The compensation is so regularly established among the Sumatrans that any other satisfaction is seldom demanded. In the first heat of resentment retaliation is sometimes attempted, but the spirit soon evaporates, and application is usually made, upon the immediate discovery of the fact, to the chiefs of the country for the exertion of their influence to oblige the criminal to pay the bangun. His death is then not thought of unless he is unable, and his family unwilling, to raise the established sum.
Instances, it is true, occur in which the prosecutor, knowing the European law in such case, will, from motives of revenge, urge to the Resident the propriety of executing the offender rather than receive the money; but if the latter is ready to pay it it is contrary to their laws to proceed further. The degree of satisfaction that attends the payment of the bangun is generally considered as absolute to the parties concerned; they receive it as full compensation, and pretend to no farther claim upon the murderer and his family. Slight provocations however have been sometimes known to renew the feud, and there are not wanting instances of a son"s revenging his father"s murder and willingly refunding the bangun. When in an affray there happen to be several persons killed on both sides, the business of justice is only to state the reciprocal losses, in the form of an account current, and order the balance to be discharged, if the numbers be unequal. The following is a relation of the circ.u.mstances of one of these b.l.o.o.d.y feuds, which happened whilst I was in the island, but which become every year more rare where the influence of our government extends.
ACCOUNT OF A FEUD.
Raddin Siban was the head of a tribe in the district of Manna, of which Pangeran Raja-Kalippah was the official chief; though by the customs of the country he had no right of sovereignty over him. The pangeran"s not allowing him what he thought an adequate share of fines, and other advantages annexed to his rank, was the foundation of a jealousy and ill will between them, which an event that happened a few years since raised to the highest pitch of family feud. Lessut, a younger brother of the pangeran, had a wife who was very handsome, and whom Raddin Siban had endeavoured to procure, whilst a virgin, for HIS younger brother, who was in love with her: but the pangeran had contrived to circ.u.mvent him, and obtained the girl for Lessut. However it seems the lady herself had conceived a violent liking for the brother of Raddin Siban, who found means to enjoy her after she was married, or was violently suspected so to have done. The consequence was that Lessut killed him to revenge the dishonour of his bed. Upon this the families were presently up in arms, but the English Resident interfering preserved the peace of the country, and settled the affair agreeably to the customs of the place by bangun and fine. But this did not prove sufficient to extinguish the fury which raged in the hearts of Raddin Siban"s family, whose relation was murdered. It only served to delay the revenge until a proper opportunity offered of gratifying it. The people of the country being called together on a particular occasion, the two inimical families were a.s.sembled, at the same time, in Manna bazaar. Two younger brothers (they had been five in all) of Raddin Siban, going to the c.o.c.kpit, saw Raja Muda the next brother of the pangeran, and Lessut his younger brother, in the open part of a house which they pa.s.sed. They quickly returned, drew their krises, and attacked the pangeran"s brothers, calling to them, if they were men, to defend themselves. The challenge was instantly accepted, Lessut, the unfortunate husband, fell; but the aggressors were both killed by Raja Muda, who was himself much wounded. The affair was almost over before the scuffle was perceived. The bodies were lying on the ground, and Raja Muda was supporting himself against a tree which stood near the spot, when Raddin Siban, who was in a house on the opposite side of the bazaar at the time the affray happened, being made acquainted with the circ.u.mstances, came over the way, with his lance in his hand. He pa.s.sed on the contrary side of the tree, and did not see Raja Muda, but began to stab with his weapon the dead body of Lessut, in excess of rage, on seeing the b.l.o.o.d.y remains of his two brothers. Just then, Raja Muda, who was half dead, but had his kris in his hand, still unseen by Raddin Siban, crawled a step or two and thrust the weapon into his side, saying "Matti kau"--"die thou!" Raddin Siban spoke not a word, but put his hand on the wound and walked across to the house from whence he came, at the door of which he dropped down and expired. Such was the catastrophe. Raja Muda survived his wounds, but being much deformed by them lives a melancholy example of the effects of these barbarous feuds.
PROOF OF THEFT.
In cases of theft the swearing a robbery against a person suspected is of no effect, and justly, for were it otherwise nothing would be more common than the prosecution of innocent persons. The proper proofs are either seizure of the person in the fact before witnesses, or discovery of the goods stolen in possession of one who can give no satisfactory account how he came by them. As it frequently happens that a man finds part only of what he had lost it remains with him, when the robbery is proved, to ascertain the whole amount, by oath, which in that point is held sufficient.
LAW RESPECTING DEBTS.
The law which renders all the members of a family reciprocally bound for the security of each others" debts forms a strong connexion among them, and occasions the elder branches to be particularly watchful of the conduct of those for whose imprudence they must be answerable.
When a debtor is unable to pay what he owes, and has no relation or friends capable of doing it for him, or when the children of a deceased person do not find property enough to discharge the debts of their parent, they are forced to the state which is called mengiring, which simply means to follow or be dependent on, but here implies the becoming a species of bond-slaves to the creditor, who allows them subsistence and clothing but does not appropriate the produce of their labour to the diminution of their debt. Their condition is better than that of pure slavery in this, that the creditor cannot strike them, and they can change their masters by prevailing on another person to pay their debt and accept of their labour on the same terms. Of course they may obtain their liberty if they can by any means procure a sum equal to their debt; whereas a slave, though possessing ever so large property, has not the right of purchasing his liberty. If however the creditor shall demand formally the amount of his debt from a person mengiring, at three several times, allowing a certain number of days between each demand, and the latter is not able to persuade anyone to redeem him, he becomes, by the custom of the country, a pure slave, upon the creditor"s giving notice to the chief of the transaction. This is the resource he has against the laziness or untoward behaviour of his debtor, who might otherwise, in the state of mengiring, be only a burden to him. If the children of a deceased debtor are too young to be of service the charge of their maintenance is added to the debt. This opens a door for many iniquitous practices, and it is in the rigorous and frequently perverted exertion of these rights which a creditor has over his debtor that the chiefs are enabled to oppress the lower cla.s.s of people, and from which abuses the English Residents find it necessary to be the most watchful to restrain them. In some cases one half of the produce of the labour is applied to the reduction of the debt, and this situation of the insolvent debtor is termed be-blah. Meranggau is the condition of a married woman who remains as a pledge for a debt in the house of the creditor of her husband. If any attempt should be made upon her person the proof of it annuls the debt; but should she bring an accusation of that nature, and be unable to prove it to the satisfaction of the court, and the man takes an oath in support of his innocence, the debt must be immediately paid by the family, or the woman be disposed of as a slave.
When a man of one district or country has a debt owing to him from the inhabitant of a neighbouring country, of which he cannot recover payment, an usual resource is to seize on one or more of his children and carry them off; which they call andak. The daughter of a Rejang dupati was carried off in this manner by the Labun people. Not hearing for some time from her father, she sent him cuttings of her hair and nails, by which she intimated a resolution of destroying herself if not soon released.
SLAVERY.
The right of slavery is established in Sumatra, as it is throughout the East, and has been all over the world; yet but few instances occur of the country people actually having slaves; though they are common enough in the Malayan, or sea-port towns. Their domestics and labourers are either dependant relations, or the orang mengiring above described, who are usually called debtors, but should be distinguished by the term of insolvent debtors. The simple manners of the people require that their servants should live, in a great measure, on a footing of equality with the rest of the family, which is inconsistent with the authority necessary to be maintained over slaves who have no principle to restrain them but that of personal fear,* and know that their civil condition cannot be altered for the worse.
(*Footnote. I do not mean to a.s.sert that all men in the condition of slaves are devoid of principle: I have experienced the contrary, and found in them affection and strict honesty: but that there does not result from their situation as slaves any principle of moral rect.i.tude; whereas every other condition of society has annexed to it ideas of duty and mutual obligation arising from a sense of general utility. That sublime species of morality derived from the injunctions of religion it is almost universally their fate to be likewise strangers to, because slavery is found inconsistent with the spirit of the gospel, not merely as inculcating philanthropy but inspiring a principle of equality amongst mankind.)
There is this advantage also, that when a debtor absconds they have recourse to his relations for the amount of his debt, who, if unable to pay it, must mengiring in his room; whereas when a slave makes his escape the law can give no redress, and his value is lost to the owner. These people moreover are from habit backward to strike, and the state of slavery unhappily requires the frequent infliction of punishment in that mode. A slave cannot possess independently any property; yet it rarely happens that a master is found mean and sordid enough to despoil them of the fruits of their industry; and their liberty is generally granted them when in a condition to purchase it, though they cannot demand it of right. It is nothing uncommon for those belonging to the Europeans to possess slaves of their own, and to acquire considerable substance. Their condition is here for the most part less unhappy than that of persons in other situations of life. I am far from wishing to diminish the horror that should ever accompany the general idea of a state which, whilst it degrades the species, I am convinced is not necessary among mankind; but I cannot help remarking, as an extraordinary fact, that if there is one cla.s.s of people eminently happy above all others upon earth it is the body of Caffres, or negro slaves belonging to the India Company at Bencoolen. They are well clothed and fed, and supplied with a proper allowance of liquor; their work is by no means severe; the persons appointed as their immediate overseers are chosen for their merit from amongst themselves; they have no occasion of care or anxiety for the past or future, and are naturally of a lively and open temper. The contemplation of the effects which such advantages produce must afford the highest gratification to a benevolent mind. They are usually seen laughing or singing whilst at work, and the intervals allowed them are mostly employed in dancing to their rude instrumental music, which frequently begins at sunset and ceases only with the daylight that recalls them to their labour. Since they were first carried thither, from different parts of Africa and Madagascar, to the present hour, not so much as the rumour of disturbance or discontent has ever been known to proceed from them. They hold the natives of the island in contempt, have a degree of antipathy towards them, and enjoy any mischief they can do them; and these in their turn regard the Caffres as devils half humanized.
The practice said to prevail elsewhere of men selling themselves for slaves is repugnant to the customs of the Sumatrans, as it seems to reason. It is an absurdity to barter anything valuable, much more civil existence, for a sum which, by the very act of receiving, becomes again the property of the buyer. Yet if a man runs in debt without a prospect of paying, he does virtually the same thing, and this in cases of distress is not uncommon, in order to relieve, perhaps, a beloved wife, or favourite child, from similar bondage. A man has even been known to apply in confidence to a friend to sell him to a third person, concealing from the purchaser the nature of the transaction till the money was appropriated.
Ignorant stragglers are often picked up in the country by lawless knaves in power and sold beyond the hills. These have sometimes procured their liberty again, and prosecuting their kidnappers have recovered large damages. In the district of Allas a custom prevails by which, if a man has been sold to the hill people, however unfairly, he is restricted on his return from a.s.sociating with his countrymen as their equal unless he brings with him a sum of money and pays a fine for his re-enfranchis.e.m.e.nt to his kalippah or chief. This regulation has taken its rise from an idea of contamination among the people, and from art and avarice among the chiefs.
CHAPTER 14.
MODES OF MARRIAGE, AND CUSTOMS RELATIVE THERETO.
POLYGAMY.
FESTIVALS.
GAMES.
c.o.c.k-FIGHTING.
USE AND EFFECTS OF OPIUM.
MOTIVES FOR ALTERING SOME OF THEIR MARRIAGE CUSTOMS.
By much the greater number of the legal disputes among these people have their source in the intricacy attending their marriage contracts. In most uncivilized countries these matters are very simple, the dictates of nature being obeyed, or the calls of appet.i.te satisfied, with little ceremony or form of convention; but with the Sumatrans the difficulties, both precedent and subsequent, are increased to a degree unknown even in the most refined states. To remedy these inconveniences, which might be supposed to deter men from engaging in marriage, was the view of the Resident of Laye, before mentioned, who prevailed upon them to simplify their engagements, as the means of preventing litigation between families, and of increasing the population of the country. How far his liberal views will be answered by having thus influenced the people to change their customs, whether they will not soon relapse into the ancient track; and whether in fact the cause that he supposed did actually contribute to r.e.t.a.r.d population, I shall not pretend to determine; but as the last is a point on which a difference of opinion prevails I shall take the liberty of quoting here the sentiments of another servant of the Company (the late Mr. John Crisp) who possessed an understanding highly enlightened.
REASONS AGAINST THIS ALTERATION.
This part of the island is in a low state of population, but it is an error to ascribe this to the mode of obtaining wives by purchase. The circ.u.mstance of children const.i.tuting part of the property of the parents proves a most powerful incentive to matrimony, and there is not perhaps any country on the face of the earth where marriage is more general than here, instances of persons of either s.e.x pa.s.sing their lives in a state of celibacy being extremely rare. The necessity of purchasing does not prove such an obstacle to matrimony as is supposed. Was it indeed true that every man was obliged to remain single till he had acc.u.mulated, from the produce of his pepper-garden, a sum adequate to the purchase of a wife, married pairs would truly be scarce. But the people have other resources; there are few families who are not in possession of some small substance; they breed goats and buffaloes, and in general keep in reserve some small sum for particular purposes. The purchase-money of the daughter serves also to provide wives for the sons. Certain it is that the fathers are rarely at a loss for money to procure them wives so soon as they become marriageable. In the districts under my charge are about eight thousand inhabitants, among whom I do not conceive it would be possible to find ten instances of men of the age of thirty years unmarried. We must then seek for other causes of the paucity of inhabitants, and indeed they are sufficiently obvious; among these we may reckon that the women are by nature unprolific, and cease gestation at an early age; that, almost totally unskilled in the medical art, numbers fall victims to the endemic diseases of a climate nearly as fatal to its indigenous inhabitants as to the strangers who settle among them: to which we may add that the indolence and inactivity of the natives tend to relax and enervate the bodily frame, and to abridge the natural period of their lives.
MODES OF MARRIAGE.
The modes of marriage, according to the original inst.i.tutions of these people, are by jujur, by ambel anak, or by semando. The jujur is a certain sum of money given by one man to another as a consideration for the person of his daughter, whose situation, in this case, differs not much from that of a slave to the man she marries, and to his family. His absolute property in her depends however upon some nice circ.u.mstances.
Beside the batang jujur (or main sum) there are certain appendages or branches, one of which, the tali kulo, of five dollars, is usually, from motives of delicacy or friendship, left unpaid, and so long as that is the case a relationship is understood to subsist between the two families, and the parents of the woman have a right to interfere on occasions of ill treatment: the husband is also liable to be fined for wounding her, with other limitations of absolute right. When that sum is finally paid, which seldom happens but in cases of violent quarrel, the tali kulo (tie of relationship) is said to be putus (broken), and the woman becomes to all intents the slave of her lord.*
(*Footnote. I cannot omit to remark here that, however apposite the word tali, which in Malayan signifies a cord, may be to the subject of the marriage tie, there is very strong evidence of the term, as applied to this ceremony, having been adopted from the customs of the Hindu inhabitants of the peninsula of India, in whose language it has a different meaning. Among others who have described their rites is M.
Sonnerat. In speaking of the mode of marriage called pariam, which, like the jujur, n"est autre chose qu"un achat que le mari fait de sa femme, he says, le mari doit aussi fournir le tali, pet.i.t joyau d"or, qu"il attache avec un cordon au col de la fille; c"est la derniere ceremonie; elle donne la sanction au marriage, qui ne peut plus etre rompu des que le tali est attache. Voyage aux Indes etc. tome 1 page 70. The reader will also find the Sumatran mode of marriage by ambel anak, or adoption, exactly described at page 72. An engraving of the tali is given by P.
Paolino, Systema Brahmanic.u.m tab. 22. This resemblance is not confined to the rites of marriage, for it is remarked by Sir W. Jones that, "among the laws of the Sumatrans two positive rules concerning sureties and interest appear to be taken word for word from the Indian legislators."
Asiatic Researches Volume 3 page 9.)
She has then no t.i.tle to claim a divorce in any predicament; and he may sell her, making only the first offer to her relations. The other appendages as already mentioned are the tulis tanggil (the meaning of which I cannot satisfactorily ascertain, this and many other of the legal terms being in the Rejang or the Pa.s.summah and not the Malayan language) and the upah daun kodo, which is a consideration for the expense of the marriage feast, paid to the girl"s parent, who provides it. But sometimes it is deposited at the wedding, when a distribution is made of it amongst the old people present. The words allude to the leaf in which the rice is served up. These additional sums are seldom paid or claimed before the princ.i.p.al is defrayed, of which a large proportion, as fifty, eighty, and sometimes a hundred and four dollars, is laid down at the time of marriage, or in the first visit (after the parties are determined in their regards) made by the father of the young man, or the bujang himself, to the father of the woman. Upon opening his design this money is tendered as a present, and the other"s acceptance of it is a token that he is inclined to forward the match. It lies often in his hands three, six, or twelve months before the marriage is consummated. He sometimes sends for more, and is seldom refused. Until at least fifty dollars are thus deposited the man cannot take his wife home; but so long as the matter continues dalam rasa-an (under consideration) it would be deemed scandalous in the father to listen to any other proposals. When there is a difficulty in producing the necessary sum it is not uncommon to resort to an expedient termed mengiring jujur, that is, to continue a debtor with the family until he can raise money sufficient to redeem himself; and after this long credit is usually given for the remainder.
Years often elapse, if the families continue on good terms, without the debt being demanded, particularly when a hundred and four dollars have been paid, unless distress obliges them to it. Sometimes it remains unadjusted to the second and third generation, and it is not uncommon to see a man suing for the jujur of the sister of his grandfather. These debts const.i.tute in fact the chief part of their substance; and a person is esteemed rich who has several of them due to him for his daughters, sisters, aunts, and great aunts. Debts of this nature are looked upon as sacred, and are scarcely ever lost. In Pa.s.summah, if the race of a man is extinct, and some of these remain unpaid, the dusun or village to which the family belonged must make it good to the creditor; but this is not insisted upon amongst the Rejangs.
In lieu of paying the jujur a barter transaction, called libei, sometimes takes place, where one gadis (virgin) is given in exchange for another; and it is not unusual to borrow a girl for this purpose from a friend or relation, the borrower binding himself to replace her or pay her jujur when required, A man who has a son and daughter gives the latter in exchange for a wife to the former. The person who receives her disposes of her as his own child or marries her himself. A brother will give his sister in exchange for a wife, or, in default of such, procure a cousin for the purpose. If the girl given in exchange be under age a certain allowance per annum is made till she becomes marriageable. Beguppok is a mode of marriage differing a little from the common jujur, and probably only taking place where a parent wants to get off a child labouring under some infirmity or defect. A certain sum is in this case fixed below the usual custom, which, when paid, is in full for her value, without any appendages. In other cases likewise the jujur is sometimes lessened and sometimes increased by mutual agreement; but on trials it is always estimated at a hundred and twenty dollars. If a wife dies soon after marriage, or at any time without children, the full jujur cannot be claimed; it is reduced to eighty dollars; but should more than that have been laid down in the interim there is no refunding. The jujur of a widow, which is generally eighty dollars, without appendages, is again reduced upon a third marriage, allowances being made for dilapidation. A widow being with child cannot marry again till she is delivered, without incurring a penalty. In divorces it is the same. If there be no appearance of pregnancy she must yet abstain from making another choice during the period of three months and ten days.
When the relations and friends of the man go in form to the parents of the girl to settle the terms of the marriage they pay at that time the adat besasala, or earnest, of six dollars generally; and these kill a goat or a few fowls to entertain them. It is usually some s.p.a.ce of time (except in cases of telari gadis or elopement) after the payment of the besasala, before the wedding takes place; but, when the father has received that, he cannot give his daughter to any other person without incurring a fine, which the young lady sometimes renders him liable to; for whilst the old folk are planning a match by patutan, or regular agreement between families, it frequently happens that miss disappears with a more favoured swain and secures a match of her own choice. The practice styled telari gadis is not the least common way of determining a marriage, and from a spirit of indulgence and humanity, which few codes can boast, has the sanction of the laws. The father has only the power left of dictating the mode of marriage, but cannot take his daughter away if the lover is willing to comply with the custom in such cases. The girl must be lodged, unviolated, in the house of some respectable family till the relations are advised of the enlevement and settle the terms. If however upon immediate pursuit they are overtaken on the road, she may be forced back, but not after she has taken sanctuary.
By the Mosaic law, if a man left a widow without children his brother was to marry her. Among the Sumatrans, with or without children, the brother, or nearest male relation of the deceased, unmarried (the father excepted), takes the widow. This is practised both by Malays and country people. The brother, in taking the widow to himself, becomes answerable for what may remain due of her purchase money, and in every respect represents the deceased. This is phrased ganti tikar bantal"nia--supplying his place on his mat and pillow.
CHASt.i.tY OF THE WOMEN.
Chast.i.ty prevails more perhaps among these than any other people. It is so materially the interest of the parents to preserve the virtue of their daughters unsullied, as they const.i.tute the chief of their substance, that they are particularly watchful in this respect. But as marriages in general do not take place so early as the forwardness of nature in that climate would admit, it will sometimes happen, notwithstanding their precaution, that a young woman, not choosing to wait her father"s pleasure, tastes the fruit by stealth. When this is discovered he can oblige the man to marry her, and pay the jujur; or, if he chooses to keep his daughter, the seducer must make good the difference he has occasioned in her value, and also pay the fine, called tippong b.u.mi, for removing the stain from the earth. Prost.i.tution for hire is I think unknown in the country, and confined to the more polite bazaars, where there is usually a concourse of sailors and others who have no honest settlement of their own, and whom, therefore, it is impossible to restrain from promiscuous concubinage. At these places vice generally reigns in a degree proportioned to the number and variety of people of different nations who inhabit them or occasionally resort thither. From the scenes which these sea-ports present travellers too commonly form their judgment, and imprudently take upon them to draw, for the information of the world, a picture of the manners of a people.
The different species of horrid and disgustful crimes, which are emphatically denominated, against nature, are unknown on Sumatra; nor have any of their languages terms to express such ideas.
INCEST.
Incest, or the intermarriage of persons within a certain degree of consanguinity, which is, perhaps (at least after the first degree), rather an offence against the inst.i.tutions of human prudence than a natural crime, is forbidden by their customs and punishable by fine: yet the guilt is often expiated by a ceremony, and the marriages in many instances confirmed.
ADULTERY.
Adultery is punishable by fine; but the crime is rare, and suits on the subject still less frequent. The husband, it is probable, either conceals his shame or revenges it with his own hand.
DIVORCES.
If a man would divorce a wife he has married by jujur he may claim back what he has paid in part, less twenty-five dollars, the adat charo, for the damage he has done her; but if he has paid the jujur in full the relations may choose whether they will receive her or not; if not he may sell her. If a man has paid part of a jujur but cannot raise the remainder, though repeatedly dunned for it, the parents of the girl may obtain a divorce; but if it is not with the husband"s concurrence they lose the advantage of the charo, and must refund all they have received.
A woman married by jujur must bring with her effects to the amount of ten dollars, or, if not, it is deducted from the sum; if she brings more the husband is accountable for the difference. The original ceremony of divorce consists in cutting a rattancane in two, in presence of the parties, their relations, and the chiefs of the country.
SECOND MODE OF MARRIAGE.
In the mode of marriage by ambel anak the father of a virgin makes choice of some young man for her husband, generally from an inferior family, which renounces all further right to, or interest in, him, and he is taken into the house of his father-in-law, who kills a buffalo on the occasion, and receives twenty dollars from the son"s relations. After this the buruk baik"nia (the good and bad of him) is vested in the wife"s family. If he murders or robs they pay the bangun, or the fine. If he is murdered they receive the bangun. They are liable to any debts he may contract after marriage; those prior to it remaining with his parents. He lives in the family in a state between that of a son and a debtor. He partakes as a son of what the house affords, but has no property in himself. His rice plantation, the produce of his pepper-garden, with everything that he can gain or earn, belong to the family. He is liable to be divorced at their pleasure, and, though he has children, must leave all, and return naked as he came. The family sometimes indulge him with leave to remove to a house of his own, and take his wife with him; but he, his children, and effects are still their property. If he has not daughters by the marriage he may redeem himself and wife by paying her jujur; but if there are daughters before they become emanc.i.p.ated the difficulty is enhanced, because the family are likewise ent.i.tled to their value. It is common however when they are upon good terms to release him on the payment of one jujur, or at most with the addition of an adat of fifty dollars. With this addition he may insist upon a release whilst his daughters are not marriageable. If the family have paid any debts for him he must also make them good. Should he contract more than they approve of, and they fear his adding to them, they procure a divorce, and send him back to his parents; but must pay his debts to that time. If he is a notorious spendthrift they outlaw him by means of a writ presented to the magistrate. These are inscribed on slips of bamboo with a sharp instrument, and I have several of them in my possession. They must banish him from home, and if they receive him again, or a.s.sist him with the smallest sum, they are liable to all his debts. On the prodigal son"s return, and a.s.surance of amendment, this writ may be redeemed on payment of five dollars to the proattins, and satisfying the creditors. This kind of marriage is productive of much confusion, for till the time it takes place the young man belongs to one dusun and family, and afterwards to another, and as they have no records to refer to there is great uncertainty in settling the time when debts were contracted, and the like. Sometimes the redemption of the family and their return to the former dusun take place in the second or third generation; and in many cases it is doubtful whether they ever took place or not; the two parties contradicting each other, and perhaps no evidence to refer to. Hence arise various and intricate bechars.
THIRD, OR MALAYAN MODE OF MARRIAGE.
Besides the modes of marriage above described, a third form, called semando, has been adopted from the Malays, and thence termed semando malayo or mardika (free). This marriage is a regular treaty between the parties, on the footing of equality. The adat paid to the girl"s friends has usually been twelve dollars. The agreement stipulates that all effects, gains, or earnings are to be equally the property of both, and in case of divorce by mutual consent the stock, debts, and credits are to be equally divided. If the man only insists on the divorce he gives the woman her half of the effects, and loses the twelve dollars he has paid.
If the woman only claims the divorce she forfeits her right to the proportion of the effects, but is ent.i.tled to keep her tikar, bantal, and dandan (paraphernalia), and her relations are liable to pay back the twelve dollars; but it is seldom demanded. This mode, doubtless the most conformable to our ideas of conjugal right and felicity, is that which the chiefs of the Rejang country have formally consented to establish throughout their jurisdiction, and to their orders the influence of the Malayan priests will contribute to give efficacy.
In the ambel anak marriage, according to the inst.i.tutions of Pa.s.summah, when the father resolves to dismiss the husband of his daughter and send him back to his dusun the sum for which he can redeem his wife and family is a hundred dollars: and if he can raise that, and the woman is willing to go with him, the father cannot refuse them; and now the affair is changed into a kulo marriage; the man returns to his former tungguan (settlement or family) and becomes of more consequence in society. These people are no strangers to that sentiment which we call a regard to family. There are some families among them more esteemed than others, though not graced with any t.i.tle or employment in the state. The origin of this distinction it is difficult to trace; but it may have arisen from a succession of men of abilities, or from the reputation for wisdom or valour of some ancestor. Everyone has a regard to his race; and the probability of its being extinct is esteemed a great unhappiness. This is what they call tungguan putus, and the expression is used by the lowest member of the community. To have a wife, a family, collateral relations, and a settled place of residence is to have a tungguan, and this they are anxious to support and perpetuate. It is with this view that, when a single female only remains of a family, they marry her by ambel anak; in which mode the husband"s consequence is lost in the wife"s, and in her children the tungguan of her father is continued. They find her a husband that will menegga tungguan, or, as it is expressed amongst the Rejangs menegga rumah, set up the house again.