Marriage Settlement of Robert Warburton and Shah Jahan Begum

I was sent this copy of a translation of the marriage settlement between Captain Robert Warburton and Shah Jahan Begum, by Marilyn Warburton, whose husband is descended from Robert’s brother, Thomas Kemmis Warburton.

It was written by James Birch who is Robert’s great grandson, Robert’s son, Colonel Sir Robert Warburton K.C.I.E., C.S.I., referred to it in his book Eighteen Years in the Khyber as “a curious document”, then (1898) in his possession.

James Birch was the son of Sir Robert’s daughter Marie Cecil, and James Richard Kemmis Birch, who was Marie’s first cousin, once removed, being the son of Sir Robert’s Aunt Mary. Clearly the document Sir Robert referred to had passed down to James.

In producing a typed version of James’s handwritten copy of the document I have modernised one or 2 spellings. My own comments follow at the end.

I commence in the name of the Compassionate and most merciful God.

Thanks be to God the marriage is perfectly legal and binding in accordance with the Mohammedan laws – as laid down by our Prophet Mohammed – be peace and salutations upon him.

On the 11th of Ramadan 1257 Heijeira corresponding with the month of November 1840AD I Abdul Raheem Khan, son of Mansoor Khan Indarani, do make a solemn and legal declaration, that I am the father of my virtuous and honourable daughter Shah Jahan Begum.

In the presence of the Mohammedan Gentlemen, at my own free will and accord, I give away my daughter in the matrimonial alliance, which is allowable and legal according to the forms of Mohammedan religion to the Gentleman of exalted dignity Warburton th[e] Sahib Bahadoor.

For a Maha (by marriage contract) of Six lakhs of Rupees the current coin of the present time, valuable jewellery, including household furniture.

The above named Gentleman in the presence of the honourable Gentlemen Burnes Sahib, Stood Sahib, and Jenkins Sahib, has promised that if he were ever to deceive, ill treat my daughter in that case I will (he declares) commit the crime of Falsehood to our Prophet Jesus Christ be salutations on Him. He further engages that he will render himself liable to a crime to his Government the East Indian Company by so doing. These few words have been written in the way of Marriage Deed.

Following are the signatures of witnesses:-
Meer Hadji
Abdoollah Kahn Soobadar
Sidar Khan

The signatue of the Mohammedan Law Giver
Kahee Futtehoollah

There is a copy of the same in the English language.

This is a true copy of the translation in my possession.

Col JR Birch DSO James Birch
Current 6th August 1962
Lton 7 Subek

A few notes re Robert Warburton and Shah Jahan Begum

1. Read Chapter 1. “Eighteen Years in the Khyber” by Sir Robert Warburton KCIE. CSI. Son of the above named Robert Warburton. This chapter tells of the marriage; and rough times through which Sir Robert’s father and mother had to go.
2. He (Sir Robert’s father, later Colonel Warburton) is buried in the Garrison Churchyard, PESHAWAR, North West Province, West Pakistan. I saw his grave in 1933. It was in very good condition. Later in 1934 I found what may be the tombstone of Col. Robert’s widow (the Afghan lady) in AMRITSAR (cantonment) Punjab, India. Here she spent her last years. An old man showed three tombstones (he either knew or knew of her) and told me it was one of these three. None had any inscription on them and they were in poor condition.
3. A British Officer (retired from the Indian Police and who I once knew well) told me 35 years ago when I last saw him, the following: Shah Jahan Begum, a widow, had a small son by her first marriage . Col. Robert adopted him – he was named John (and I know he is buried in Kasuli (Simla Hills) cemetery). This son went into the Indian Police and became quite famous for his exploits. Rudyard Kipling in his book “Plain tales from the Hills” refers to an Inspector Strickland, supposedly to have been this John Warburton. I didn’t feel somehow that Sir Robert (my grandfather) and his half brother got on together, and I have never heard any mention of this John W in my family. That is, of course, if my old friends story is true.

4. Ref the Marriage Deed

• I do not know who made out the translation, when or where. It was probably originally written in Persian of Arabic. Pashtun, the language of the Pathans (which includes many Afghan tribes) was seldom written in those days. The translation must have been written out  many years ago because in line 3 you will see the old fashioned S in the word compaSsionate.

Line 8 This is the Mohammedan date – which begins either from the birth or death of Mohammed.

Line 11 Shah Jahan Begum. This was her married name. I do not know her maiden name.

Line 13 “Mohammedan” – If I remember rightly, the late Aga Khan in his memoirs, states that the correct word to be used is is Muslim or Islam, not the term Mohammedan. Nevertheless it is used here. There is this – he, the late Aga Khan belonged to another sect of Mohammedans.

Line 18. I believe everything was lost (vide Sir Robert’s book) or almost everything.

Line 22 These were three of the hostage prisoners left behind by the British forces when they left Kabul for India. The name Strool should be spelt Sturt. Great grandfather was one also.

My Comments

• James says he is unaware of who made the English copy of the settlement, but the document itself says an English version was made, so it is clearly contemporary.
• The date 11th Ramadan 1257 translates to 26th October 1841. The date of the marriage in the entry for the Durrani (Warburton) dynasty on The Royal Ark website (http://www.royalark.net/ Afghanistan/warburto.htm) is the 27th October. The date of November 1840 is also mentioned in Sir Robert’s book, Eighteen Years in the Khyber, so the error is in the original translation, not a subsequent transcription. 
• According to Controller of Devils, the story of John Paul Warburton by JD Martineau (see the Papers page of this website for links to images of the book) the Begum spent her last years living with him in Ludhiana, which is about 140 kilometres from Amritsar.
• Controller of Devils also records that Robert never visited his mother at Ludhiana, despite entreaties by John Paul. This supports the story the brother’s didn’t get on, and maybe Robert wished to downplay his Afghan heritage, though surely it was this and his command of the language that was instrumental in the success of his career as Political Agent on the Khyber pass.
• John Paul’s descendants believed that John Paul was Robert’s son, and Robert himself accepted it before he died. It is believed the Begum’s first husband had left Kabul when the British arrived, a year before John Paul was born. Also he would never have given up a son if he believed it was his. John Paul’s daughter, Durrani commented that her grandparents were “definitely shooting grouse before the 12th”.
• The Islamic calendar is not dated from the birth or the death of Mohammed, but the date of the Hijra, when Mohammed and his followers migrated from Mecca to Medina in 622CE.
• Shah Jahan Begum’s father is named on the Settlement as Abdul Raheem Khan. The Royal Ark website places him in the Durrani dynasty. John Paul’s eldest daughter, Mary Ann was known as Durrani. Begum is a title (Lady or Princess) rather than a name.
• James Birch notes that the money, jewellery and furniture was lost. Days after the wedding, on November 2nd, the insurrection against the occupying British forces began with attacks on those who had made homes in the city, including Robert’s. Fortunately Robert was in the Army Cantonment at the time, and his wife was able to flee to join her family and friends, who were able to keep her concealed through the following difficult months. The house was looted and destroyed.
• Of the three witnesses, Lt. Burnes was the brother of Sir Alexander Burnes, the British Resident. They both died on November 2nd in the attacks on British homes in Kabul. Lt. Sturt was killed the following January in the Army’s retreat. The presence of Jenkins is curious a Lady Florentina Sale’s A Journal of the First Afghan War states that Lt. Jenkins was mortally wounded on October 18th, before the wedding took place.
• The six hostages left in Kabul when the Army retreated were Captains Drummond and Walsh, and Lts. J. Conolly, Webb, Warburton and Airey. They were joined in time by several other hostages taken during the retreat. In all the hostages numbered thirty-five British officers, fifty-one private soldiers, twelve officers’ wives and twenty-two children. The rest of the Army were systematically massacred until one man, Doctor William Bryden, made it safely to the British garrison at Jellalabad.
• In April 1842 General Pollock’s Army of Retribution crossed the Khyber Pass. By the time they retreated to Peshawar in November, all the hostages had been released, and Shah Jahan Begum had also joined up with the army, accompanied by 2 small sons. Robert junior had been born at Ghilzal Fort on 11th July 1842. Some reports say she was dressed as a sepoy.