The New Google Sites version is available at /yala-minang/negeri-sembilan-origins.
● Negeri Sembilan: Origin and Constitution - M Lister, 1887
● Malay Law in Negri Sembilan - M Lister, 1890
● Rembau (Origins) - DFA Hervey, 1884
● Tuanku Muhammad installation - EW Birch, 1906
● Folk-Lore and the Menangkabau Code in the Negri Sembilan - A. Hale, 1898
Tuanku Muhammad Shah, the eighth Yang di-Pertuan Besar of Negeri Sembilan [Image :WikiCommons]
Negri Sembilan - Their Origin and Constitution, 1887 JRASSB #19 pg.35-53, by M. Lister (with D.F.A. Hervey)
Malay Law in Negri Sembilan - by Martin Lister 1890, JRASSB #22 p.299-319
Raja (Prince) of Negeri Sembilan and followers c.1900 [source- WikiCommons]
Tuanku Muhammad ibni Almarhum Tuanku Antah, Yang Di Pertuan Besar Negeri Sembilan with his followers, Kuala Lumpur, 20.7.1903 [source- WikiCommons].
RĔMBAU by DFA Hervey, 1884 JRASSB #13 pg.241 - 258
--- * † ‡ § ║ ¶ ĕ Ĕ â ê Ê î Î ô Ô Û û ---
HRH Tuanku Muhammad, Yang Di-Pertuan Besar of Negeri Sembilan, after receiving the insignia of the G.C.M.G. on 17 August, 1931, immediately before the Durbar of Rulers held at the New Istana, Sri Menanti [source- Arkib Malaysia].
Image : New Straits Times
Malay Rajas, seated left to right: Unidentified person, Sultan Abdul Samad of Selangor, Sultan Idris of Perak, Yam Tuan Muhammad of Negeri Sembilan; 27 Mar 1890 in Singapore [image- WikiCommons].
The Election and Installation of Tungku Muhammad, C.M.G. Bin Tungku Antah, as the Yang Di Per Tuan Bĕsár, Negri Sembilan
By E. W. Birch 1906 - JRASSB #46 pg.9-22
I have been induced to publish the story of how the ancient constitution of the Negri Sembilan was restored. It will be conceded that it is easier to overthrow than re-establish the constitution of a country. The event I am about to describe being one of very deep importance to the Chief and people of the beautiful State that lies between Malacca and Selangor. A brief reference to the history of the Nine States and to the establishment of the dynasty, represented by Tungku Muhammad, is first necessary.
No dates have been handed down to define the time at which the descent of a great number of Sakai from the hills peopled the countries of
(1) Klang (now Selangor),
(2) Naning (now a portion of Malacca),
(3) Jelai (now a district of Pahang),
(4) Segamat, and
(5) Pásir Bĕsár (now included in the State and Territory of Johor),
(6) Johól,
(7) Sungei Ujong,
(8) Rĕmbau, and
(9) Jĕlĕbu.
Four Bátin, or Sakai Chiefs, were the leaders of this colonisation : one, a woman, remained with her following in Johól : the other three, with their adherents, occupied Klang, Sungei Ujong and Jĕlĕbu.
These four Lawgivers (undang yang ampat) are repeatedly referred to hereafter, but it should here be stated that the state of Rĕmbau has succeeded to the position formerly held by Klang.
As time rolled on other people were attracted to these countries and there was free immigration from Mĕnangkábau. The new arrivals brought their tribal customs with them, and, as the terms "Waris" and "Lembaga" will recur, it will be well to point out that there is only one Sakai, or Waris, tribe — viz., the "Suku Beduanda" — while there are several Mĕnangkábau tribes, the elected head of each being known as the Lembaga or manager of the tribal system.
The Sakai and the people from Mĕnangkábau maintained the most friendly relations, but it became evident that over the Nine States there must be some Suzerain to whom inter-state disputes could be submitted for adjudication : and, through the good offices of the Ruler of Johor, a deputation to Mĕnangkábau was arranged and a Prince of that royal family was induced to come over.
In the year 1773, or thereabout, Raja Melewar was installed by the four Lawgivers as Yang di per Tuan Bĕsár, and he took the title, by which he and all his successors have been known, of Yam Tuan Bĕsár, Sri Mĕnánti. That beautiful valley which it is impossible to traverse without halting repeatedly to feast one's eyes on the scenery of hills, green or golden padi, and feathery bamboos had already been occupied by Mĕnangkábau settlers, and they had so named it because, on their arrival, they found padi in the ear, ripe, awaiting them. There the Astana was built and the site then selected has become the ancestral home of the Raja.
Meanwhile other districts had been opened by settlers. The gaps, caused by the defection or alienation of five of the original Nine States, were filled by
Ulu Muar, Tĕráchi, Jempol, Gúnong Pásir, and Inas.
Subsequently Tampin and Gemencheh, settlements from Rĕmbau and Johól, were added.
Gradually the constitution was built up and strengthened, but, about thirty years ago, dissensions, inevitable in all histories, arose, and Rĕmbau, Jĕlĕbu and Sungei Ujong were estranged.
Then the healing interference of Great Britain commenced : by degrees Sungei Ujong (April, 1874), Rĕmbau (March, 1884), Jĕlĕbu (September, 1886), and Sri Mĕnánti (June, 1887), were brought under British Protection.
Finally, by the agreement of August, 1895, the Confederation of all the States, with one British Resident as Adviser to the Chiefs, was arranged.
Such was the condition of affairs when I assumed my duties as British Resident early in 1897. Apparently every- thing was in order, but enquiry proved that in matters relating to the constitution and Malay customs the greatest disorder prevailed. The Yam Tuan of Sri Mĕnánti had not been installed : he had merely been declared to be Yam Tuan by British authority in June, 1887 : there had been no formal creation of a Yam Tuan since the installation of Tungku Antah his father, and even then the Rembau and Jĕlĕbu Chiefs had not attended : of the four Lawgivers, Johól alone admitted allegiance to the Yam Tuan : the other three declared that they were absolutely independent and that their independence had been recognised by the wording of the agreement of August, 1895.
The secret of success with Malays consists, to a great extent, in the recognition of the fact that the mainspring of their life, political and social, is built upon the word "adat." Their customs are their inheritance : they regard them as their birthright and they are an absolutely conservative people. I hope that it is not unfair to say that some English adminstrators, who have been very popular with Malays, have fallen into the error of pandering to the Malay veneration for custom. They have put off reforms forgetting as it were that many Malays possess that true conservatism which while tenacious of the constitution, is ready to accept useful measures of reform.
My experience had taught me that the Malay is a very reasonable person, and the Malays of Malacca and of the Negri Sembilan at all events have in a comparatively short space of time consented to the demolition of their ancient but obsolete land customs. It was not without a considerable show of opposition that their consent to that demolition was obtained but knowing that they will generally yield to the arguments of them whom they trust I was hopeful that though at the sacrifice of their self-importance, they would agree to re-establish their ancient constitution.
The opportunity arose in this wise : — When the Hari Raya, or festival which succeeds the month of fasting, was approaching, the Yam Tuan invited the four Lawgivers to Sri Mĕnánti to witness the ceremony of obeisance which is annually performed by the subjects of a Malay Raja.
They (Johól excepted) declined the invitation and made all manner of excuses, their only reasonable plea being that it was customary to receive the homage of their own subjects on the Hari Raya.
The Yam Tuan then arranged to invite them immediately after the festival of the Hari Raya Haji, and I asked them to attend. They urged that there was no reason why they should go, and expressed fears that their attendance might be construed to be a waiver of the freedom from interference which they then enjoyed in the internal affairs of their respective States.
I invited them to a meeting at the Residency and explained that they were placing a strained construction upon the words of the agreement, that the British Government had never intended that they were to repudiate the Raja who was the representative of the dynasty their own ancestors had set up, that they were trying to override ancient custom by arguing on customs of thirty years' growth and that the machinery of the Negri Sembilan Government could not work until its component parts were replaced in their constituted places.
They replied that ancient custom required that they should instal the Yam Tuan, that Tungku Muhammad had not been invested with the powers and position of Yang di per Tuan Bĕsár by them, and that they would be stultifying themselves if they went to Sri* Mĕnánti.
After a hasty meeting with the Yam Tuan, who at once agreed to be formally proclaimed, I suggested to the three malcontent Lawgivers that they should draft an agreement in Malay setting forth their allegiance but providing for free- dom from interference in internal affairs and for permission to celebrate the Hari Raya in their own States.
That agreement, when drafted, was submitted to and approved of by the Yam Tuan.
Translated it reads as follows : —
Agreement between the Yang Di Per Tuan Bĕsár, Sri Mĕnánti, and the four Lawgivers.
Now in all truth We, the Yang di per Tuan Muhammad, C. M. G., the son of the late Yang di per Tuan, Antah, have made an Agreement with the Four Lawgivers.
I, The Dato' Klana Petra and the Dato' Bandar of Sungei Ujong.
II. The Dato' Mendika Mentri Akhir Zaman Sutan of Jĕlĕbu :
III. The Dato' Johan Pahlawan Lela Perkasa Setiawan of Johól :
IV. The Dato' Sedia Raja of Rĕmbau.
1. Whereas We and the Four Lawgivers and the British Resident have bound together the constitution and customs of the country and the heritage of Our ancestors of old time, as is related hereunder.
2. Now the Four Lawgivers return to elect Us to be Raja of the Negri Sembilan in accordance with our ancient constitution.
3. Now that We have been installed as Raja of the Negri Sembilan, We, according to the old constitution, cannot interfere in the customs of the country or in Muhammadan Law : and every matter that arises in each State is to be settled in consultation with the British Resident of the Negri Sembilan and is not to be subject to Our commands.
4. If any difference of opinion arises between one Law- giver and another as to the boundaries of their States, and if either Lawgiver appeals to Us by presenting himself before Us, then We are bound to interfere and to settle the matter with justice, but if the officers of the Four Lawgivers or their subjects come to present themselves before Us to make com- plaint or petition Us in writing, We shall not in future enter- tain their complaints.
5. When the festivals of Hari Raya and Hari Raya Haji are celebrated according to ancient custom, the Four Lawgivers will not come to present themselves before Us at Our Astana, at Sri Mĕnánti, but will each celebrate his own festivals, according to ancient custom, in his own State. Always provided that, on great occasions such as ceremonies of Marriage or Circumcision, if We invite the Four Lawgivers they shall carry out Our wishes in their entirety.
6. In the event of the death of the Yang di per Tuan, the Four Lawgivers shall bring, as an offering, gold in such amount as is befitting, such offering being provided by the Government of the Negri Sembilan.
7. Moreover the Four Lawgivers, in conjunction with each other and with their hereditary officers, shall elect one of the royal princes and instal him as Yang di per Tuan in the same manner and in accordance with the customs and constitution under which the former Yang di per Tuan was installed.
BE IT SO.
Written on the 29th day of April, 1898, that is on the 8th day of Zil-haijah, 1315.
The date fixed for the ceremony was Saturday, the 7th of May, 1898. The procedure to be followed in summoning the four Lawgivers to Sri Mĕnánti was adopted as closely as time permitted.
We had to take it for granted that the Tungku Bĕsár had sent for the Dato' Ulu Muar, Dato' Tĕráchi, Dato' Jempol and Dato' Gúnong Pásir, and had announced to them that a Yam Tuan was about to be placed upon the throne.
We assumed the consent of the Dato' Ulu Muar and despatched his four chief Lembaga to convey the news to the four Lawgivers and call upon them to attend at Sri Mĕnánti.
The To' Paduka Bĕsár (Lembaga, Ulu Muar) went to the Raja di Múda (Lembaga, Tĕráchi) and with him proceeded to Pantai and Rasah to wait upon the Dato' Klana Petra and Dato' Bandar of Sungei Ujong, respectively. Those two Chiefs, with all their following, returned with the two heralds to Tĕráchi, which, according to ancient customs, is there resting place.
The To' Sri Maharaja (Lembaga, Ulu Muar) went to the To' Andika (a retainer of Johól) at Cheriau and with him proceeded to wait upon the Dato' Johól Johan Pahlawan Lela Perkasa Setiawan. The aged Dato', who much wished to attend and who had requisitioned the District Officer for a pony and trap in order to do so, was ill and therefore sent the Dato' Baginda Tan Amas, who is his representative in the Council of State. He and his following, which included the Dato' Inas and all his Lembaga, instead of returning with the two heralds to Cheriau, their appointed resting place, came straight on to Kuala Pilah and proceeded the next day to Sri Mĕnánti.
The To' Senara Múda (Lembaga, Ulu Muar) went to the To' Paduka Sri Maharaja (Lembaga, Gúnong Pásir) and proceeded with him to the house of Sinda Maharaja (Lembaga, Rĕmbau). After being informed of their business the Sinda Maharaja conducted them to the Dato' Rĕmbau Sedia Raja. He, with all his following, was escorted by the two heralds to Gúnong Pásir, which is set apart on State occasions as his resting place.
The To' Orang Kaya Bongsu (Lembaga, Ulu Muar) went to To' Lela Raja (Lembaga, Jempol) and requested him to summon the Dato' Jĕlĕbu according to ancient custom. Having given this message the Orang Kaya Bongsu proceeded to Sri Mĕnánti and remained in attendance upon the Dato' Ulu Muar. The To' Lela Raja (Lembaga, Jempol) instructed Si Alang Puteh of Jempol to summon the Dato' Jĕlĕbu. He with all his following, should have returned with the herald to Kampong Bukit, his recognised resting place, but proceeded instead via Seremban to Tĕráchi, where he joined the procession of the Sungei Ujong Chiefs.
To all other Raja, Waris Chiefs, Lembaga, Pĕnghúlu and Malays of good position throughout the States news of the approaching ceremony was duly sent.
I arrived at the Astana with Mr. Chevallier, the District Officer, Kuala Pilah, at about 10.30 a.m. on Thursday, the 5th of May, and found everything in a state of preparedness that spoke volumes for the trouble taken by the Yam Tuan and his household and by Mr. Chevallier. Mr. Bathurst, Mr. Parr and Mr. Hatchell arrived on Thursday evening. I selected these four gentlemen to look after the four Lawgivers and their people, and to see that their comfort was attended to. A great measure of the success of the whole pageant is due to the assistance they gave me : and the Yam Tuan expressly thanked them.
I was told that the Dato' Rĕmbau and the Dato' Johól had already taken up their quarters at Sri Mĕnánti with large folio wings. We wrote letters to the other three Dato', who were at Tĕráchi, advising them to stop the night there and come on next day.
It was decided to procure more rice from Seremban, as all the Kuala Pilah shops had been emptied, and we sent for more drapery for the reception-halls of the four Lawgivers, and for four and twenty large Malacca mats to cover the bamboo flooring of those halls.
It may be well to describe the Astana grounds, and the subjoined plans will assist the description :
An examination of the first plan will show that the dis- tance from one entrance gate (E) to the other (F) was about 300 yards. These entrances (pintu gerbang) were covered with thatch and on each side there was an earthen platform on which cannon were mounted. The road from one gate to the other was broad and was lined on both sides with bamboo poles with cross poles, say ten feet from the ground : along the whole length of the road a broad strip of yellow cloth was hung overhead and the entrance paths to the Astana (H) and royal balai (I) were similarly decorated. At the balai the royal yellow standard was flying from an orthodox flagstaff and the general mixture of yellow with the bright green of the grass and foliage was pleasing to the eye.
The second plan sufficiently explains itself.
Friday, the 6th of May, was, unfortunately, appallingly wet ; but the rain did not check the constant stream of people that flowed in from every part of the Kuala Pilah district.
About mid-day the Chiefs of Sungei Ujong and Jĕlĕbu arrived at Sri Mĕnánti and took up their abode in the houses set apart for them.
The processions of people attending upon the minor Chiefs paraded the Astana grounds, during the brief intervals of sunshine, and helped to make the scene imposing. The party that came with the Dato' Gúnong Pásir was strikingly picturesque : his procession was headed by some two hundred women who wore cloths of every conceivable colour, and immediately behind them came his personal attendants carry- ing spears decorated with the peacock feathers of Gúnong Pásir. The Dato' himself walked next, dressed in a suit of striped silk, the preponderating colour being yellow : behind him followed one hundred men, and two hundred children of all ages brought up the rear of the procession.
At various places, outside the Astana grounds, the usual forms of amusement that are concomitant with every Malay gathering of importance were provided : I was specially struck with the many skilful exhibitions of boxing ( silat ) , which never failed to draw large crowds and provoke much merri- ment.
On two afternoons football matches, Europeans and Malays against the Police, were played : on a third athletic sports were held and, though the afternoon was wet, were much enjoyed.
Most of the time on Friday was occupied on determining several nice points of procedure to be adopted in the ceremony of the morrow. The Sri Mĕnánti people were, of course, in favour of introducing many forms which the older men, who had witnessed a previous installation, deemed to be essential. The members of the Yam Tuan's family were anxious to use every form of expression which would proclaim the dominance of his position, and, had it not been for the extreme good sense of His Highness, it would probably have taken three or four days to arrange the procedure.
I had many consultations with the Dato' Bandar of Sungei Ujong, whose attitude throughout was firm but friendly, and I explained to the Yam Tuan that the Chiefs had made considerable concessions, that their patience ought not to be taxed in any way, and that the ceremony should be performed punctually and with as much expedition as possible. His Highness at once replied that his desire was to yield every point of minor importance. These discussions did not end till nearly midnight on Friday, but it was satisfactory to feel assured that every possible danger to the success of the very important event about to be celebrated had been removed.
On Saturday morning, crowds of people began to collect from every quarter : with the exception of an early shower, the weather was propitious. The placing of the royal umbrellas in front of the "balai penghadapan" (the royal hall in which the installation took place ) was the signal for an enormous concourse of people to collect at that spot.
At a quarter to eleven, a guard of honour of the Sikh Police was drawn up near the reception halls of the four Lawgivers : the first to arrive was the Dato' Rembau : I re- ceived him at the entrance to the " balai panjang " and, after the guard had presented arms to him, we placed his followers in his reception hall and Mr. Parr conducted the Dato' to the Astana to put his signature and chop to the agreement with the Yam Tuan. Almost immediately afterwards, the Dato' Klana and the Dato' Bandar of Sungei Ujong arrived : the guard presented arms to them at the entrance to the "balai melintang" and after their followers had entered the balai, Mr. Bat hurst conducted them to the Astana : meanwhile Dato' Baginda Tan Amas of Johól, followed by all the Datos and minor Chiefs of the Negri Sembilan (old), had arrived : the guard presented arms to the Dato' Baginda at the entrance to the "balai bertengkat " and, after his following had entered the balai Mr. Chevallier conducted him to the Astana : a long wait occurred before the arrival of the Dato' Jĕlĕbu : he was received by the guard at the entrance to the " balai belerong. When his followers had entered it, Mr. Hatchell conducted him to the Astana. The affixing of the signature and chops of the Lawgivers to seven copies of the agreement being completed, I signed and placed the State seal upon them and they were then taken upstairs to the Yam Tuan who added his signature and chop. The four Officers named above then conducted the Lawgivers to their reception halls where they awaited their summons to the installation hall : in the meantime the Tungku Prempuan had taken her seat upon the dais to the left of the throne (Singgasana) and several ladies of high degree had been accommodated with seats in the places set apart for them : the yellow cushion, gold boxes, and other insignia of royalty were brought in and placed on the dais : Tungku Múda Chik, Tungku Ngah of Tampin, Rajah Kadir of Lukut, my four officers and I next took our seats in the body of the hall, and everything being ready the heralds announced that the Yam Tuan was coming to the hall : His Highness was preceded by the " orang ampat Astana " and his " orang anam " earring the weapons of State : immediately behind him were the young Tungku Bĕsár ( his brother ) and the still younger Tungku Laksamana ( his brother-in-law), while a score or so of Rajas completed the procession.
On arrival at the hall, His Highness was received by a guard of honour : he entered the hall and took his seat upon the " Singgasana," the " orang ampat Astana " and the " orang anam " stood upon the right and left below the dais and the Tungku Bĕsár and Tungku Laksamana sat on the right and left of His Highness below the throne. The heralds sum- moned the Lawgivers and -the hereditary Chiefs, who were each conducted from their respective balai to the entrance to the hall by their Officers of State ; they entered the hall alone and took their seats in the following order : —
(1) The Dato' Klana } Sungei
(2) The Dato' Bandar} Ujong
(3) The Dato' Jĕlĕbu
(4) Dato' Baginda of Johól
(5) The Dato' Rĕmbau
(6) The Tungku Bĕsár of Tampin
(7) The Dato' Ulu Muar
(8) The Dato' Tĕráchi
(9) The Dato' Jempol
(10) The Dato' Gúnong Pásir
(11) The Dato' Inas
(12) The Dato' Gemencheh
(13) The Dato' Múda Linggi
The two heralds (Bentara Kanan and Bentara Kiri) took up their positions on the right and left of the Yam Tuan.
When all were in readiness the young Dato' Klana, rising, said, " Oh, Bentara, proclaim to everyone that we the four Lawgivers have assembled here to place the Yang di per Tuan Tungku Muhammad upon the throne of Negri Sembilan.'
The Bentara Kanan thereupon, standing on one leg, with the sol6 of his right foot resting on his left knee, holding his right ear open with his right hand and shading his eyes with his left hand, made proclamation as follows : —
" Oh, gentlemen all, illustrious and humble, great and small, old and young, by order of the four Lawgivers, Tungku Muhammad, the son of the late Yam Tuan Tungku Antah, is proclaimed as Yang di per Tuan of the Negri Sembilan."
The people signified their homage by shouting three times, " Dolat Tuanku."
I then addressed the Yam Tuan as follows : —
" I am very pleased that the Lawgivers and Lembaga and Officers and all the people from all parts of the Negri Sem- bilan have unanimously installed Your Highness as Yang di per Tuan and have re-established their ancient constitution, and that Your Highness has assented to their action. Now I will convey their wishes to the Resident-General."
The Bentara Kanan proceeded to call, by means of the following formula, upon each of the Lawgivers and on the Hereditary Chiefs of Tampin, Muar, Tĕráchi Jempol, and Gúnong Pásir, to make obeisance : —
" He Dato' Klana Petra, who rules over the territory of Sungei Ujong, titah memanggil ( His Highness summons you).
Each Chief in turn replied, " Dolat Tuanku : " and one by one they emerged from the enclosure ( ujong balai ) in which they were seated, and squatting on the ground each proceeded along the floor (hadapan mejelis ) making obeisance seven times until the dais was reached : there the Yam Tuan gave his right hand t'o the Chief, who, receiving it in both of his, reverently kissed it thrice and then retired, making obeisance five times as he receded.
Each Chief rose and resumed his seat, with the exception of the Dato' Jĕlĕbu, who left the hall after he had done homage.
The Dato' Inas, the Dato' Gemencheh and the Dato' Múda Linggi made their obeisance together and all the chief Lembaga and Waris of the various districts entered and did likewise.
The Lawgivers then left the hall and retired to their re- ception halls and their places were taken by all those who were of Raja blood : they numbered about twenty five: they were almost all dressed in yellow, several with black head- cloths, and, as they all moved up the hall, and, sitting below the dais, made obeisance three times in regular time, I was more impressed by the scene than by anything I have ever previously witnessed at any gathering of Malays. The Rajas were not commanded to come forward : it was an entirely voluntary act, but every one of them joined in it and it was a fine finishing touch to an imposing pageant.
Tungku Dris, Kathi of Tampin, the assistant Kathi of Kuala Pilah and some priests came in and offered up prayers for the Yam Tuan while the people stood with palms uplifted.
All being now over, the Yam Tuan rose and, after shaking hands with me, passed out of the hall and proceeded to the Astana, followed by all the Rajas.
The ceremony, which had lasted two and a half hours, ended at 3, p.m. and the crowd quickly melted away.
On Sunday, at noon, he gave a breakfast to the Undang and made an interesting speech in which he pointed out that > the constitution of the Negri Sembilan was now complete ; there were now —
THE YANG DI PER TUAN ;
THE FOUR UNDANG (from Sungei Ujong, Jĕlĕbu, Johól, and Rembau) ; and -
THE FOUR SERAMBI UNDANG (from Ulu Muar, Jempol. Tĕráchi and Gúnong Pásir who, in the absence of the Undang, would represent them and would always do so by attending to make obeisance annually at the festival of Hari Raya).
On Sunday afternoon the various Chiefs left Sri Mĕnánti to return to their homes, and early on Monday I went back to Seremban.
The above is a brief description of a ceremony that restored good feeling to a number of Chiefs who, for a generation, had been absurdly jealous of each other. Every person taking part in the ceremony recognised its importance and the calm and dignified reserve so characteristic of the well-born Malay was strikingly exemplified.
The concourse of people must have numbered from three to four thousand persons, and good humour reigned everywhere.
note
Folk-Lore and the Menangkabau Code in the Negri Sembilan.
By A. Hale, District Officer, Tampin - from “Records of Malay Magic” 1898 p.43~60
The Negri Sembilan, unlike the other Protected States of the Malay Peninsula, has not yet quite got away from the traditions which prevailed among-st the Aboriginal tribes ; these traditions were partly adopted and somewhat modified by the colonists from other States of the Peninsula and from Sumatra; who, as the Resident, the Hon. Martin Lister, has pointed out in a paper communicated to the Society in 1887, “fell in with the Aboriginal views, and observed their rights to all waste lands, and their power in each State” but at the same time “brought their tribal laws with them.”
It is well known that the primitive Malays of Sumatra practised exogamy, and — like all other exogametic races inter-tribal marriage was one of the most heavily punished offences.
When I went to the District of Kinta, Perak, in 1884, and was engaged in settling native Malay claims to mining lands, it puzzled me at first to understand the term “Waris Kinta,” which was often quoted by native mine owners, and when I was transferred to an appointment in the Negri Sembilan, I remember that the late Sir Frederick Weld told me that one of the chief reasons why he had selected me, was, because there were few men in the service who could distinguish between a Waris and a Lembaga. I am afraid I looked confused, and I know that as soon as I got back to my Hotel, I looked in my “Swettenham” and found that the word Lembaga meant somebody who had something to do in the affairs of the State. I had not lived long in Tampin, and mixed in Rembow and Gemencheh affairs before the distinction was made quite clear to me.
In 1890 Mr. Lister communicated a further paper to the Society, enlarging on the subject, shewing how the Sakais were merged in the Bidwandas, and how the constitution was established on Menangkabau lines.
My purpose in the present instance is to try and trace through the Folk-lore of the country, the why and wherefore of certain customs, which, always stronger than written laws, have made the country what it is, a very favurite resting place for Malays, because of the conservation of such customs ; in doing this, I shall endeavour to explain, as far as I am able, a few old fashioned savings, which are even now less quoted than they used to be a few years ago.
Tengku Sayid Abdollah bin Sayid Saban, the Assistant Magistrate of Tampin, has greatly assisted me in the work, by explaining what seemed to me obscure in some of the sayings ; the words and diction used being in many instances more or less obsolete, and also likely to bear a double meaning.
I have romanised each saying and made a very free translation ; in the latter, so far as I know how, giving what the native Malay understands to be meant; this seemed preferable to a more literal rendering as that would not so easily convey the meaning.
The sayings are more or less arranged in progressive sequence, as they seemed to suit the case as it occurred in the Negri Sembilan ; first inhabited by Sakais, then gradually colonized by Malays, who, as they increased, amalgamated their own customs with those of the Aborigines, and ultimately brought their Settlement to the dignity of a State, with a Raja chief, whose principal duty was to administer the Mohammadan laws, but with due regard to the Ancient Customs, many of which are very opposite to what is understood by the Law of the Prophet.
I have used the collective name Sakai here, as the Malays commonly do, to express all the different sections of the Aboriginal tribes, whether true Sakais, Jakuns, Mantras, Semangs or any others.
The State of Rembow is particularly interesting at the present time, being in a transitory stage as to customary laws. The people are of course professed Mohammadans, but they are at the same time ashamed to abandon the old fashioned customs of the “Ada Perpatih” The incongruity of this was pointed out to them by the late Sultan of Johor, when for a short time Rembow came under his influence, about eighteen years ago; from what I have heard he most likely laughed at their customs, and advised them that the only way for professed Mohammadans was to follow the “Adat Tomonggong,” in other words the law of the Prophet. Since that time Rembow customs have greatly changed, and in such matters as debt quarrels, a man may act for his wife instead of her own relations, the law inheritance also follows the code of Islam, so that a man’s children may inherit his property instead of his wife’s relations.
In spite, however, of these decided advances made by the clever Rembow people they are still behind in some of matters; for instance, the law of marriage is still the law exogamy as in force amongst savages; as the people say it is not lawful to marry within one pĕrut, or sa waris. that is within the limits of a well defined group of families whose common descent is more or less clear from one ancestress who was probably an immigrant from Sumatra several hundred 3 years ago; this is very different from the Mohamadan law on the subject, where the table of affinity is even less comprehensive that it is under Christian rule.
Another Rembow custom, which I expect is almost peculiar to it as a Mohammadan country, is, that a man may not have more than one wife at the same time, except by special authority of the Penghulu ; I cannot find out when this custom arose, nor can I find any special saying connected with it; the people can only remember that it always prevailed in Rembow, in accordance with a vow made by a tribal chief in Menangkabau before he and his people migrated to Rembow. At any rate the idea has taken such strong hold of the people, that although when the late Sultan of Johor came to Rembow, as before stated, he ridiculed the custom as opposed to the teaching of Islamism, the people still hold by what has been handed down to them by their ancestors, and I understand that even to-day there are only three men in Rembow with more than one wife.
-1- [Jawi script (Malay written in Arabic-script)]
Ayer sa’gantang- sa’lobok,
Sa’dangkang yang ber-bunyi’
Siamang ber-jawat-jawat,
Tompat ungka ber-dayu-dayu;
Batin yang ampunya-nya.
From every pool a gallon of water,
The frogs that croak ;
The gibbons that travel from hill to hill
And the places of their noisy councils,
All these belong to the Sakai chief.
-:-
The Sakai who first enunciated the theory contained in this description of his rights must have been far advanced in the imaginative power so well displayed in the story of Sri Rama, told by Mir Hasan and published by Mr. Maxwell in the Journal of the Society : or perhaps it was a Malay who made it up with the intention of putting on record that after all the Sakaies could only claim a little water in the recesses of the jungle where unclean beasts dwell.
The Sakais of today seem to wish for very little else, and all efforts to civilize them are unsuccessful ; they are the least harmful of all savage races and are bound to retire before civilization, even if only the civilization of Malays, luckily there is still plenty of room for them in the forests of the Peninsula.
-2- [Jawi script]
Sal-silah ka-hutan,
Tromba ka-loak.
The Genealogies belong to the Sakais
But the written account of them, to the Malays.
-:-
This is a very curious expression, Sal-silah is distinctly Arabic, and one is forced to imagine that Malays taught by Arab traders in the olden times invented the saying by way of flattering the Sakais.
The tradition is that the “Undang yang ampat” i.e. the four principal Lawgivers or Penghulus of the Negri Sembilan, are descendants of a Malay chief who settled on the Moar river and married one or more Sakai princesses, and by that means came into the possession of a good slice of the Peninsula, including the present Negri Sembilan, Sungei Ujong, Klang, parts of Pahang, Nanning, Moar, and Jelebu. The Penghulus of Johol and Ulu Moar are the only two left of the “Undang yang ampat” whose jurisdiction still to some extent follows the ancient customs ; when new Penghulus of Johol and Ulu Moar are appointed, the Batins or Sakai chiefs have a strong voice in the matter, as they are supposed to be the people who know most about the legitimate descent; reciprocally the Penghulus confirm newly appointed Batins.
-3- [Jawi script]
Gaung guntong, bukit bakau,
Waris dan Penghulu yang ampunya-nya.
The stream heads and narrow valleys,
The hills and the surrounding plains
Are the property of the chief and people of the Waris tribe, (i.e. Bidwanda).
-:-
The claim here set forth by the first settlers in the original Sakai country embraces the whole country side, to the effectual exclusion of the Sakais, who themselves tacitly acquiesce in it, by gradually retiring to the more remote jungle-covered hills without any protest.
The Waris tribe were the first-comers, followers of a chief, who followed their chiefs example and intermarried with the Sakai race ; therefore as the land belonged originally to their Sakai wives, the custom is still in force in the Negri Sembilan, that all ancestral land shall be held by the women.
The census taken in 1891 shewed that the Malay population in Rembau was much more dense than in any other of the protected Native States, and that it was the only State in which the native women outnumbered the native men ; in Rembau not one per cent of the native customary holdings are registered as the property of men. I believe the same thing obtains in Nanning of Malacca, where the customs are very similar.
The Johol chief, Dato Johol Johan Pahlawan Lela Perkasa Setia Wan, is to this day, although a man, to some degree looked upon as a woman, and in consequence except to pay homage to his suzerain he is not supposed to leave his house for any purpose of administering justice or attending ceremonies. Of the Undang yang ampat who first administered the Negri Sembilan; one of them, the youngest, was a woman, who settled in Johol. As a further mark of his feminine attributes he always wears his hair long.
Although the Sakais have given up the land to the Malays, they still, as shown under No. 2, retain the right — or the semblance of it—of appointing the Undang or Penghulu; them¬ selves being in turn confirmed by the Penghulu when appointed as Batins by their people.
-4- [Jawi script]
Taki Kayu Batin Jenang’
Putus tebus kapada Undang
Jengka ber-elak
Lantak per-tukul
Amas ber-tahil.
The trees are blazed by the Batin and the Senang.
But the price is paid to the Penghulu.
The land is measured,.
The boundary posts are planted,
The gold is weighed out.
-:-
It is to be understood that the Batin is the purely Sakai chief, the Undang or Penghulu the purely Malay chief, the Jenang is the Penghulu’s officer, appointed by him as his Departmental chief for Sakai affairs; it is his duty to kra the Sakais for any important matter, lo act as intermediary and conduct all negocia- tions between the two races. This saying describes the system of the alienation of the land from the Sakais to the Malays of the Waris or Bidwanda tribe ; and the subsequent selling of blocks by the Waris to the different tribes. The saying by itself does not very clearly express all that, but in practice it soon becomes evident; the first two lines describing how the land was acquired by the first Malay settlers from the Sakais,— with whom they were very closely connected by marriages between Mohammadan Malay men and Sakai women — I do not suppose the reverse ever occurred, or if it did it was very rare; it has now become merely a legend, as the Malays of the Waris tribe now claim the right to all waste lands, which claim the Sakais tacitly admit. It seems very evident, why, although the land was sold by the Sakais to the Malays, the Malay chief received payment; he was of high descent on the mother’s side and the Sakeies therefore trusted him to look after their interests in the alienation of the lands ; although he actually received payment, it was as much for the benefit of the Sakais as of himself.
In the same way, the three lines following describe how in most of the States the different tribes have their allotted portions of the waste lands, within which they should as much as possible arrange holdings for their respective tribes-women ; but this has also been a good deal ignored and the tribes’ hold¬ ings have got mixed up: what has, however, survived of all this is the custom, of the Lembagas of both tribes being present when land is transferred from one tribe or section of a tribe to another, and this custom, which is rigorously insisted upon under the present rule, has proved most useful; no registration of any land dealings being effected unless the custom has been satisfactorily fulfilled and attested by the respective tribal chiefs.
-5- [Jawi script]
Sa halei akar putus
Sa bingkah tanah ter-balik
Sa batang kayu rebah
Sahya yang ampunya-nya.
A trail of liana was broken,
A sod was turned over,
A tree was cut down.
It was I who made the clearing.
-:-
The speaker, who in support of his claim recites this “perbilongan,” or saying, seeks to prove that he was the first to open a certain district ; he would probably be a man with some followers, who, for a reason had migrated from the settled lands to find a fresh place and cut out for himself a new clearing in the primeval forest.
The land is God’s, the Raja administers it for the benefit of the community; the man who squats on it has only the right to his usufruct, and if he does not make it produce he has no good claim to hold it. In a disputed claim, it is evident that he who can prove himself to be the first who brought the land into cul¬ tivation has the best title to it; therefore if he can prove that he felled the first tree of the clearing, cut the first rattan or creeper to tie a fence, and turned the first sod to plant it, his contention is a strong one.
-6- [Jawi script]
Pinang nen gaya
Nior yang saka
Jirat yang panjang
Ninek moyang sahya yang
ter-muka’an (punya buka’an).
The areca and coconut palms are so tall that they are
blown about by the winds ;
The line of graves is lengthened out;
It was my fore-fathers who planted them all.
-:-
This saying is also recited in claiming land in dispute; but in a different sense to that of the last, which is urged in support of a claim to a district, as having been the first settler. In this case the claimant seeks to prove that the holding is ancestral property and bases his claim upon work done and evidence left by his progenitors.
In land disputes I have always found it most useful to prove who planted cocoanut trees, and who were actually buried in the grave-yard which is found at the back of nearly all old holdings.
-7- [Jawi script]
Sa lilit Pulan Pricha (Percha.)
Sa limbong tanah Malayu,
Ber-raja ka-Johor;
Ber-tali ka-Siak ;
Ber-tuan ka-Menangkabau.
The Malays of all countries acknowledge
the Yam Tuan of Parga Ruyong in Menangkabau as their suzerain,
but that they have a Raja in Johor
and that they are dependent on Siak.
-:-
Although the saying infers that all Malays acknowledge the above, it no doubt originated from the Negri Sembilan and refers to that State alone. The “ Undang yang ampat” or four Penghulus of the original Negri Sembilan, finding that they required a Sultan to adminster the Government, expecially the religious law ; first sent to Johor, from whence they were passed on to Menangkabau by the way of Siak. The story of the adventures and ultimate success of the embassy has already been told by other writers both Malay and European.
-8- [Jawi script]
Hulu ayer merinching. Kwala ombak memecha ;
Raja dan Penghulu yang ampunya-nya.
Sawah yang berjenjang, pinang yang ber-jijik,
Lembaga yang ampunya-nya.
From the source where the waters trickle down, to the mouth where the waves break,
The Raja and Penghulu shall govern the land.
But where the padi fields are laid out, and the areca nut palms are planted in rows,
The Lembaga shall rule his tribe.
-:-
The Bidwanda tribe, who glory in their descent from the Sakaies, provide the Penghulu, they are the tribes of the soil, and from them other immigrant tribes may purchase the right to use the land for their sustenance.
In the Negri Sembilan it was the Bidwanda Penghulu and this mixed Malay and Sakai people, who, being converted to Islamism, required a Sultan as the Mohammadan law-giver and sent an Embassy to Menangkabau to procure one. Then the Sultan and the Penghulu together governed the country, the Sultan doing his best to carry out the law of the Prophet — Hukum Sharak — and the Penghulus, whilst acknowledging that law and bowing to it, maintaining the Aboriginal cult by the encouragement of Fetishism, through the Pawangs, and the customs of the tribes — Hukum Adat — who had come to their state, by allowing the Lembagas to act as petty magistrates, and give decisions in accordance ; which more often than not, especially on such questions as marriage inheritance, and the settlement of debt disputes, are not at all on the same level as the Mohammadan law.
-9- [Jawi script]
Alam ber-Raja, negri ber-Penghulu,
Suku ber-Tua, Anak-buah ber-Ibu-bapa,
Orang sa-manda ber-torapat sa-manda,
Dagang ber-tapatan, prahu ber-tambatan.
States have their Rajas, and Provinces, their Penghulus,
Each tribe, its Lembaga, And each family, its elder.
Every married man has his wife’s relations to assist him to his rights,
And strangers go to the chief whose duty it is to attend their affairs;
As also theirs is a place to tie up their prahus.
-:-
Thus is defined, in reverse order, the right of Appeal and the Immigration Department.
A well ordered State under the Menangkabau code — Adat Perpateh — should be provided with a properly defined wharf, where there are berths for vessels of different nations. There should be a proper Minister to look after foreigners; he may be called Dato’ Dagang, or there may be four office holders, called Dato’ Dagang yang ber-ampat abbreviated to ‘To Ampat.
The Court of first instance for a married man is the family of his wife; he having left his own home and gone to live with his wife, whose mother he accepts in the place of his own ; in other words, he is of one mother (Sa-manda) with his wife after he has married. If a man does not obtain satisfaction from his wife’s relations, he as, well as all other unmarried people and married women, take their complaints to the elder of their own particular section (perut) of their own tribe, to the Ibu-bapa (literally mother-father) corrupted to Bwapa; from thence the appeal is to the Lembaga (called Tua or old man ) of the whole tribe or Suku ; the next court is that of the Penghulu or Und- ang ; and the last appeal is to the Raja of the State, called in accordance with old custom Yang-di-per-Tuan, which title has been shortened to Yam-Tuan.
-10- [Jawi script]
Lembaga ber-sekat,
Undang ber-ka-lantasan.
The Lembagas jurisdiction is confined to his tribe, (tingkongan.)
But the Undang may carry the case on, i.e. to the Raja or last appeal; or he may hear it in conjunction with the other Penghulus of the State first.
-:-
Thus is defined their respective jurisdiction.
A most important detail in the old administration of the Negri Sembilan, and probably of all Malay States, was the higher consideration shewn to the Waris tribe or Bidwandas, than to the other tribes or Sukus; I found evidence of this in Perak ten years ago, “Waris Kinta” and “Waris Bukit Gantang” meant much amongst the natives, although little was left of the Waris supremacy in the administration of the State.
The incidence of the Penal laws weighed much heavier on the tribes or sukus than on the heirs of the soil; and although, as has occurred in some instances, important and energetic persons from other tribes and even Arabs, have succeeded in obtaining Peughuluships, as a heritage for their tribes ; it has, I think, invariably been the custom that they should marry a Bidwanda woman.
-11- [Jawi script]
Chari, bagi
Dapatan, tingal ;
Bawa Kembalik.
Joint earnings shall be divided.
The wife’s (ancestral) property shall restored to her tribe.
And the husband’s taken back to his.
-:-
This is custom which governs the division of the property of married people when a divorce occurs, or at the death of either party. It is the whole law of Malay entail and marriage settlements in a nut-shell.
When a marriage is arranged, it is the duty of the elders of the two tribes to see that the real and personal estate of both sides to the contract, is carefully enumerated before witnesses; then at the dissolution of the marriage, the elders should arrange that the joint earnings during the married life of the parties are equally divided ; that the wife's representatives get back what she brought into the contract and the husband his share, It may be imagined that as no written record is kept, the account becomes somewhat confused and quarrels ensue.
-12- [Jawi script]
Kusut menylisikan,
Utong membiar, pintong menerimakan,
Oleh tompat samanda.
To arrange all quarrels,
Pay all debts and receive what is due.
Is the business of the wife’s relations.
-:-
The married man, as shewn in this and the next saying, would seem to be rather at a disadvantage ; he is merely a man married into the family all his quarrels and debts have to be settled by his wife’s relatives, and all debts due to him are collected by them. This seems after all pretty fair under the Menangkabau code, which, in exchange for the actual labour done in the rice fields by the women, exalts them to the position of actual owners of the usufruct of their holdings under the Raja as paramount lord.
-13- [Jawi script]
Orang sa manda ber-tompat sa-manda:
Iika cherdek teman be-eunding.
Iika bodok di suroh dia arah ;
Tinggi baneh tompat ber-lindong,
Rimbun down tompat ber-na’ung.
The married man shall be subservient to his mother-in-law :
If he is clever, I will try to cajole him,
If he is stupid, I will see that he works;
Like the buttresses of a big tree he shall shelter me.
Like the thick foliage he shall shade me.
-:-
One can imagine the satisfaction a Malay mother derives from thinking over this saying, and reciting it to her cronies and her daughter when she has made up her mind to receive a son-in-law into her family ; be he sharp or slow, clever or stupid, either way he cannot be a loser. Her daughter’s house will be built behind her own; if the man is clever he will get enough money to build the house by easy means; if he if stupid she will so bully him that the poor man will be glad to labour with his hands at her bidding ; it would seem to the anxious mother that she and her daughter cannot but be gainers by the contract ; perhaps they forget for the time that there is another side to the question, namely that they may have to pay his gambling debts.
-14- [Jawi script]
Darah Sa-titik, daging sa-rachik, Ber-tali Kapada bapa.
For a drop of blood, and morsel of flesh, one is still indebted to one’s father.
-:-
This is equal to saying, that, although the women are the most important members of the community as holders of the entailed property, one is still indebted to one’s father for mere existence ; the axiom is a little plea for the mere man, after all the tendency that has been shewn by the Adat Perpateh to glorify the woman by making- her the nominal owner of the soil. It is not nowever surprising that the woman should have a large share of importance in the tribe, as everybody who has read or heard related the old tradition of “Dato’ Per-pateh pinang sa-batang” will understand. Perhaps after all it was not the heroism displayed by a particular woman under trying circumstances, that decided the ancient chief to fix the land of entail in the female him of descent; so much as it was the difficulty in determining in lawless times the paternity of any given child, the maternity would be easier to decide.
-15- [Jawi script]
Hilang darah, ganti darah.
Blood for blood.
-:-
This on the face of. it, is evidently the old Mosaic law —“ An eye for an eye, a tooth for a tooth”; but primitive Malays were not so wasteful of blood and life as to exact capital punishment except in very flagrant cases.
The expression is explained by numbers 16 and 17 following.
-16- [Jawi script]
Chinchang pempas, bunoh balas.
For a wound the price of it in blood; for a murder a life.
-:-
The blood to be spilt in compensation for a wound inflicted, might be that of a fowl, a goat or a buffalo, according to the more or less serious nature of it; also according to the means of the culprit and the power of the offended party to exact payment; in any case the animal or some part of it would go to provide a feast of reconciliation.
The life to be paid for a murder rarely meant amongst Malays that the murderer was necessarily executed; it was more often the adoption by the family of the murdered person of a member of the murderer’s family, or it was a slave passed over by them in compensation for the loss incurred. As I have already pointed out the compensation to the Waris or Bidwanda tribe was heavier than that paid for the death of a member of what may be termed a tribe of immigrants. When I first came to Rembou some very old debts were sued for in my Court, in the hopes that the white man would be strong enough to exact payment where the native chief had failed ; on investigation some of these proved to be judgements inflicted for assaults and even murder or man slaughter.
In Rembau for the death of a Bidwanda, or Waris the life penalty was exacted: but for the death of a tribesman the penalty was a buffalo, 50 gantongs of rice and “wang dua bhara’’(i.e. $28-40): the money to be divided amongst the relatives of the murdered man, and the buffalo and rice to provide a feast to reconcile the tribes of the murderer and his victim.
-17- [Jawi script]
Anak di-panggil makan, Anak-buah di sorong-kan balas.
The son is called to the feast, But the nephew pays the debt.
-:-
This explains more fully how the debt of a life for a life is paid.
The Menangkabau code as understood here provides for succession first in the tribe and next in the family ; it would seem absurd to a primitive people ;— Amongst whom sexual relations were not properly governed by even the laxly carried out Mohamadan laws of marriage and divorce,— that property, which amongst all savage races is more valuable than life, should descend from father to son, when no man could with certainty claim an individual as his offspring; it was, evident that the landed property should be held by the women who, being proud of the ownerships, would not hesitate to expend labour on it: it therefore comes about that when a man of one tribe marries a woman of another, he becomes a sort of lodger in his wife’s house, her family and her tribe ; the children that his wife may bear to him are not so much his children as the children of his wife’s tribe ; they way inherit, as explained under No. 11, whatever he and his wife earned together during their married life ; but his wife’s tribe have too strong a claim on them, to allow them to be taken from the tribe in pay¬ ment for a crime committed by their father, who is an outsider ; if he murders a man he must find a relation of his own blood and tribe to pay the debt ; and as when he dies his nephew will inherit his personal estate and any office or title which he may hold in the tribe, it seemed proper that his nephew should pay his blood debt.
-18- [Jawi script]
Tali pengikat deripada lembaga,
Kris penyalang deripada undang,
Pedang permanchong deripada ka’adilan.
The Lembaga shall bind the culprit,
The Penghulu shall kris him,
The Sultan only may behead him.
-:-
It is the duty of the tribal chief — after he has done every thing he can to protect his tribesman from the consequences of his guilt,— to bring him before the tribunal, and if the death sentence is passed, to bind him ; although in Sarawak and other Malay countries I understand that when a man is krissed he is not bound. The Undang is a less powerful person than the Sultan, therefore if he passes a death sentence the execution is carried out with the kris most carefully in order that not a drop of blood may be spilt on the ground, which would be against the popular traditions. The Sultan on the other hand is not subject to these niceties and therefore is empowered to behead with the sword.
note
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