseemly squabbling, and explains to them
that the bird has come from the realms of the living with
presents from their friends ; whereupon they are seized with a
passionate desire to return, but are told that this is impossible.

‘The notched ladder is top downwards.

“ Their eyes see crookedly.

“ Their feet step the wrong way.

“ Their speech is all upside down.”

Their capacities are no jonger adapted to the world they
have left, and their destiny is irreversible ; but still they urge
their request to accompany the bird, and all the ingenuity of
Hades is called in requisition to devise means of amusing the
souls as yet unaccustomed to their new dwelling. Meanwhile,
the bird takes its homeward fleht. ‘hus far the wailer.

Until this pana is made, say the Dyaks who observe it, the
soul is not thoroughly conscious that it has departed from the
world, and Hades will not give it food or water ; but after this,
it is received as a regular denizen of deathland.

* Garuda, the eagle of Vishnu? See No. 7 of this Journal, p. 13.—Ep.

2 SEA DYAK RELIGION. 299

There is a similar observance called swiping, which 1s
carried out at a varying period after death. They take the
symbols and trophies of a head-hunting raid, and the wailer is
supposed to procure the services of the spirit of the winds to
convey them to the dead, whose abode, before full of ee
and discomfort, is now, at sight of the trophies, filled w th
light; for they h have the satisfaction of feeling that their ee
tions have revenged upon others their own death ; so hence-
forth they stand more freely upon their own footing.

This observance, which, according to aucient custom, could
not be performed until the head of an enemy had been obtained,
brings out the darker and fiercer side of the te nature.
They would fight with death if they could; but as tl hey come
they rejoice in taking vengeance upon the living, whenever a
chance of killing the enemies of their tribe offers itse If; so as
to be able to say to themselves: “ My relatives have revenged
“my death. Iam now on equal terms with the evil fate which
“has sent me hither.” But in these times, when they live
under a strong and civilized government, it is very seidom
that this observance can be carried out in its fulness; and
therefore it is either slurred over by some mild substitute, or
omitted altogether.

But the great observance for the dead is the Gawci
antu, Festival of Departed Spirits. No definite period is
fixed for the celebration of it, and the time varies from one
to three or four years. ‘The preparation for it of food and
drink and other things 1s carried on for weeks and even months ;
and sometimes it taxes very severely the resources of the
Dyak. When all is ready, the whole neighbourhood for miles
round is invited to partake of it. It is an opportunity for a
general social gathering ; it is a formal laying aside of mourn-
ing; above all, it is, in their minds, the execution of certain
offices necessary for the final well- being of the dead.

But though it is a feast for the dead to which they are
invoked and invited, yet they pretend to guard against any
unorthodox and premature approach of the departed as full of
uncanny influence. When the tuak, a drink brewed from
rice, has been made, an earthenware potful of it is huvg up
before the door of the one room which each family of the

296. SEA DYAK RELIGION. r
village house occupies, so as to attract the attention of any
casual wanderer from Hades. Such a one is supposed to see
the pot, and to go and regale himself from it, and be satisfied
without going further: and thus his thoughts are pleasantly
diverted from the inner seat of family life; the room—where,
if permitted to enter, he might possibly, in revengeful spite,
carry off some of the ‘living circle.

The presence ot the dead is desired, but only at the pro-
per time and in the proper way. But how are they to come
from Hades in the numbers desired? Nothing easier, thinks ~
the Dyak, send a boat for them: So he despatches what is
called the dumpang. A piece of bamboo in which some
rice has been boiled is made into a tiny boat, which, by the aid
of the wailer, who is again fetched, is sent to Hades. Actual-
ly, itis thrown away behind the house ; spiritually, it is sup-
posed by the incantation of the wailer to be transmitted to the
unseen realm through the instrumentality of the king of all
the fishes, who accomplishes the journey without much trou-
ble. But in Hades he dare not ascend the great river of the
dead beyond the first landing place, where he leaves the mystic
crait together with food and drink. No sooner is this done
than the stream becomes dammed up and overfiows its banks.
The curicus boat is seen floating upon the swollen waters, but
no one knows what itis. At length a water nymph rises out
of tle river, and tells them that the strange craft, which by
this time has grown from the size of a toy to a mighty war-
boat, has been sent by their living friends for their passage
across the styx to partake of a final banquet. Great is the
joy of Hades on discovering this

“ Their shouts reach beyond the clouds.

“They incite each other hike men preparing the drums.
“ With joy they thump their breasts.

“With gladness they slap their thighs.

“We shall soon feast below the star-sprinkled heavens.
“ We shall soon eat where the roaring thunder falls.
“We shall soon feed below the suspended moon.

‘‘ We shall soon be on our way to visit the world, and march
“to the feast.”

With this contrivance, the way is now open for the

SEA DYAK RELIGION. 297

departed to visit their old habitations as soon as the feast shall
be ready and the final summons sent. Meanwhile preparations
for the festival advance. Those tribes who erect ironwood
memorial monuments at the graves get them put together.
On the day of the feast, or may be the day before, the women
weave with finely split bamboo small imitations of various
articles of personal and domestic use, which are afterwards
hung over the grave, that is, given to the dead. Hit be a male
for whom the feast is made, a bamboo gun, a shield, a war cap,
a sirih bag and drinking vessel, etc. are woven: if a female, a
loom, a fish basket, a winnowing fan, sunshade, and other
things: if a child, bamboo toys of various descriptions.

“The guests arrive during the day, and the feasting begins
in the evening, and lasts ali night. An offering of food to the
dead is put outside at the entrance of the house. The wailer
of course is present, and ber office now is to invoke the spirit
of the winds to invite the dead to come, and feast once more
with the living ; and she goes on to describe in song the whole
imaginary circumstances—the coming of the dead from Hades,
the feasting, and the return. She sings how numerous animals,
one after another, and then Salampandai, maker of men, are
called upon to go to Hades, but none have the capacity to under-
take such a journey ; how the spirit of the winds arrives in
Hades, and urges the acceptance of the invitation by expatia-
ting on the abund lance and excellence of the food their rela-
tions have provided for them; how they and a great company
of friends start, and’ make the journey hither in the boat before
sent for them; how glad they are to see our earth and sky
again, and to hear the many voices of the [ue world; how
they ‘eat and drink, dance, and have a cock-fight with their
living friends (for they have brought fighting cocks with
them) ; how Hades is beaten (to m: ake it victorious would be
a bad omen); how they ask for their final share ef the fami-
ly property, and a division is made, but here again the dead
get the worst of it, for in ne the paddy, the living get
the grain, the dead only the chest in which it is kept; so, the
jars remain with the living, the stand only en which they are
set being given tothe dead; the weapons too are retained,
whilst the sheaths go to Hades, etc., etc. In the very act of

298 SEA DYAK RELIGION.

professing to entertain their friends, they must cheat them for
fear of conceding teo much to Hades, and so hasten their own
departure thither. After this pretended division of property,
the children of deathland make their parting salutation with
much affection and regret and vo ee their way. Such is the
esoteric meaning of the festival accor ling to the wailer’s song.

The song makes the dead arrive about early dawn; and
then occurs an action wherein the intercommunion of the dead

and the living is supposed to be brought to a climax. <A
certain quantity ot fvaki has been reserved until now in a
bamboo, as the Cae iar portion of Hades, set apart for
sacred symposium between the dead and the living. It is now
drunk by some old man renowned for bravery or riches, or
cther aged guest who is Believe to possess a nature tough
enough to encounter the risk of so near a contact with the
shades of death. This “drinking the bamboo,” as it is called,
is an important part of the festival.

Earlier in the night comes the ae putting off of
mourning. ‘The nearest male relation is habited in an old
waistcloth, or trousers : these are shit ae ai and taken away,
and the man assumes a better and finer garment; a bit of hair
from each side of the head is cut off and thrown away. In
ease of female relations, some of the rotan rings which they
wear round their waists are cut through and set aside; and
they now resume the use of person: al ornaments. This action
is Prone as a last farewell to the dead.

The mor ning after the feast, ue last duty to the dead is
fulfilled. The monument, if any, the bamboo imitation articles,
the cast off ¢ carments, with food of all kinds are taken and
arranged upon the grave. With this final equipment, the
dead are said to relinquish a'l claims upon the iiving, and to
oo henceforward on their way, and to depend upon their own
resources. But before the Gaiei antu is made they are
thought to carry ona system of secret de preda tions upon th
‘atables and drinkables of the Hi ving, ‘In other words, to come
for their share. When sitting down to his plate of rice, a
Dyak will sometimes be seen to throw a little under the house
as a portion fer a departed one.. And I have been told that in
the morning the footprin ts of the dead are sometimes visible in

SEA DYAK RELIGION. 299

the paddy stores from which they have been supplying them-
selves under cover of darkness. They are driven to such little
foraging expeditions, it is said, by the necessities of their
position ; for the powers of Hades look with contempt upon
any who go thither insufficiently provisioned, and even quarrel
with them. And worse stillis said to happen if this feast be

mitted altogether: the dead lose their personality, and are
dissolved into primitive earth. Hence charity to the dead
and motives of economy urge the Dyak to undertake the
labour and epee of the Gawer antu, the preparation of
which serio: usly hinders the farmwork, and diminishes the
following year’s crop cf paddy.

According ge to uncient custom, this Feast of the Spirits
could not be held until a new human head had been procured,
but this ghastly, yet valued, ornament to the festival has now
to be generally dispensed with.

Thus far I have, in the main, followed Dyak thought
about death and the afterstate as it is embodied in their tribal
ceremonies and songs; but as might be expected popular
thought is not without its ideas and theories; and these sup-
plement what has hitherto been said.

In the borderland, says the Dyak, between this world and
the next, is situated the house of the Bird dudué, a bird here,
aspir:it there, covering his identity in human form. LTvery
human spirit in the extremity of sickness comes to this place :
if it goes up into the house, by the influence of the bird it
returns to the body, which thereup mn recovers; but if it avoids
the house, as is more probable, because it is always in a filthy
state of dirt and stench, then it is weil on its wav to the other
world. There is, however, another chance for it at the “ Bridge
of ear,’ a see-saw bridge stretching across the Styx, and
dificult to pass over: if the soul makes makes the passage
successfully, it is gone past recovery ; if it falls into the water,
the cold bath wakes it up toa sense of its real position, and
determines it to retrace its ste} ps.

Afier this, it seems, fie soul tae to pass the “ Hill of
Hire”? Evil souls are compelled to go straight over the hill
with scorching fire on every side, which nearly consumes them ;
but gocd ones are led by an easy path round the foot, and so

300 SEA DYAK RELIGION.

escape the pain and danger.* This is the only connection in
which I have met with anything which suggests the idea of
future retribution for wrong doing in this life.

Dyaks attribute to the dead a disposition of mixed good
and evil towards the living, and so alternately fear and desire
any imaginary contact with them. As has beea said before,
they do not speak of taking a “ corpse’’ to the grave, but an
antu, a spirit; as though the departed had already ‘become
a member of that class of capricious unseen beings which are
believed to bé inimical to men. They think the dead can
rush from their secret habitations, and seize invisibly upon
any one passing by the cemetery, which is, therefore, regarded
as an awesome, dreaded place. But yet this fear does not
obliterate affectionate “aera and many a grave is kept clean
and tidy by the loving care of the living; the fear being
united with the hope of “good, as they fancy the dead may also
have the will and the power to help them. I was once present
at the death of an old man, when a woman came into the
room, and begged him, insensible though he was, to accept a
brass finger ring, shouting out to him as she offered it:
“Here, grandiather, take this ring, and in Hades remember
“Tam very poor, and send me some paddy medicine that I
“may get better harvests.” Whether the request was granted,
I never heard. Sometimes they seek communion with the dead
by sleeping at their graves in hope of getting some benefit from
them through dreams, or otherwise. A Dyak acquaintance of
mine had made a good memorial covering over the grave of his
mother of an unusual patiern, and soon fell ill, in consequence,
some said, of this ghostly work. So he slept at her grave
feeling sure she would help him in his need, but neither voice
nor vision ner medicine came; and he was thoroughly disap-
pointed. He said to me: “I have made a decent resting
“‘ place for my mother, and now J am ill and ask her assistance,
“she pays no attention. I think she is very ungrateful.”

* “According to the creed of the Badagas in Tamul India, the souls are
obliged to pass by a column of fire which consumes the sinful, and it is only
after perils that they reach the land of the blessed by a bridge of rope.”
Prscuet, Races of Man, p. 234, quoting Barerterx, Nach und aus Indien
Ep.

SEA DYAK RELIGION. 301

This belief in reciprocal good offices between the dead and the
living comes out again in those cases where the remains of the
dead are reverently preserved by the living. On every festival
occasion, they are presented offerings of food, etc., in return for
which these honoured dead are expected to confer substantial
favours upon their living descendants.

Their notions of the relationship of this world to the
next, and of the dead to the living, will be further illustrated -
by the story of HKadawa; which may also be taken as a
specimen of their folklore.

KapawaA was a great cock-fichter, but had suffered suc-
cessive defeats from his fellow Dyaks. Irritated at being
beaten in a sport he so dearly loved, he started off to seek a
cock of a particular white and red plumage, called biring
grunggang, which he believed would bear down all others
before it. But achanticleer of this peculiar plumage was a
“‘yara avis’? among fowls ; and village after village was visited,
and neither for love or money could the coveted bird be got,
for the simple reason that there were none. Nothing daunted,
he started off again to go further afield, and determined not
to return till he had succeeded in his quest. He travelled
hither and thither in the land of the Dyaks until he knew not
where he was, and at length arrived at the land of Mandar
idup, the borderland between Hades and this world, the
inhabitants of which can visit one or the other as they wish.
Here a long village house appeared in sight. He went up the
ladder into it; and to his astonishment it showed all the signs
of being inhabited, even to the fires burning on the hearth
and the sounds of surrounding voices; but not a person could
be seen; so he shouted out: “Ho, where are you all?”
Whereupon an unembodied voice answered: “Is that you,
“ Kapawa? Sit down and eat pinang and sirth. What do you
“ want?’ “I am come to beg cr buy a Jbiring grunggang,
“ fighting cock.” There is not one to be had here; but if you
“ eo on to the next village, you will find one.” So Kapawa
trudged on, greatly wondering at the strangeness of a place
peopled by bodiless beings, talking working phantoms of men
and women. Soon after, he came to a populous place, where
many village-houses were clustered together—Mandai mat,

302 SEA DYAK RELIGION.

the first district of the land of the dead; but Kapawa knew
it not for it had nothing to remind him of death; the people
moved about, spoke and had the same form and feature as his
own neighbours: morecver they recognized and called him by
name. ‘They offered to give him a biring grunggang,
which he gladly accepted. Having now obtained his object,
he was happy, and finding the people sociable and hospitable,
he was in no hurry to return, but remained with his new-
found friends more than a year, oblivious of home and its
duties.

But what of his wife and child whom he had left behind
in his house? She was grieved at his long absence, and at
last resolved that he must be dead and she wept and bewailed
him ; and at length she died of sorrow.

‘The time came when the relations made the Gavei
antu. for her; and the wailer was bringing the company
of guests from Hades to the feast. Just at that time Kapawa
had determined upon returning, and was securing his fighting
cock and buckling on his sword, when some one called to him
to go on the platform in front of the house, and pointed out
to him a procession marching along the hill opposite the house.
Kapawa looked and saw in ‘the middle of the long train his
own wife; and it flashed upon him that his wife was dead and
le himself within the confines of deathland. Without speak-
ing a word he caught up his fighting cock, sword and spear
and rushed to join his wife. She repelled him, but in vain.
At length they came to the stygian lake and found a boat
lying on the shore, into which they all hurried, trying to keep
Kapawa out ; but he vigorously persisted, and was allowed
to embark. After paddling several hours the boat struck up-
on a rock, and would not move: all except Kapawa jumped
out to pull her off, but she would not budge an inch. KAapAwaA
was called upon by his wife to help; but he refused for fear
of being left behind—says his wife: “ Do you not know I am
‘ dead ? What is the use of trying to follow me?” ‘“ Let me
“ die also, I will not leave you.’ “ Very well,” replied his wife,
“‘ since you are resolved to come with me, when we get to the
“ house, you will find some dried sugar cane over the fire
* place: eat that, and you will be able to bear me company.

SEA DYAK RELIGION. 305
“ Now get out, and help to pull the boat off therock.’” He
jumped out, and as soon as his feet touched the rock, boat
people and lake vanished, and he found himself standing at
his own doorstep.

But no pleasure did his return bring him, for he found
his friends making the last farewell feast for his wife. He
neither ate nor drank nor shared in the festivities ; but kept in
his own room till all was over when le thought of the sugar
cane over the fireplace. He searched for it, but found nothing
more than a roil of poisonous ¢uba* root: again and again he
looked but nothing else was there; so he caneluded that this
‘was what his wife meant by the sugar cane. He spoke sor-
rowfully to his neighbours and told them he should not live
long, and begged them to be kind to his orphan boy and give
him his heen nee: then he returned to his room wrapped
a blanket round him and laid himself on the floor chewed the
fatal root and joined his wife in deathland.

I have thus traeed the gencral belief of the Sarawak Sea
Dyak about his future existence. There are however excep-
tions to it. Occasionally the idea of metempsychosis is met
with. At one time the spirit of a man is said to have passed
into an alligator; at another into a snake, etc., the knowledge
of it being always revealed by dreams. Sometimes a Dyak
will deny the possibility of any future existence; but only I
think to serve the purpose of an argument. But these, wher-
ever found, are deviations from the general belief.

But it is no gloomy Tartarus, nor is it any superior happy
Elysium to which the Dyak looks forward ; but a simple pro-
longation of the present state of things in a new sphere. ‘The
dead are believed to build houses, make paddy farms, and go
through all the drudgery of a labouring life, and to be subject
to the same inequalities of condition and of fortune as the
living are here. And as men helped each other in life, so
death, they think, need not cut asunder the bond of mutual
interchanges of kindly service; they can assist the dead with
food and other necessaries: and the dead can be equally gener-
ous in bestowing upon them medicines of magical virtue,

— —— = Se

* Cocculus indicus,—EbD,

304 SEA DYAK RELIGION.

amulets and talismans of all kinds to help them in the work —
of life. This sums up the meaning of their eschatological
observances which perhaps exceed those of most other races of
mankind.

But this future life does not, in their minds, extend to
an immortality. Death is still the inevitable destiny. Some
Dyaks say they have to die three times; others seven times ;
but all agree in the notion, that after having become degener-
ated by these successive dyings, they become practically anni-
hilated by absorption into air and fog, or by a final dissolution
into various jungle plants not recognized by any name. May
‘be, they lack the mental capacity to imagine an endiess state

of liveable life.

J. PERHAM.

THE HISTORY OF PERAK FROM NATIVE SOQURGES.

PAPER under the above title, which was published
in No. 9 of this Journal (June, 1882), contains a
translation of the later portion of the Perak ‘ Salsila,’’
(cham, genealogy) of the royal family. This
ends abruptly with the death of dMarhum Muda,
which took place about the year 1777. It has been
carried on and brought down to 1882 by Rasa Hasr
Yauya, of Bélanja, in Perak, whose manuscript I have.
translated. Unexku Hasrswork does not profess to be more
than a genealogical record, and is not, like the older book,
a historical narrative of events. It has not, therefore, the
interest of the latter. It is useful, however, as exhibiting
the mode of succession which was customary among the Perak
Rajas in former times, and as an authentic source from which
to ascertain the relative purity of the descent of the survyi-
ving members of the royal line in that State.

For convenience of reference, the names dnd titles, wherever
they occur, of the Rajas who at any time succeeded to the
throne of Perak are printed in small capitals.

W. HE, MAXWELL.

This is the genealogy of the Rajas who are in the kingdom
of Perak, at present.

Maruum Jatin-uLLAH* was the grandson of Marhum
Kasab of Siak, who was descended from Sang Sapurba of
Pagar-ruyong. Maruum JALiL-ULLAH married a daughter of
Marhum Muda Pahang (by the grand-daughter of Marnum
Kora Lama, Sultan of Perak) and had six children—four
sons and two daughters. The sons were :—

* For an explanation of the term Marhum and the Malay practice of re--
naming their kings after their decease, see No. 9 of this Journal. (Zhe /Zis-
tory of Perak from Native Sources, p. 98 n.)

The name of MARHUM JALIL-ULLAH in his lifetime was Moparar SHAH,
(Za., p. 102.) :

306 THE HISTORY OF PERAK FROM NATIVE SOURCES.

1.—Svrran Maumup Isxanpar Suan, better known:
as Maruum Besar OvLta-uLLAn, whose
reign lasted for one hundred and twenty
- years. He had no children.
2.—Yang di-per-tuan Muda Suttan Mansur Suan,
called after his death Marnum Punau Trea.
3.—Marhum Bidara.
4.—Raja Modafar.
The names of the daughters were :—
).—Sha‘alam Besar.
6.—Sha‘alam Mangkat di Sayong.
Numbers 1, 2 and 5 were the children of Marnum Jauit-
ULLAH by the daughter of Marhum Muda Pahang; and num-
bers 3, 4 and 6 were his children by another mother.

Raja ‘Mo Jafar begot one daughter, and Marhum Bidara
(otherwise called Raja Kanayan) was the founder of the family
of Rajas who are at ‘Selat Pulauand Kampar up to the pre-
sent day.

Maruum Puravu Tie had ten children—seven sons and three
daughters—whose names were as follows :-—

].—Rasa Rapin (Maruum SuLonG Garoxacona)
who was afterwards Sunt AN Ana-Eppin.
2.—Rasa Inv.
3.—Rasa Bisnv.
4,—Raja Galuh.
5.— Raja Daha. ,
6.—Raja Puteh, mother cf Raja Khalim.
7.—Raja Abdul Jah.
8.—Raja Hamad.
9.—Raja Su.
10.—-Raja Séai.

Raza Rapin had two children—one son and one daughter.
The son received the title of Raja Keelik Bongsu, and the
daughter was entitled Raja Kechik Ampuan.

Raza Inv married the daughter of Raja Modafar, and had
one daughter who was named Raja Batak Kasul; he had
another daughter, by e woman of the people, whose name was
Raja Tengah Bongsu. |

‘

THE HISTORY OF PERAK FROM NATIVE SOURCES. 307

When Rasa Raprn succeeded to the throne, he was pro-
claimed as Sutran Modarar Swan, and after his death he
was known as Marzum UWaut.

Raza Brsyu was Raja Muda while Rasa Rapin was Sultan,
and after him, while Rasa Inu reigned. There was a civil
war while Rasa Inv was Sultan, and the Raja Muda, Rasa
Bisnu, was raised to the throne, and took the title of Suntan
Murnammap Suan.* Later, he became Yang di-per-tuan
Muda. When he died he was called by the people Maruum
AMINULLAH.

He had eight children—five sons and three daughters-—
namely :—

J —Rasa Iskanpbar,
2.—Rasa Kumas or Saleh, J
3.-—RasA ALA-EDDIN.
4.—Raja Inu Muda.
5.—Rasa Kecuik Bonesvu.
6, 7, 8.—The names of the daughters are not given.

by the same mother,

Raja Puteh gave birth to Raja Khalim. Raja Hamid begot
four children, namely, one son, named Raja Cholan, and three
daughters, names unknown. One of the daughters married
Raga Ans-EDDIN, son of Marnum AmrNuLiAn, and another
marricd Raja Senal.

Rasa Kemas ¢ son of Maruum AmiInuLtan, married Raja
Kechik Ampuan, daughter of Maruum SuLtone GARONGGONG.
Rasa IskanpDar, who became Raja Muda, married Raja Budak
Rasul, daughter of Maruum Hast, and succeeded Maruum
Hast on the throne under the title of Sunrvan Iskanpar
ZuwtKarnayn. After his death, he was known as Mar-
HuM Kanwar-uttaAn.{ One of his sisters was given by him in
marriage to Sherif Hassan, son of Toh Tambak (Sherif Jaladin),
and one of the daughters of Raja Hamid married Marhum
Tengah (Bandahara Raja Inu).

Before his marriage with the Princess Budak Rasul, MarHum
Kawar already had issue by a woman of the lower orders, and

ey ee \

|

* See No. 9 of this Journal, p. 106.
| Kemas=Kei Amas. See No. 9 of this Journal, p. 105.
{ See No. 2 of this Journal, p, 187,

308 THE HISTORY OF PERAK FROM NATIVE SOURCES.

adaughter by this marriage named Raja Sabda Rasul was
given by him in marriage to Raia Sherif Bisnu, who was the
son of Sherif Hassan by the sister of Marnum Kanwar. This
Raja Sherif received the title of Sultan Muda Ala-eddin, and
had, by Raja Sabda, two sons and one daughter, namely, Raja
Tnu and Raja Alane (often called Raja Alang Pulau), sons,
and Raja Itam, daughter:

Raja Alang had two children, of whom one was a daughter
who has left a numerous rosterity , namely, Rajah Ngah Ami-
nah. Rajah Itam married a Saiyid from Trengganu of the
Arab tribe Beni Yahya; they had two sons, namely, Raja
Ngah Daha (Salyid Hussein) and Raja Alang Hussein, com-
monly known as Raja Tua.

While Maruum Kanwar was Raja Muda, Rasa Kumas had
the title of Raja Mechik Muda, and when the former became
Sultan the latter succeeded as Raja Muda. He eventually
succeeded to the throne on the death of Marnum Kanwar and
took the title of Suttan MunamuapiIn SHau,™* establishing
himself at Pasir Pulai, to which place he gave the name
of Pulau Besar Indra Mulia. It was he who created a Sultan
of Salangory by installmg there Sultan Sala-eddin, the first
Yang di-per-tuan, and his descendants. After the death of
Suntan MunamMapin Suan, he was called MarHum Mupa.
By his wite Raja Kechik Ampuan, he had one son, Raja
Tne his, who took the title of Raja Kechik Muda { and begot

a son named Raia Mahmud.

At the time that Marnum Kanar was Sultan, Rasa Ana-
EppIN, son of Marnum AMINULLAH, was Bandahara, and called
himself by the title of “ Bandahara Peningat Itam.”

Here it is necessary to introduce a story. There were two
sisters who upon the death of their father and mother were
detained by their uncle as pledges for the repayment of a
debt of five doljlars due to him by their parents. He employ-

* This name is not given in the account printed on p. 107 of No. 9 of this
Journal. ;

t See No. 2 of this Journal, p. 191.

{ According to Perak tradition, this prince was the first Raja Bandahara.
Before his time the title of Bandahara had been held by Chiefs not of royal
blood. See Journal No. 2, p.'187.

THE HISTORY OF PERAK FROM NATIVE SOURCES. 309

ed the two girls in looking after his farm (/adang). One day
an old woman came there and questioued them, and they ex-
plained how they were in a position of slavery in consequence
of a debt of five dollars. The woman asked their names, and
one of them replied: “ I am called Upik and my sister’s name is
Dewi.’ Thenthe old woman said: “Open your mouth; ” she
did so and the old woman spat intoit * and touched Dewi in the
waist. Then she said : “ I am Nenek Kémang,” f+ and she gave
them a ¢uad (an instrument for plucking padi-ears) and in-
structed them in the art of rice-cultivation and that is the
origin of the knowledge of the cultivation, of padi as it is
practised in Kampar and Teja up to the present day.{ (In the
name of the God who knoweth!) The old woman said more-
over: “Do not be unhappy, it is no longer in the power of any
one to fasten on your skin and bones; your debt is at an end
and ye are no longer slaves,” she then vanished.

When the harvest was over and the padi had been taken to
the kampong, Raja Bandahara Peningat Itam came up the
little river on the bank of which they lived and the people
there told him of the exceptional beauty of Che Upik and Che
Dewi. He immediately took both of them and they accom-
panied him down the river. He married Toh Upik, and she
_ bore him a son who was called Raja Abdurrahman.

After the death of Maruum Kanar, Rasa Kemas became
Raja §; Bandahara Peningat Itam became Raja Muda and
Raja Cholan became Bandahara. After the death of Rasa
Kemas, he was known as Marnum Mupa. Raja Muda Ara-
EDDIN then became Raja under the title of Surran ALA-EDDIN

* This rather objectionable incident, or something like it, occurs in the legend
of Badang ia the Sajarah Malayu. It is found also in other Perak legends,
ég., that of Toh Kuala Bidor.

t The legend of Nenek Kémang is ignorantly introduced here as an inci-
dent which occurred in the last century. It is an ancient legend which belongs
to the pre-Muhammadan times of the Malay nation, and in the folk-lore of Perak
Malays the benevolent fairy or goddess is often referred to. Priwk Wenek
Kemang, “ the cooking-pot of Nenek Kémang” (the contents of which could
never be exhausted), is the “ widow’s cruise ”’ of the Malay peasunt.

t{ As to the belief in a Ceres entertained by Indo-Chinese nations, see
Col. Low’s Dissertation on Penang and Province Wellesley, p, 96.

§ Under the title of Sultan Mahmud Shah, see No. 2 of the Journal, p. 191.

This sovereign reigned for eight years, probably A. D. 1770-1777.

\

310 THE HISTORY OF PERAK FROM NATIVE SOURCES.

Mansur Suan Kwarrrat-irrauim Iskanpar Muna. Raja
Bandahara Cholan became Raja Muda, Raja Inu became
Bandahara and Rasa Kucurx Bones became Sultan Muda. *

Raja Muda Cholan had three children, namely two daughters
by his principal wife (gahara?) and one son by another wife
of alower class (orang ka-luar-an). His daughters were
called Raja Long Irang and Raja Chu, and his son was cailed
Raja Kasim. The mother of the latter was Inche Mek
Anjong ; she was the daughter of the Sri Maharaja Lela, Toh
Osman, of Kota Lama.

The Bandahara, Raja Inu, married a sister of Raja Muda
Cholan, whose title was Raja Che Puan Tengah ; she bore him
two sons and one daughter, namely :—

1.—Raja Abdurrahim, who married Raja Long Irang,
the daughter of Raja Muda Cholan.
2.—Raja Radin, who married Raja Chu, young
sister of Raja Long Irang.
3.—Raja Itam. .
When Raja Muda Cholan died, he became known among thie
people as Marhum Pulau Juwar. + Raja Kasim was then still
very young, and his sister Raja Long [rang brought him up.
Raja Long Irang and her husband and child all died about the
same time, the latter being quite young. Raja Bandahara
Inu died soon afterwards and became known to posterity
as Marhum Tengah. JRaja Radin then became Bandahara.

When Suntan Aus-EppIN died, Sultan Muda Rasa Keonrk
Bonesu became Yang-di-per-tuan under the title of Sunran
Auamapin Suan. The Bandahara, Raja Radin, then became

* A.D. 1777 probably. Sultan Ala eddin Mansur Shah is the last ruler
mentioned in the Misa Malayu (Journal No. 2, p. 193). The original Perak
Salsila cnly carries the history as far as the previous reign (Journal
No. 9. p. 107). All therefore that now follows is new.

+ Raja Cholan (Marhum Pulau Juwar) is famous in Perak ag the author
of the historical work Misa Malayu, which has been described in No. 2 of
this Journal, p. 187, and extracts from which will be found in No. 10, p.p.
258, 263, I take this opportunity of correcting a mistake committed in the
papers quoted, where Misal is written for Jfisa. There is a Javanese
romance which has been translated into Malay and is very popular in Perak.
It is called Hakayat Misa Perbujaya, or simply Misa Jawa. Raja Cholan’s
work has been compared by its admirers to the romance in question and has
thus come to be called Visa Malayu. (The Malay Misa) in contradistinction
to the Misa Jawa.

THE HISTORY OF PERAK FROM NATIVE SOURCES. 311

Raja Muda, and Raja Kechik Muda Mahmud, the son of
Marhum Muda, became Bandahara.

Suttan AHAMADIN married four wives, namely, first Che Pu-
teh, daughter of the Laksamana, Toh Kuala Bidor, by his wife
Toh Puasa. Che Puteh received the title of Toh Dalam and
gave birth to one son whose name was Rasa AspuL MULK.
The second was Raja Tengah Bongsu, daughter of Marnum
Hast by a woman of low birth. She had one son, Raja Inu.
The king’s third wife was a woman of Katiar named Inche
Sri Nayan, daughter of Toh Imam Malik-al-Amin. (This
Imam Malik-al-Amin was one of nine brothers, namely Toh
Biji Dewa, Toh Saiah Dusun, Toh Lubok, ‘oh Bujal, Toh
Sarambi—these last two went to Acheh—and three others.
They were the sons of an Arab named Saiyid Aji by Toh
Dusun binti Mrah Chichik Puteh, an Achinese woman of
royal blood). The king had one son by Che Sri Nayan,
whom he called Raja Abdurrahman. His fourth wife was a
woman of Sungkei named Toh Nah binti Toh Samban. She
bore him one daughter named Raja Andak. He had one other
wife, a woman of Sungei Siput, Che Sinuh by name, who had
one daughter, Raja Mandak.

Rasa Asput Muixk married Raja Itam binti Marhum
Tengah and had by her two sons and three daughters. The
sons were Rasa ABDULLAH and Raia Ahamad, and the
daughters were Raja Che Puan Besar (Raja Aminah), Raja
Che Puan Saraja, and Raja Che Puan Busu. |

Raja Inu married Raja ‘Tengah Trang, a daughter of Mar-
hum Tengah by a woman of Labu Kubong Lanih. (Raja
Tengah trang was known from her childhood as Inche Bidara).
He had one son, Rasa Cuonan, and one daughter, Raja Alang.

Raja Andak married Raja Kasim, son of Marhum Pulau
Juwar, and had one daughter named Raja Meh Salamuh,
familiarly known as Raja Nutih, who was of great beauty.

The Bandahara, Raja Mahmud, had eight children—four
sons and four daughters—namely :—

1.—Raja Ah.

2.—ltaja Ngah Laut.
$.—Raja Tengah Buang.
4,—Raja Radin.

312 THE HISTORY OF PERAK FROM NATIVE SOURCES.

5.—Raja Teh Perak.
6.—Raja Andak Amas.
7.—Raja Mandak (the mother of Raja Mandak was —
a daughter of the Raja of Menangkabau).
8.—Raja Urei.
Of these, Raja Radin and Raja Urei were by the same mother, a
woman of Bukit Tuntong named Bentuak Malak Bergis of
the family of Toh Bidara.

When Sunran Anamanrn died, people spoke of him as Mar-
uum Bonesu Manexar pr Cuicar Garan. Raga KEcHtk
Besar, AppuL Mu x, his son, then became Raja under the
title of Surtan Mansur Suan, and Rasa AxBpuLian, his son,
became Raja Muda. The Bandahara, Raja Mahmud, also
died. Raja Ngah Laut married Raja Aminah, and became
Bandahara. Raja Abdurrahman received the title of Raja
Kechik Besar and when he died at Kampong Mangkasar, people
spoke of him as Marhum Kampong. Raja Kechik Besar
married Che Limah, the sister of Toh Ludin, a native of
Kuala Prai, daughter of Wan Bentan, who was the son of
Tumonggong Pak Ujan, who first opened Kuala Prai.* Raja
Kechik Besar and his wife Che Limah had one son, Rasa
ApputtaH. He married Raja Ngah Aminah, the daughter
of Raja Alang and grand-daughter of Suttan Mupa Ana-
EDDIN (Raja Sherif Bisnu), and Rasa CuHoxnan, the son of
Raja Inu, married Raja Mandak, daughter of Marhum Say-
ong, and had one son, Raja Mahmud, who died young. Rasa
Cuonan divorced his wife, Raja Mandak and married Raja
Nutih-Meh Salamah, the daughter of Rajak Kasim. This
Raga Cuoran received the title of Raja Kechik Muda.

Raja Ali, the son of Marhum Sayong, married Che Nur-
mah, a woman of the people, and had a son named Raja Dand,
anda daughter named Raja Puteh Khadijah. Raja Daud
married Raja Kechik Puan Busu, daughter of Sultan Mansur
Shah, and had two children, namely a son, Raja Sa‘id, and a
daughter, Raja Andak. Raja Daud married secondiy Inche
Long Halimah, a woman of the people, daughter of Muhammad
Kasim, a native of Sayong and Boya. She bore him two

* The part ; of Province Wellesley nearest to Penang.

po
Co

THE HISTORY OF PERAK FROM NATIVE SOURCES, 0

al
the younger was a boy, Raja Abdul Latif (nicknamed Raja
Radin). Raja Daud received the title of Raja Kechik Besar,
and Raja Ahamad (son of the reigning Sultan) was created
Raja Kechik Tengah. The latter eed Raja Long (Raja
"Che Puan Bougsu) daughter of Damg Masak by Raja Galub,
and had three clildren—one daughter, Raja U ti, and two
sons, Raja Neau J‘arrar and Raia Alane Iskandar,

Raja Bandahara Ngab Laut and his \ wite Raja Aminah had
one daughter.

Raja van Perak, daughter of Marhum Sayong, married
Tungku Besar Muda R raja Abdurrahman bin (Mar hum Many-
kat di balei) Yang-di-per-tuan Besar Sultan Ismail of Siak,
and had one daughter, Raja Long Siak. This Raja Abdur-
rahman married Slisp at Sungei Siput a woman, not of royal
blood, named Long Bidara. She was the dome) ig: of Toh
Padang Raia, a native of Jambi, by his wife Ngah Patah binti
Pak Sah ina Toh Sah bin Toh Pajar Tumungegong hilang di
Padang, bin Parmei di Wangsa Toh Kahar, son of Tan Tala
Puteh Mata, son of Tan Ondan, son of Tan Saban Balik
hilang di Bukit Merah. Raja Abdurrahman -and Long
Bidara had two sons—Ungku Muda Raja Ismail Patch, aud
Ungku Busu Raja Daud (called a short. Ungku Andak).

Raja Kechik Sulong ‘Tua Abdurrahman, son of the late
Sultan, had-four sons, namely, Raja Iskandar, R taja iKemas,
Raja Zeina}, and Raja Ismail. Raja Iskandar had, ‘by & col-
cubine, a daughter named Raja Saf. Raja Ismail \ marricc
Raja Andak Amas and had two children—a son named Raja
Idris, and a daughter named ee Banun. Rajaldris married
Raja Long Siak ond had two sons—Raja Alang Adi and ae
Kulup Kechik Abdurrahman and two daughters—Raja Puteh
“Zulika and Raja Neah Zahara.

Ungku Muda Raja Ismail Puteh married Raja Putch
Khadijeb, daughter of Raja Ah, and had two children—a son

ind a daughter, who were both killed by (hiatus in MS.).

He married the second time a woman of the muntah laiambu
class,* Long Saiba by name, and had by her three children,

children, of whom the elder wasa girl, Raja Fatimah, and

* Bangsa muntah lumbu “the tribe of the cow's vomit,” alleged to be tbe
descendants of the Bhat (herald or bard) of the first Malay King. Beef, milk,
butter, ghi, &e., are forbidden to them. Jour. Royal Asiatic Society, XLT,
N, S, $3, :

old THE HISTORY OF PERAK FROM NATIVE SOURCES.
Raja Muhammad Perak, Raja Mahmud, sons, and Raja Mai-
munah, daughter.

Ungku Busu Dand married Che Essah, a Salangor woman,
and had by her one daughter named Raja Hamidah. When
Che Essah died, he married her sister Che Nai and had three
children by her—Raja Yahya Ke-hik, Raja ‘Ayesha (7), and
Raja eee jah (7).

After Ra uja Muda Radin oe pecple spoke of him as Mar-
hum Shahid Allah. By his wife Raja Ghe Puan Besar (Ung-
ku Chu) binti Marhum Pulau I uwar, he had three children :—

1.—Raja Omar.
2.—A daughter, who became the wife of Raja Muda
Abdullah.
oe Raja Busu (f), whose title was Raja Che Puan
Muda, aud who became the wife of Raja Kechik Tea Yue
suf, son of Raja Muhammad of Kedah by Che Puasa. ‘Phe
father of this Raja Muhammad was Raja Hitam of Kedah and
his mother was Raja Amas Iring.

Raja Kechik Tenge and his wife Raja Che Paan Muda
Busu had four children—two sons and.two daughters :—

1.—-Raja Mubammad Aminullah.
2 2—Raja Pandak Ibrahim.

3.—A dang! hter, name unknown.
4, aoe Putch Ch rantik.

When Sultan Mansur Suan died, he was called by the title
of Marhum Jamaz-uitLan. The Raja Muda then ascended
the throne taking the title of Sultan AppuLLan Ma‘adam
SHAH; the Bandahara, Raja Neah Lean ut, became Raja ] Muda,
and Raja Radin, the ») ounger brother of I Raja Ngah Laut, be-
eame Bandahara. Raja Bandahara Radin marricd a woman
of the lower class, a native of Kampong - Chupin, Ninda Ungu
by name, and had by her a daughter named Raja Uth, and a
son 1 amed Raja Negah Putra. The Raja Bandahara took a SC-
cond wite, Che P ute eh, a woman of Bandar, and had by her a
son named Raja Ala-cddin. After the death of Raja Banda-
hara Radin, be was spoken cf by the people by the titles of
ene m Kechik and Marhum Pulau. And he aja Che Puan
Besar Aminah, sister of SuLran Anputian, and wife of Raja
td Ngah Laut, also died, and was called after her death by
the title of Sha‘alam Muda.

THE IISTORY OF PERAK FROM NATIVE SOURCES. O15

Raja Kechik Muda Cuotan was the next Bandahara, and in
his time an arrangement was got up among the Chiefs and
Rajas and a Kuropean named— , by which the Raja Muda,
Ngah Laut, was raised to the dignity of Yang-di-per-Tuan
Muda, and Raj ja Bandahara CuoLan was made Raja Muda, and
Raja AB ee son ot Marhum Kampong Mangkasar (Raja
Kechik Besar Abdurrahman) changed his title for that of Ra-
ja Kechik Muda, and Raja Idris, son of Raja Ismail, changed
his title for that of Raja Kechik Sulong.

Raja Mandak, diuciice of Marhum DBonesv, was given in
marriage by her young relation Suttan ABpuLLAH Ma‘adan
SHan to Raja Saiyid Itam, son of a Raja from Siak, who al-
ready had a son, named Raja Hussein, living at Larut. The

ssue of this marriage was two children, namely, a son named
ee Ismail Hitam, and a pee who died young.

Raja Muda Onoran and his wife Raja Che Puan Besar (Meh
Salamah) had one son named Raja Nean Axt.

8 Nean J‘arrar married adaughter of Yang-di-per-Tuan
Muda Neah Laut, and took the title of Raja di Uilir.

Raja Alang Iskandar, younger brother of Raja di Hilir Nean
J‘AFFAR, married a daughter of Raji Kechik Tengah Yusuf,
and another daughter of the latter, namely Raja Puteh, married
Raja Ngah Ah.

The sister of Raja di Hilir Nean J‘arrar was married to
Raja Hussein, son of Raja Itam (who now took the title of

taja Kechik Muda) and his wife that of Raja Che Puan Muda.

After Sultan Asputtan Ma‘adam Suan died, he was men-

tioned always by the title of Marnum Kuani-Un.att or Manr-
uum Pasir Pansanc. Raja Muda Cronan now ascended the
throne under the title of Sultan SHAHAB-UDDIN Suan, and Ra-
ja Bandehara AppuLian. son of Marhum Kampong Mangkasar,
became Raja Muda, while Raja di Hilir Neau J‘arrar suc-
ceeded him as Raja Bandahara. Sultan SaanAap-uDDIN Suan
died, and was known after his death as Marnum. Tansone Pr-
NANGGAR SavFi-uttAu. Raja Muda Aspunitan then became
Sultan, and reigned at Tanjong Sareea niane under the title
of Sultan ABppuLLAN MunamMap Suan. The Bandahara (Ra-
ja di Hilir) became Raja Muda, and Raja Alane Iskandar be-
came Gandahara. The wife of Raja Muda Near J‘AFPAR

316 THE HISTORY OF PERAK FROM NATIVE SGURUES. °

received the title of Raja Che Puan Besar, and the wife of Ra-
ja Pandahara Alang Iskandar, that of Raja Che Puan Kechil.
The Raia Bandabara by his ‘wife Raja Che Puan Kechil had
two children, the cldest of whom was a daughter named Raja
Teh Kechik, and the second a son named Raja Hassan. He
had another wife also, a woman of the lower class named
Alang Milu, alias Ken Uda, by whom he had three sons :—
. 1.—Raja Kulup Muhammad Kramat.
2.—Raja Idris.
Jd.—Raja Lop Ahamad. ;
Raja Bandahara Alang Iskandar died at Kuala Teja, and has
ever since been known by the people as Marhum Kuala Teja.
Suttan AspuLLAH McuyamMap Suan by his wife Raja
Perampuan Nexah Aminah had three sons and one daughter,
namely :— :

oo Noeau Yusvr, (the present Regent),

2. ee Pandak,

3.—Raia Suleiman.

4.—A daughter born after her father came to the
throne, whose name was Raja Mandak and
whose title was Raja Budak Rasul (anak bang-
tay:

oo Ismail Hiram, son of Raja Mandak, and grandson of
Maruum Bonoesv, married Raja Fatimah, daughte er of Raja
K ea Besar Daud by his we Long Halimab ; ; and Raja

Near Ant, son of Marnum Sari-ubtan, was a close friend and
ally of this Raja Ismain, for “the latter had been adopted by
Marittum Sart-tLtan and his wife in their lifetime. When
this Raja Neash Ali lost his wife Raja Puteh, daughter of R ae

1

Kechik Tengah, he married the daughter a Raja Kechik Su-

yea

long Idris; her name was Raja Pr iteh Zeleha. ‘Ti ney had two
sons :—— !

1.—Raja Osman.
2.—Raja Omar.
Before they reached manhood; Raja Nean Aur divorced
(ber-cherei hi idop) Putel ‘h Zeleha. |

Ata bangta or anak sabda is the name given in Perak to a child of a
Sattan borne after his accession.

THE HISTORY OF PERAK FROM NATIVE SOURCES. Oley

Raja Ismain Hiram, by his wife Raja Fatimah, had two
children, the elder of whom was.a daughter, Raja Long Kha-
dijah, and the second a son named Ra aja Lop Ahamad.

When Sultan Apputnan MusamMap Suan died, Raja Mu-
da Neau J‘arrar became Yang-di-per-tuan and took the title
of Sultan J‘arrar Ma‘adam ‘Swan. Raja Aur became Raja
Muda and Raja Ismail became Raja Bandahara,

Sultan J‘arrar -and his wife Raja Kechik Puan Besar had
one daughter named Raja Long. Her mother died before
Raja J‘arFAR succeeded tothe throne and was known after
her death by the title of Sha‘alam Telok Kapayahg Mangkat
di Pangkalan Pongeb: The Sultan had, by another wife (Che
Zulan), a daughter named Raja Negah, and, by another wife
‘(Che Mahat), a dough ter named Raja Nandak and a son name ed
Raja Apputian. This Raja AupuLLAN was born on the night
of Nast Sha‘aban, ee it is said that on that night the water of
the well Zem-zem bubbled up and over tiowed. Further, a pious
Menangkabau man, still living, named au hammad Ali (who
is married to Che Fatimah of Bandar and is known as Tuan
Besar Kramat) when be saw the new-born tiene said at the
Puma 7 This child is supernaturally gifted (ber-tuah) ; take
“the greatest care of him.”

Raja Long, the Sultan’s daughter, married Raja Kechik, the
son of a Raja from Riau, and his second daughter, Raja Neah,
married Daing Perbu, the son of a Bugis Raja who was the son
of Kraing Ch ‘andrapolih, son of the Raja of Bernih (Brunei) :
and his third datguter, Raja Nandak, married Raja Pandak,
son of Marwuw Arix-unianm Manexar pi Durian SABATANG,
(Scurtan AppuLLan MuiwaMMAD SHAH).

Raja ABpuLLAH, the son of Sultan J‘arrar married Raja
Tipah, half sister of Raja Muda Ngah Att on the mother’s
side.

Sultan J‘arran married another wife called Che Alang
Amas, who bore him a son called Raja Musah.

Raja Long had three sons by her husband Raja Kechik of
Riau, nam ely : —

}.—Raja Mahmud, who is now at Riau and who has
been to Mececah,

318 TILE HISTORY OF PERAK FROM NATIVE SOURCES.

2.—Raja Ngah J‘affar, who lives at Kame at aia
pong Changlkat.
8.—Raja (Ave tus in M. S.), also at Kamper at the
present time.

Raia Negah bore her husband, Daing Perbu, a daughter -

named Raja Endah, who married Raja Ne ah J‘affar the son of
Raja Long
Raja Nandak and her husband Raja Pandak had three sons:—
].-—Raja Ibrahim.
: Ee ee ja Ah.
3. —Raja Alang.

Raja’ Pandak had been previously married, before he mar-
ried Raj ja Na ndak, ~ a woman of the lower class named Che
Long, daughter of Toh Marat of Pulau Tiga, and by her he had
one son named Raja ‘Main ud,

After Sultan J‘arrar died, he was always spoken of by the
title of Marnum Ovzs-urtin pi Pasir Pangzanc. Raja Muda
Neau Aur then ascended the throne, and his title while Sul-
tan was “ Al mattkkai billah il jali Paduka Sri Sultan al muk-
“mel ‘Anayat oa el Perak da i el riduan.’’*

Raja Abul son of the late Sultan, became Raja Muda,
the Bandahara, Raja Ismail Hit am, retained that office, and it
was by his aa and consent that Raja AspuLLAH was made
Raja Muda

Raja Osman , son cf the new Sultan, married Raja Long
Khadijah, daughter of Raja Bandehara fenil and had no issue.
After the Sultan (ALI 1) | had reiened fora time, he died at Kua-
: Lat the house of Che Ra jab, and was buried at Gedong
Siam at Sayong. The title given to him after his death was
Maruum Nagsr-vu :
At this time, Raja AnpuLLan was down the river and though
he wassentfor repeatedly he did notcome.t There was thena

* “He who piaces ail h’s con fide nee in the just God, Paduka Sri Sultan el
miikmel ‘Anayat Shah of Perak, the abode of Paradise.

} The custom quoted by the Perak Chie Fs in explanation of their action
in passing over the Raja Muda (see Biue-Book c. 1111, p. 118) is common ta
et yveral Indo-Chinese nations, e.g. the Siamese, Jou. Te. Arch. I, 344, and

he Cambodians, Moura, Le Royaume de CU: umbudge, I, 347. In Timor the body
of 2 deceased king remains wnburied till the relatives can afford to provide
the burial feast. Till such time the king is supposed to be asicep and no
successor with reigning powers can be appointed. Forbes’ Hastern Archipela-
go, p. 428,

THE HISTORY OF PERAK FROM NATIVE SOURCES. 319

consultation among the Chiefs, at the head of whom was Baal
ka Sri Maharaja Tbrahim, Mantri at Larut, after which they
raised Raja Bandahara Ismarn to the throne under the title of
“El mestir bsetri Alla el jemil* Paduka Sri Sultan Ismail
“ Muy-eddin ‘ayat Shah.”

Raja Osman, son of the late Sultan, was made Bandahara
under the title of Bandahara ave kil-al-Sultan Wazir al kabir.
Not long after this, Raja Muda AnpuLtAn came to an agree-
ment with the Chiefs down the river, at the head of whom was
the Laksamana Muhammad Amin, that he should be recognised
as Sultan under the title of pre “El ATA billah+ SuLTAN foes JLLAH
Munammap Su — Yang-di-per-Tuan, Perak,” and he at once
went. to Singapore where Gov ernor Ord was then stationed as
the G overnor a the Straits Se ee Poon = he re-

urned to Perak, there was a change of
drew Clarke became tes ae ota: Pee Scent
came on to Pangkor, where he confirmed Suiran ABDULLAH as
Yang-di-7 per Tuan of Perak, Sutran Ismait becoming Ex-Sul-
tan, that is to say, Sultan Muda. The Colonial Seerctary, Mr.
J. W. Birch was then appointed Resident of Perak. Again
there was a change of Governors in Sing See and Sir William
Jervois became Governor. Then the death of My. Birch at
Pasir Salak took place, and the Sultan Coe retired from

ae:

Pangkalan Péguh. Then Captain Dunlop and Major
McNair became Queen’s Commissioners in Perak and after-
wards Mr. Davidson became Resident. After this, Sultan

AppuLLsaH and the Laksamana and the Shabandar were taken
away to Singapore and thence to Pulau Seychelies. The
Mr. Hugh Low became Resident of Perak and Mr. Maxwell

secame ao ees Resident and governed Larut. Raja Muda
Yusur became Regent of Perak, and Raja ie son of Marhum
Bandahara Iskandar, became Hakein of Perak.

Raja Muda Y USUT, Regent of Perak, begot two children, a
daughter named Raja N aan and a son , Raja Lop Mansur. He
had another son, by a oa Raja Muhammad Ajam ; aad

1other son, by a LOE es called Zenab (to whom he was never
married), who was named Raja Pendawa. By awoman named

Alang Malaka (whom he married) he has ason named Raja

* «The covering of the protecting mantle of Ged,”
{ ‘“ The friend oF God.”

20 THE HISTORY OF PERAK FROM NATIVE SOURCES.

Co

Johar. Thus, atthe dateat which thisrecord is drawn up the
child en of the Rreunt are five in number, but judging from
his robustness, it is possible that he may still beget more.

The mother of Raja Nutih and Raja Mansur (the Regent’s
elder children) was Toh Puan Fatimah, the daughter of Raja
Judra Bongsu by Toh Mandu who held the office of bantara
to Marium Dorian Sasatrane, father of the Recunt. Raja
Nutih married Raja Idris, the Hakim, and they have one son,
Raja Abdul Jalil, or Yup. By another nonin Ngah Manih,
Raja Idris has two sons, Raja Abdul Hamid and Raja Alang
Iskandar and one daughter Raja Ngah.

Raja Mansur, yo ounger br other of Raja Nutih, married Raja }
Long, daughter of Raja Alang Mamat, and had a son named
Raja. Abdul Majid.

Raja Muhammad Ajam, son of the Regent, married Khati-
jah, a woman of Kota Lama, and had one daughter named Raja
Long.

Ungku Muda Raja Ismail Puteh, or, as he was generally
called in his old age, Toh Ungku Ismail Puteh, married an-
other wife, Raja Alang Sabda, daughter of Raja Hussein, el-
der brother of Sunran Ismarn. They had two daughters ‘and
one son :—

1.—Raja Zeleha.
2.—Raja Muhammad Tayib.
3.—Raja Mandak.

Raja Yahya Kechik, son of Tungku Busu Raja Daud, mar-
ried Raja Fatimah, daughter of Haji Radin Mansur by Inche
Alang Mariam daughter of the Panglima Bukit Gantang Alang
‘Ayeddin. Raja Yahya Kechik lived at Sungei Limau, and
having performed the pilgrimage to Meccah, was nickn named
Raja Hayi.*

Raja Haji and Raja Fatimah, at the time when this is written
have ‘three sons and three daughters :—

1.—Raja Puteh Khadijah.

2.—Raja Kulup Abdurrahman,

3.—Raja Latifah. ,

4.—Raja Muhammad Ali Khatih. ©

5.—Raja Ngah Zohara Mahira.
6.—Pachi Raja Abdul Hamid.

* The author of this paper,

THH HISTORY OF PERAK FROM NATIVE SOURCES. avi

Raja Haji married another wife, Teh Misum Selebuh, but
divorced her without issue. He married another wife Teh
Zeleha of Senggang, and had by her a daughter named Raja
Long Aminah.

Raja Haji was adopted, from the time his mother conceived
him, by Toh Ungku Ismail and Raja Puteh Khadijah, and was
brought up by them, regarding them always as his father and
mother, and being in ignorance, until he reached manhood, who
his real parents were. All the property which Raja Ismail
and Raja Puteh acquired, subsequent to the time of the mar-
riage of Raja Ismail Itam with Raja Teh Fatimah—lands,
houses, mines, slaves, elephants and buffaloes, they made over
to Raja Haji Yahya while he was still quite young and they
are his to this day.

The end.

Written on Wednesday, the 7th day of Jamad-ul-akhir, A. H.
1299, at Kampong Bélanja.

Se

BRITISH NORTH BORNEO.*

Introduction.

The object of this paper is to give a short and general
sketch of the territory under the Government of British North
Borneo Company, from personal observations made during a
residence of nearly three: years in the country, and irom the
official reports of Messrs. Pryuer, Von Donor, Franwx Harron
and Wirtt.

Area.

Embracing an area of some 20,000 square miles, and a
coast line of about 500 miles, the territory lies between the
116th and 119th degrees of East longitude, and the 4th and
7th parallels of North latitude.

Geographical Features.

The general geographical features of the country are as
follows:—A range of mountains—the general direction of which
is North-East and South-West—forms a backbone through
the heart of the country, varying in height from 4,000, 7,000
amd 8,000 feet in the mountains of Melaio, Mentapok and
‘Trodan, respectively, until the altitude of 13,698 feet is attained
by the rugged peaks of Kina Balu, which tower above the
surrounding country, repelling with precipitous ascent the
adventurer who would attain their summits. From this range
and descending to the coast on either side, are lesser ranges of

_ * See a paper, with this title, by Sir WALTUR MzeDHURST, read at a meet-
ing of the Royal Colonial Institute this year.— Ep.

394 BRITISH NORTH BORNEO.

hilis covered for the most part with virgin forest, and inter-
spersed with fertile plains, watered by the numerous rivers
which wend their circuitous courses to the sea beyond. The
coast, as a rule,is low and flat and is, to a large extent, lined with
the handsome casuarina tree, broken by stretches of mangrove,
denoting swampy ground or the mouths of rivers, and diversified
by low sandstone cliffs, yellow from exposure to the weather, or
patches of forest reaching to the water’s edge.

At a short distance from the shore on the West coast, a
very large area of country is denuded of trees, and Jaland ea
coarse grass (Andropogon caricosun), has spread over it, except

where here and there the plantations of the natives vary its
monotony.

Harbours.

Many indentations occur on the coast, and the country 1s
particularly rich in harbours, the principal being Gaya, Ambong
and Usikan on the West coast, Kudat on ‘the ‘North, and
Sandakan on the East. The importance of these harbours it
needs but a glance at the map to realize, containing as they do,
amongst other advantages, natural facilities for defence.

Sandaken.

Sandakan harbour it will be seen, lies but a short distance
from the track taken by trading vessels between Australia and
China, and is indeed but five hours steaming distance from
their course. It is extremely well protected, and contains an-
chorage for any number of vessels; having an extent of fifteen
miles in length, by five miles in breadth. : t

Kudat and Gaya.

Kudat and Gaya harbours are within a few hours steam of
the route, through the Palawan passage, taken by ships trading
from the West to China and Japan. The value of these
harbours, therefore, as coaling stations, and refuges for our

mercantile navy, in the event of a war with a naval power,

BRITISH NORTH BORNEO. 825

cannot be overrated, and it follows, that it is of the highest
importance that they should not be in the hands of any foreign
and possibly hostile power. _

The value of these harbours, in addition to their strategical
importance, is enhaned by the rich country lying at their back.
This is especially the case with regard to Sandakan, into which
flow some fifteen rivers, taking their courses, for the most part,
through a country which is without doubt a field for large
sugar aud tobacco plantations, and_contaming a supply of
timber which, from its easy access, should be a great source of
revenue to the Government.

Rivers.

The principal rivers in the territory are the Kimanis,
Papar, Putatan, Abai, and Tampasuk, cn the West Coast,
Paitan and Sugut on the North, and Sibuco and Kinabatangan
on the Hast. Most of these rivers are navigable for steam
launches of light draught, for although, as a rule, deep water is
found inside the entrance, all the rivers are more or less barred.
The Kinabatangan is navigable for some 200 miles. © Rising in
the ranges south of Kina Balu, it takes its course to the sea,
emerging some twenty miles sonth of Sandakan harbour, after
passing through a very thinly populated country covered for
the most part with virgin forest, varied by occasional native
plantations, or patches of secondary jungle denoting where
former clearings have been. The quantity of floating timber
met with, in the rivers, renders careful navigation necessary.

North Borneo as a field for the Planter.

North Borneo as a new field for the crowded-out planters
of Ceylon and Sumatra, is not to be surpassed, for in its hills
and valleys will be found scil suitable to almost every tropical
product. Hap1on in the New Ceylon writes as follows, and his
remarks are confirmed by experts from personal observations :—
“The spurs and slopes of Kina Balu are peculiarly fitted for
“orowing coffee, tea and cinchona, while the rich plains that

326 ‘BRITISH NORTH BORNEO.

“mark the course of the Kinabatangan and other rivers lend
“themselves to the culture of indigo, tobacco, cotton, rice and
“the other well-known tropical products. Such villages as the
f oe aveller meets with on excursions in the interior, are fed and

‘maintained by agriculture, the successful features of which,
e «belong to the natural fertility of the soil, rather than to the |

“science of the native farmer. . . . . You cross a plain of rice,
as oe cocoa-nut trees and other luxuriant veyetation. You

“see the native cultivator at work, his rude plough drawn by
“ buffaloes, a flocks of white paddy birds sailing aloft, or a
“few solitary cranes adding an oriental touch to the picture.
“Vou halt on the river bank amidst tro opical groves, here and
“there relieved by neatly kept gardens, fenced down to the
‘water’s edge, and containing plentiful supplies of sweet pota-
“toes, cucumbers, maize and kaladi.”

Tobacco.

That the country is peculiarly adapted for the growth of
tobacco, 1s demonstr ated by the fact of its cult ivation. by the
natives of both coasts, and that in spite of the want of care in
its production, an excellent leaf is obtained. A sample of leat
from a newly opened plantation on the Hast Coast, has been
pronounced by experts to be unsurpassed. ‘Such being the case,
und considering that the available land in the tebacco produci inv
countries is becoming exhausted, it is reasonable to suppose that
this country will, in a short time, take a prominent place as a
large producer of ‘tobacco.

Sugar.

Sugar is also cuitivated to some extent and Jin some parts
of the country; a primitive mill for crushing is used by the
natives. Consens. however, the small profit Be
together with the known risks in cultivation, the substitutes for
cane whicn are being brought into the market, and the com-
paratively low rate at which labour is obtained in the saga
producing countries, it is doubtful whether this product will be
cultivated to any large extent.

BRITISH NORTH BORNEO. | 8327
Gambier.

Gambier ( the inspissated Juice of Nauclea gambir, an
astringent used in dying and tanning), the cultivation of which
has met with such success in the neighbouring state of Sarawak,
pepper, tea and coffea arabica, have all been proved suitable
and sago which is indigenous to the country would largely
ee, for planting in the low lving grounds at the entrances to
rivers.

Jungle Products.

Hspecially is this country rich in natural jangle products,
such as gutta percha, india rubber, camphor, canes, and an
infinite variety of useful and ornamental woods, including the
valuable bi/ian (i1ron-wood) and ebony.

Camphor

The camphor of Borneo, (Dryobalanops camphora) is noted
for its peculiar medical properties, and is highly valued by
the Chinese, who will give, according to the variation of the
market, from twenty to forty dollars a pound for the best.

Borneo, with its natural advantages in waterways, should
export its timber largely to China, and no doubt when labour
becomes more abundant, this, will be the case.

Mirewoud.

A market for firewood has been already established in
Hongkong, and the supply of mangrove which is unequalled for
this purpose, 1s ee inexhaustible. and ean be obtained
without any ditheulty. The bark of this tree, which has to be
removed in its pr eparation as firewood, has its own special value
as producing a reddish dye much used by the Chinese.

Edible Birds’ Nests.

Another valuable and increasing product is the edible

é

-828 BRITISH NORTH BORNEO.

birds’-nest, which is obtained in small quantities on the West
eoast, and adjacent islands, but is chiefly supplied from the
Gomanton caves on the Kast coast. The following description
of these caves is condensed from an account lately published in
the Straits Times. The caves are situate on the Kinabatangan ©
river, near the village of Malapi, which is some fifty miles from
the mouth. The chief entrance Simud putih (white entrance).
is on the Gomanton hill at an elevation of 500 feet, and is
about 30 feet high by 50 feet wide. The ascent to it is very
steep, 1n some parts almost perpendicular, but the nature of the
jagged hard lme-stone rocks, affords holding points for one’s
hands and feet. From this entrance the ascent to the summit
of the hill, is another 500 feet, and at the top is a smallish hole
which leads into the great Stmup putin caves below, going
straight down about 850 feet. Down this the natives descend
by rattan ladders, fastened to the circumference of the hole,
right into the abyss below, in search of the nests. At nightfall
a remarkable sight is to be seen at the entrance, viz , the return
of the swallows (Collocalia esculenta) to their nests, and the
departure of the bats. With a whirring sound, multitudes of
bats wheel round in spiral columns from the summit of which
detachments break off and wheel away rapidly towards the
mangrove swamps and the nipa palms. Amongst them the
white bats are very conspicuous, and are termed by the natives,
the Rajah, his wife and child. Soon after the bats emerge from
the caves, the swallows return in countless numbers. Each
morning the process is reversed, the swallows going out and the
bats returning home. On entering the mouth of the cave as
described above, the floor for the first part of the way slopes
down at an angle of twenty-five degrees, to an enormous Cave
with several smaller ones leading out of it. From the side of this
cave rises a high dome, from the top of which you can see the
opening before-mentioned, some 850 above. The average height
of the cave before coming to the dome is 150 feet. The next
cave Simud itam (black entrance) is on a level with the river
bank. The entrance is by a magnificent porch of 250 feet in
height, opening out into a large and lofty chamber, beyond -
which an open space is reached, from which looking up can be

seen the SIMUD PUTIH. :

BRITISH NORTH BORNEO. 329°

From this space is a cave running under the Scmup Puria
series which is filled, halfway to the top with bats’ guano, which
cannot be less than fifty feet indepth. Its extent is unknown.
Samples of the guano have been sent home and were valued at
from £8 to £15 per ton. The annual value taken from these
caves is $25,000.

Coal.

That coal is present in many parts of the territory, has
been proved, and boring for workable deposits, is being actively
engaged in. The present supply, which is stored at the principal |
ports of call, for the use of men-of-war and trading vessels, is
obtained fromthe Moara mines, situate atthe mouthof the Brunei
River and which have been leased by the Sultanof Brunei to the
Labuan firm of Messrs. Cowrn BrorHers. The quality of the
coal has been well reported upon by engineers of Her Majesty’s
ships and others, and it is used to a large extent by those
vessels visiting Borneo and Labuan, as well as by all the
local trading steamers. There are five seams now being worked,
of 26, 24, 6, 5 and 4 feet in thickness respectively.

Minerals.

From the reports of traveliers and others, the mineral
wealth of Borneo has been much exaggerated, although the
numerous indications are sufficient to have causedthem. Gold
indeed is found in Dutch Borneo and Sarawak, but in compa-
ratively small quantities. Traces of gold have also been found
in North Borneo, and the island of Banguey off the North coast,
and samples of auriferous quartz have lately been discovered in
the vicinity of Marudu Bay and in rivers flowing into Sanda-
kan Bay. Up to the present, however, the search has been
unsuccessful, and this is not to be wondered at, when we
consider how everything is hidden by a luxuriant vegetation
which jealously guards the treasures of the earth from the
eyes of the explorer. Samples of cinnabar, silver ore, anti-
mony and tin have been found in different parts of the territo
ry. Copper also was being traced by the late Mr. Frank Harton,
the Company’s mineralogist, who was confident of its existenee

330 BRITISH NORTH BORNEO.

but his lamented and sad death has temporarily put a stop to
the search for it. Thesame formations in which the silver ore
aud antimony are found in Sarawak, are also met with in parts
of North Borneo, and from specimens whicb have been brought
in by the natives, it is reasonable to suppose that a systematic
search would disclose workable deposits. ey

Mother-o’pearl.
. |
The sea also has treasures which form no small item of
export, such as mother-o’pearl, béche-de-mer (holothuria,) and

- tortoise shell. The neighbourimg oyster beds in the Sulu sea

have lately been attracting the attention of kKuropeans, with a
view to the introduction of proper appliances for the effective
working of the beds, which is impossible with the primitive
means employed by the natives. There is no doubt that as the
European government becomes known and appreciated, the
pearl oyster beds, which unquestionably exist round the coasts,
will be made to yield their riches. The grasping natures of
the innumerable petty chiefs of a former régime, who oppressed
the unfortunate pearl fishers, until their occupation—arduous
and dangerous as it was—brought them no profit, is the
cause assigned by the old men for the abandonment of the
pursuit, and the consequent losing sight of the exact locality of
the beds. On one occasion, whilst searching for an oyster bed
in a locality poimted out by an old man living on one of the
small islands off the coast, the divers who accompanied the
writer, obtained over a hundredweight of mother-o’pearl,
valued at $45, but all the shells were isolated, and it was
evident that only the outlying members of the true bed had
been found. itil

Fauna.

Beasts of prey are conspicuous by their absence, the one
known exception being a small tree tiger (Lelis macrocelis)
which is found in the interior. Deer of various kinds, wild
pigs, wild cattle (Bos gaurus), and buffalo, are abundant, and

BRITISH NORTH BORNEO, 331

afford capital sport, whilst on the East coast are found
in addition the elephant and rhinoceros (&. swmatranus).
Journeying up the rivers, many varieties of the monkey tribe
are met with, including a small species of orang-utan. Small
black bears (Helarctos euryspilus) are occasionally met with. *
The tapir and other have been seen on the North coast. A
large variety of squirrels abound. Amongst the snakes are
found the cobra, python, and leaf snake (Zrimeresurus
subannulatus), but the writer has not known a single fatal case
of snake-bite during a residence of six years in Borneo.

Crocodiles are numerous, and at times extremely fierce and
dangerous. The rivers and coast teem with fish, which form
the staple food of a large portion of the inhabitants.

Pigeons of many kinds, snipe, curlew and plover, the Argus
and Bulwer pheasants ( Argusianus Grayi and Lobiophasis
Bu/weri; +) and several kinds of partridge afford a tempting
variety to the sportsman, and the field opened up to the
naturalist amongst the numerous birds of North Borneo, is a
large and but little known one.

Climate.

The climate is more healthy than might be expected in a
country situated so near the Equator. The maximum monthly
mean temperature during the year 1883 was 83.9, whilst the
lowest for the same period was 79.1. The nights as a rule are
very cool and pleasant, and on the coast the heat during the
day is rarely oppressive. The rainfall for 1883, as observed at
Kudat, on the North coast, was 120.56 inches, November,
December and January being the months during which most
rain fell. There is no absolutely dry season, it being rare to
aass many days without rain. ‘To Europeans who take reason-
-pble precautions against exposure to malarial influences, the
climate is healthy.

* Sir STAMFORD RAFFLES described the Malayan bear befve the Linnean
Society in 1820. CRAWFURD says that the Bornean and Sumatran bears are
the same species.—ED, :

} This isanerror. The Bulwer Pheasant (Lobdiophasis Bulweri) has not
come under the knowledge of the author. The birds referred to are two
species of the Fireback Pheasant, the Huplocanus pyrrhonotus and the
Euplocanus nobilis.

oor BRITISH NORTH BORNEO.
Population.

North Borneo is very thinly populated ne its scattered
inhabitants include many different races.

The West coastis principally peopled by a mixture of Ma-
lays, Bajaus and Ilanuns, whilst on the North and ast coasts Ba-
jaus and Sulus are chiefly met with. The aborigines who resida
in the interior are called Dusuns or Ida’an. They are an agricul-
tural race, and generally peaceful. They grow tobacco and
cotton, as well as rice, tapioca, yams and indian corn, but only
cultivate sufficient for their own immediate use—the usual habit
of most nativesof these parts, who fail to realize the importance
of providing for the future. They use a plough and harrow, and
in this respect are superior tc the other natives of Borneo,
although the use of these implements is said to have been in-
troduced by the Chinese who—report tells us—at some remote
period thickly populated North Borneo. .

Labour.

For purposes of labour, the native cannot be depended upon,
being naturally indolent and quite content so long as his own
immediate wants are satisfied, and these being simple, he finds
no difficulty in supplying them. Chinese at present supply the
labour market. Chinese, natives of India, and Arabs are to be
found trading in most of the rivers, and the first named are
settling in large numbers wherever stations have been opened
by the Company, more especially at Sandakan, which now
contains some 3,000.

A rough estimate of the population gives the number as
150,000, but this is probably underrated, asit is being rapidly
increased by the influx of Chinese. The value of the Chinese
in a new country like this, is well known, and as a pioneer, his
assistance in making the Government known to the natives of
the interior, amongst whom he intrepidly ventures, alone or
with but one or two companions, speaking imperfectly if at all
their language, will be readily acknowledged by those who
have experienced it.

BRITISH NORTH BORNEO. : oa”

Slavery.

One great benefit which will follow on the establishment of
a Government by Europeans, will be the gradual abolition of
slavery, which, however mild it may be in this country, is
repugnant to civilised humanity. By recent laws promulgated
by the Government, the death blow to the various modes of
obtaining slaves has been struck, the following regulations
effectually accomplishing this object :—(1.) No slaves can be
imported from other countries. (2.) Debtors cannot be seized
by their creditors, which was formerly one of the principal
means of obtaining slaves. (3.) All children born of slave
parents after November, 1883, and who would, according to
- custom, be slaves also, are declared free.

Most of the inhabitants of the coast are Mahomedans,
whilst the aborigines put their faith in omens and old supersti-
tions.

Future Prospects.

In conclusion, the experiment in colonization now being
tried by the British North Borneo Company, is one of more
than local importance, and is being anxiously watched by other
nations whose interests in those seas are so great.

With the example of what has been done in the Native
States, and Sarawak, and by governing through and with the
assistance of the natives themselves—which is indeed the only
true way in a country such as this—the young colony should,
within a reasonable time, realize the expectations it has aroused,
by taking a position corresponding to its natural advantages,
and sending forth its riches to the other countries of the world. *

EK. P. GUERITZ.

[This paper was prepared at the suggestion of Mr. J. 8.
O’Hatioran, Secretary of the Royal Colonial Institute, by
whom it was read, on my behalf, at the Montreal Meeting of
the British Association for the Advancement of Science, on the

29th August, 1834.—E. P. G.]

——

* The information in this paper may be fitly supplemented by the following

334 - BRITISH NORTH BORNEO.

remarks made by Mr. A. DENT when Sir WALTER MEDHURST’S paper on
British North Borneo was read before the Royal Colonial Institute on the 12th
May, 1885 :—“ The progress in North Borneo has not been so rapid as was
anticipated when we obtained the charter at the end of 1881, but still we
can certainly point to steady progress since the company took possession in
July, 1882. I find that the fiscal revenue for 1834 as compared with 1333
shows an increase of 60 per cent., land sales a decrease of 39 per cent., leaving
a total. increase of 28 per cent., which, considering the state of
trade and universal depression, must, I think. be thought not wholiy unsatis-
factory. Sir WALTER has alluded to several new imports and exports. We
hope in 1885 to show an export. of gold. Last autumn we sent one of our best
officers to explore for gold in the Segama and Kinabatangan rivers, and his
report showed gold to exist in alluvial deposits in the 30 or 40 places experi-
m-nted upon. He. could not continue his explorations, owing to tie wet
season haying just set in, but has recently gone back, and we hope soon to hear
it confirmed that there are workable deposits of gold in the country. That
the Governor and officials of North Borneo believe in it is evidenced by their
having taken the trouble to publish regulations and prociaim certain districts
as gold fields. Tobacco we look forward to as likely to prove an important
enterprise in the country. This, as the paper says, is advancing but slowly,
fur, owing to many difficulties which occur in a New country, the 1834 crop
did not come up to expectations. Considerable preparations have, however,
been made for planting during the coming season. In February last one
company had 330 coolies working on their plantation, and another company 100
cvolies. From all accounts, this tobacco is likely to prove equal to the finest
Sumatra. It is used for covering purposes. In sugar little has been done as
yet, but large tracts of country nave been taken by Australians, Ciiiese, and
others. There seems to be a fair prospect that the depression in this trade will
soon pass away, for prices have recently advanced 30 per cent. There is some
reason to believe that the German Government are getting tired of the system
of bounties, for I believe it isa fact that the sugar manufacturers and growers
of beetroot in Germany owe the Government something like ten millions ster-
ling, and the authorities are beginning to wonder whether they will ever sve
their money again. As regards timber, our export for 1884 amounted to
$10,000. Part went to Australia aud part of China. There isa great variety ~
of timber in Borneo, some of the hardest woods in the world being found there.
The Billian, or iron wood, is plentiful, and valuable for ralway sleepers,
wharves, &c.; and some other woods are suited for furniture, ship-building,
and other purposes. One of the Chinese merchants has 200 men cutting
timber for the China markct, andthe Australians are cutting tim-er freely
for the Melbourne market. The report upon the experimental garden at
Silam states that Liberian coffee, now rising to its third year, is very fine,
and yielding freely. The younger plantations at Sandakan promise well
The growth of pepper is all that could be des'red. Cocoa, Manila he up, and
gambia are, amongst other articles, easily produced in the territory. (ne of
the main questions remaining for consideration is that of labour. Everywhere
the question seems to be how, and where, to get Jabour. Many restri-tions
' are, we know, put upon the importing of Chinese into America and Australia,

BRITISH NORTH BORNEO. OOD

but those who have lived as long as I have amongst the Chinose will testify
to their value if they are treated properly. One advantage with this labour is
that you can make contracts, and payment by results, by which mears you can
get the maximum amount of labour at the minimum of expense. Bo:neo is
but a few days’ steam from China and Singapore, where, for a moderate wage,
an unlimited amount of this labour can be obtained. Anyone who has studied
the map will, I thik, recognise that, commercially and strategically, North
Borneo occupies a position of great importance. lying on the high road
between China and Australia, we must in time get a large population there.
The climate I can speak well of. I have lived there many months at different
times of the year. The Government cf the country is based, as Sir WALTER
has told us, on the Indian penal code, and the administration seems to meet
the wishes of the natives and the Chinese, and the other settlers. A force of
180 police has hitherto been sufficient to keep order with comparative ease. As
to the charter, seme friends of the enterprise seem to believe that the enormous
powers we hold were giyen by Her Majesty the Queen. It is notsoat all. All
our powers were derived entirely from the Sultans of Brunei and Sulu, and what
the British Government did was simply to incorporate us by Royal charter,
thus recognising our powers, which recognition is to us, of course, of vital
importance. I hope I have said enough to interest you in our scheme, and to
show that North Borneo has a considerable future before it.”
ED,

"| ei

ity petine sit sda Winddsee

OS ae he fs

pc paiement ns Frees nh tank an

v be

00 tee Spee

2

id

PELE BU.

The following Notes, regarding the history of the con-
stitution of Felebu have been compiled from information
gleaned from the headmen of the State.™

The four following countries—(1) Jelebu, (2) Sungei Ujong,
(3) Rembau, and (4) Johol—were in former days governed by
Penghulus subject to the suzerainty of Johor.

On one occasion the Raja of Johor was guilty of an act
of gross oppression towards the Penghulu of Rembau entitled
Orang Kaya Kéchil. The Raja of Johor wished to obtain in
marriage this Penghulu’s daughter, but the Penghulu refused
and married her to another. The Raja’s anger was roused at
this, and the Penghulu, hearing of his indignation sent his own
son S1AmarT (sic) to explain matters to the Raja and to endea-
vour to appease his wrath.

The Raja, however, would not listen to SiAMmart, but order-
ed him to be put to death.

After this the Penghulus of the four States were afraid to
go to the Court of the Raja, owing to this unjust act.

After some time, however, the headman of Jelebu took
courage to appear before him. Now this headman’s name |
was Munyona Sain, and his title was Orang Kaya of Sungei
Lumut. The name of Jelebu was as yet unknown: and it was
not until some time later that the country was so called after a
man of that name who was drowned in the river (Triang).
This headman of Jelebu, then, went to the Court of the Raja
of Johor, who presented him with a chop bearing the follow-
ing inscription :—

“The Sultan Ma‘adam Suau confers upon the Mandelika

‘* Mantri supreme authority to be the Sultan of Jelebu
SHORE Vela

* The first division of this paper is, I need hardly point out, a literal
translation of the story verbally communicated to me by Malays.—H. A, O’B.

338 JELEBU.

And this is the form of words that has been used from
generation to generation by the Penghulus who have governed
the country of Jelebu.

The Raja of Johor further issued instructions to the
Penghulu, that from that time forth the Penghulus of Jelebu
and of the other three States were not to bring their complaints _
before Johor.

Thereupon the four Ponehedlas made an arrangement to
create a Raja of their own, and chose a man of the royal blood
of Menangkabau, who on his election abode in thé country of
Sri Menanti.

The place where the election of this Raja occurred was
Petajeh, ana hence arises the old Malay saying: ‘*The source

“of royal power is Pétajeh ; the place where it dwells is Sri
“Menanti.’?’ A Yam Tuan” Mudain Rembau, anda Yam
Tuan Besar in Sri Menanti, such was the (new) order of things,
and the four Penghulus no longer took their complaints ‘ to
Johor, but to Sri Menanti, and had thus a Menangkabau man
as their ruler. :

At that time there was no Yam Tuan in Jelebu, but the
Penghulu held sway in that country, and this state of things
continued for a lone time.

At length the Yam Tuan of Sri Menanti, who had a num-
ber of sons, sent one of them to Jelebu, merely to take up his
abode there and to till the ground. His conduct ‘was long
watched by all the officers of Jelebu, and they saw that it was
very good. His behaviour towards the people was good, and he
seemed to be a man capable of supporting and sustaining the
country. He was alsoa man of considerable mental ability,
and his personal character was beyond reproach.

Accordingly all the officers met together and notified to the
Penghulu their intention * of making the Yam Tuan’s (Sri
Menanti) son their supreme ruler.

He was accordingly elected with the title of Yam Tuan
of Jelebu, with the duties of protector of the inhabitants of
that country. He did not, however, receive any jurisdiction in
the country, and the Penghulu and ‘the officers contributed to
his support, each man as much as he could aftord.

* This account of the attitude of the Waris and Lembagas in these early
times is noteworthy as bearing upon the present constitution of tae country.

J ELEBU. 339

The district within which the Yam Tuan’s authority
extended was from Bandar Berangan up to Sungei Melentang,
that is to say, to Batu Gominting (in other words, a portion of
what is now Kiawang). |

Such was the limit of his private and direct rule from that
time down to the time of his descendant at the present day.

And should he violate this understanding or the customs
of the country he may be deposed by his officers. |

“ If a king be just he is reverenced if unjust checked.” *

Such was the order of things in former times, and the
boundary of Jelebu with Pahang is the place called Meranti
Sembilan, + while the boundary with Sungei Ujong is Bukit
Tangga.

Now Klawang is said to belong to Sungei Ujong for the
following reasons.

Some time ago a son of the Datu Penghulu of Jelebu vio-
lated a daughter of the Penghulu of Klambu, and was compel-
led to marry her. Sufficient money to pay the fine exacted was
not forthcoming, and so in place of a money payment the
Penghulu of Jelebu gave Klawang (to Sungei Ujong), that is to
say, so much of it as is on the right as one goes up stream to
Sungei Ujong and down stream so far as Lubok Kerbau Balir.
For any measure that the Yam Tuan wishes to take in the dis-
trict thus defined, he must first obtain the sanction of the
Government of Sungei Ujong.

Such is the account of the origin of the present Government
which obtains in Jelebu, taken from the lips of those who are
most likely to be informed on the subject and who are unanim-
ous in their story. :

I may append a short account of the constitution of Jelebu
as I found it when I visited it about the middle of the present

* The headmen hold that the present Yam Tuan has violated the con-
atitution, and he now resides in Klawang, with an allowance from the British
Government contingent upon his non-interference in the government of Jelebu.

{ This appears to have been the old Jakun boundary. It is low down on
the Triang river, is decidedly Pahang in its tendencies, and does not acknow-

edge the Penghulu.

340 JELEBU.

year (1884) and in what follows, for the purposes of simplicity,
I venture to leave out of consideration the recent arrangements
made with the rulers of Jelebu. |

There is still a Yam Tuan of Jelebu * although practically
he may be regarded as a cipher. He arrogated to himself pow-
ers of interference in the internal government of the country,
which the Penghulu and the Waris considered to be a violation
of the conditions under which the office of Yam Tuan was esta-
blished, and he was ordered by them in 1880 to leave Jelebu
and reside in Sri Menanti. A composition was, however, effect-
ed in his behalf, and he now resides in Klawang near the Jelebu
frontier. Theoretically he still continues to be the Protector
of the people, but I have not learnt that any point has been
referred to him since his removal from the country, except in
the case of an informal grant of land recently made to an Euro-
pean company in Jelebu, and again in the case of the Pahang
boundary question, when he expressed his opinion to the
Government at my request.

The Penghulu, therefore, Svep Aut pin Zin, is the ruler
of the country, for all practical purposes. I may say the undis-
puted ruler, as the Yam Tuan signed a bond in January of the
present year undertaking not again to interfere in the govern-
ment of the State.

The Penghulu is assisted in the conduct of affairs by
nine Officers, or perhaps it would be more correct to describe
his jurisdiction as limited by them. They are entitled Lem-
hagas, of whom there are five, and Waris, who are four in num-
ber. The Lembagas have each a separate title :—

1.—Datu Mantri.
2.—Datu Ngiang.
3.—Datu Chinchang.
4,— Datu Sendara.
5.—Datu Lela Angsa.

_ These officers are all entitled to a vote in every act of State, |
and any act done without their concurrence is illegal. At the
State Council, however, they may, in case of illness and so on, be
represented by authenticated Wakils. The entire land of Jele-
bu is considered to be vested in them and the Waris, but under
no circumstances can a Lembaga rise to the office of Penghulu.

* Since deceased—13th December, 1884.—Eb,

|

J ELEBU. 341

The Waris are entitled as follows :—

1.— Raja Balang.
2.—Maharaja Indah.
3.—Raja Penghulu.
4,— Datu Umbei.

They also have a vote in the State Council, and the Peng-
hulu is elected from their body with two reservations.

The Datu Umbei cannot become Penghulu, nor can the
Raja Penghulu. A member of the family of the latter officer
may, however, become a candidate for election.

The succession would appear to follow a fixed rule, viz.,
that on the death of a Penghulu who has been of the family of
a Raja Penghulu, the Raja Balang of the day is elected. At
his death the Maharaja Indah of the day succeeds, and is again
succeeded as Penghulu by a member of the family of the Raja
Penghulu.

This rule is theoretically absolute, but has often been bro-
ken through, and in all cases the appointment must be ratified
_ by the unanimous vote of the Lembagas.

The Datu Mantri is the head of the Lembagas, with the
full title of “ Datu Mantri Shah Memangku Alam.” The full
title of the Datu Umbei (father of the Waris) is “ Datu Umbei
Pangkal Maharaja Lela.’

“According to old custom, the Datu Lela Angsa was ap-
pointed by the Penghulu to protect the Yam ‘Tuan, and the
Penghulu when he wished to obtain an audience of the Yam
Tuan applied to do so to the Datu Mantri, who laid the request
before the Datu Lela Angsa.

The Yam Tuan has, however, no followers now, with the
exception of an ex-Maharaja Indah, who was deposed for sup-
porting him in acts of oppression, and who resides with him
in Klawang. Similarly in former days the Yam Tuan had
four officers attached to his household, who now exist no longer.
Their titles were :—

1—Bruang Sati who was chosen by the Datu Sendara.

2—-Penglima Prang, in. Datu Mantri.
3—Penglima Mamat, rN Datu Chinchang.
4—Penglima Prang No. 2, a Datu Ngiang.

The Lembagas had thus a direct control. over the internal

342 JELEBU.

affairs of the Yam Tuan’s household, but, as I have said, all this
is at an end now.
The Penghulu has four officers attached to his person,
who are in like manner appointed and removed by the Waris.
1—Penglima Garang is chosen by the Datu Mantri.

2—Penglima Hitam, it Datu Ngiang.
3—Penglima Sutan No. 1, ee Datu Chinchang, |
4—Penglima Sutan No. 2, ... Datu Sendara.

The Penghulu, though in theory above control, is in reality
entirely under the direction of the Lembagas and Waris, who, if
unanimous, can obtain any constitutional change in the country
they may desire by observing the following routine.

If a measure is originated at the unanimous desire of the
| Lembagas, it is submitted by them to the Waris, and vice versa.
Should it obtain the concurrence of the party which is not its
originator, it is submitted in due form to the Penghulu, who
has the power of veto, but who in practice accepts what is laid
before bim with but little discussion. After this step has been
taken, the measure (until recently) is transmitted to the Yam
Tuan for final ratification, and when this has been obtained,
the measure becomes law, binding upon the imbhabitants of the
country generally.

This process may appear to be rather too involved to work
without friction in a Malay State, but there can be no doubt but
that it contains elements of safety for the ryot from its very
complexity. |

The ex-Raja Balang left Jelebu and has reappeared with
the Pahang envoy supporting his theory that Jelebu has always
been Pahang territory, and that Jelebu as a separate State is
non-existent.*

Whatever may be the real status of Jelebu, the present
condition of the country is truly deplorable. It bears marks
of having been, at no very distant period, fairly prosperous and
sufficiently peopled, but now, speaking generally, the whole land
is waste. ‘

I passed the other day through mile after mile of deserted
kampongs with fine padi land all round in abundance and
with fruit-trees still in bearing.

The only sign of work or prosperity I came across was at

* See the postscript,

JBLEBU. 343

some tin mines at Jélindong, which have been worked ona
small scale for 17 years by a Sungei Ujong Chinaman.

The tin deposit at this spot is the richest I have seen, being
quite 100 per cent. better than in any mine at present working
in Sungel Ujong, but even with this natural advantage the
- miner’s struggle for existence isa very hard one. He 1s de-
pendent for every mouthful of food upon Pahang or Sungei
Ujong, and rice delivered at the mines is costly food indeed.
When I was there, a dollar purchased only 22 gantangs of rice,
as against 7 gantangs in Sungei Ujong, and 10 gantanys at Kuala
Triang.

An arrangement has been entered into by which a bridle-
track will be constructed from Pantei in Sungei Ujong to these
mines early in the coming year, and other roads will be made
later on. A shop in connection with the mines will be opened
next year, so that I hope that they may progress as they ought
to do.

With regard to the country generally, I see nothing in the
Way Of its prosperity but the absence of population, and people
are sure to come in when the proposed rvuads have become an
established fact.

H. A. O'BRIEN.

P. S.—At the present time (September, 1885) the road alluded
to above has been completed, anda Collector (Mr. KH. P. Gusrrrz)
has been appointed, who took up his duties in June last. I under-
stand that the old residents are gradually returning to the country,
and that there is every prospect of an early development of the
miueral resources of the State.

The Pahang. boundary has been definitely fixed at Sungei
Dua on the ‘Triang, and the Collector’s quarters, together with a
Custom House, Court, and Police Station, have been erected at
Kuala Klawang.

H. A. O’B.

Ait oe 2

a x : LH i. ’ ;

OCCASIONAL NOTES.

1 ore id ua

Tux following extract will be of great interest to those who
have read Mr. O’Brien’s paper on this subject in No. 11 of
this Journal.— Ep.

“ The first thing of interest to attract me within a few hours
of my arrival at Kosala, was a case in one of the servants of
the house of that curious cerebral affection called by the
natives /ata. It is of a hysterical nature, and is confined
chiefly to women, although I have also seen a man affected by
it. On being startled, or excited suddenly, the person becomes
lata, losing “the control of her will, and. cannot refrain from
imitating whatever she may hear or see done, and will keep
calling out, as long as the fit lasts, the name—and gene erally
that word alone—of whatever has flashed thr ough her mind as
the cause of it. ‘“‘He-ih-heh matjan!” (tiger) ; “He. -ih-heh boo-
rung besar!’’ (a great bird). Jter purpose will be arrested,
as, if walking, she will stop short, and on going on again will
often follow some other course. The prefatory exclamation is
an invariable symptom, seemingly caused by involuntary hys-
terical inspirations. According to the degree of alarm the
symptoms may remain only a few moments, or last for the
greater part of a day, especially if the patient be prevented
from calming down. The afflicted, if not very seriously
affected, are not altogether incapacitated from performing the
duties to which they are accustomed. ‘The most curious cha-
racteristic of the disease is their imitation of every action they
see. On one oecasion, while eating a banana, I suddenly met
this servant with a piece of soap in her hand: and, perceiving
she was slightly lata, but without appearing to take any notice
of her, I made a vigorous bite at the fruit in passing her, an
action she instantly repeated on the piece of scap. On another

446 . OCCASIONAL NOTES.

occasion, while she was looking on as I placed some plants in

drying paper, not knowing that caterpillars were objects of
supreme abhorence to the natives, I flicked off in a humorous
way on to her dress one that happened to be on a leaf; she
was instantly intensely /ata, and throwing off all her ee
she made off like a chased deer along the mountain road, re-
peating the word for caterpillar as she ran, until compelled by
exhaustion to stop, when the spasm gradually left her. My
own “ boy,” who would unconcernedly seize all sorts of snakes
in his hands, became one day Jata also, on suddenly touching
a large caterpillar. My host’s maid once, while alone at some
distance from the house, having come unexpectedly on a large
lizard—the Baiawak—was seized by a paroxysm; dropping
down on her hands and knees to imitate the reptile, she thus
followed it through mud, water and mire to the tree in which
it took réfuge, where a was arrested and came to herself.
Another case which came under my knowledge was more tra-
gic in its results. This woman, startled by treading im a field
on one of the most venomous snakes in Java, became so /ata
that she vibrated her finger in imitation of the tongue of the
reptile in front of its head till the irritated snake struck her ;
and the poor creature died within an hour.

During the attack the eyes have a slightly unnatural stare,
but-there is never a total loss of consciousness, and through-
out the paroxysm the patient is wishtul to get away from the
object affecting her, yet is without the stre ength of will
to escape, or to cease acting in the way I have deseribed._
Lata persons are constantly teased by their fellows, and are
often. k ept in an excited state for whole days.”’-—A Naturalist’s
Wanderings in the Eastern Archipelago. Fores, 1889

Tue following paragraph appears in the report of a meet-
ing of the Société de Géographie, Paris, held on the 22nd
May, 1885 :—

“Te Président annonce la présence &la séance de MM. MAXWELL. M.
WILLIAM MAXWELL, ancien Assistant-Résident de Pérak, anjourd’hui lua

OCCASIONAL NOTES. 447

des hauts fonctionnaires du gouvernement de Singapore, a toujours fait le
meilleur accueil aux voyageurs francais; aussi la Société de Géographie saisit-
elle avec empressement cette occasion de ’en remercier.

M. MAXWELL est en méme temps l’éminent secrétaire de la branche malaise
de la Société royale asiatique. Tous ceux qui s’occupent de la Malaisie savent
Vénergie, l’activité et le talent qu’il a mis au service de la science. Son pays,
@ailleurs, a su reconnaitre les services rendus par lui, et, aujourd’hui méme,
M. MAXWELL vient d’en recevoir la récompense: Vordre de Saint-Michel et
Saint-George. La Société de Géographie est heureuse d’étre la premiére 4 Ven
féliciter.

M. FRANK MAXWELL, son frére, l'un des résidents de Sarawak, nous arrive
en droite ligne de Bornéo, ot il vient de séiourner pendant treize années, dont
la plus grande partie a été vaillamment passée 4 l’intérieur du pays, dans des
régions inconnues, au milieu des Dayaks, dont il a étudié le caractére et les
moetirs.

Les noms des deux fréres appartiennent donc a la Géorgraphie et la Société
leur souhaite une cordiale bienvenue.”

M. dE QuarreracEs has been good enough to present to the
Society, through M. pm La Crorx, a copy of his work
“ Hommes fossiles et hommes sauvages,” Paris, 188+.

ian
SEIN,

LD

3 9088 01309 9528