Next to these in rank were the chiefs of the allied states of Mburebasanga, who were the _nkase_ (elders) of the Rewa chiefs and of Notho. These were only subject to Rewa in so far that they were pledged to order their va.s.sals to perform work for the supreme chiefs. Of course this tie arose from the Rewa chiefs having at some remote time conquered them and come to live among them, and in the case of Notho, through the Notho people as fugitives, having obtained leave, on the condition of tribute, to settle upon land belonging to Rewa.
Next to these came the Kaso (cross-beams), who were perhaps originally descendants of the younger sons of chiefs. The Kai Nalea, the first of these, were the hereditary priests, whose power was broken in the reformation already described, and next to them were the Kai Mbuli, who had as tenants the Kai Malase.
Next came the trade clans, the fishermen of Vutia, Nukui and Nasilai, the carpenters of Ndorokavu and the Tongan sailors of Nambua and Singatoka. All these tribes owed service to the chiefs in the exercise of their trade, and received grants of land from time to time in recognition of their services.
Below these again were the free yeomen, the Kai Nandoi, and the villages of Nakuru, Ndrekena, and Veiniu, called collectively the Kai Mbatikeri.
Next and below them came the Muainasau; below these again were the three clans whose lands were in the mangrove swamps, and who were therefore called Nkalivakawai (water subjects). These were the Kai Norothivo, Kai Tavuya, and Kai Naiteni.
Lastly came the villeins, the Kai Loki and the Kai Nandoria, who were _adscripti glebae_, and whose proprietary rights in the soil were so slight as to be almost indefinable.
The Kai Vanualevu enjoyed a remarkable status. They were the sacred tribe (Nkalitambu), and they owed the chief no service. Their special function was the invest.i.ture of the Roko Tui Ndreketi in the ceremony of the _yankona_ drinking, but this privilege does not seem to have conferred upon them any special rank. Nevertheless, in such veneration did they seem to have been held, that no one dared to plant on land they had vacated. It is possible that this tribe are descended from the same ancestors as the chiefs, and perhaps from an elder branch, but that, owing to some tribal upheaval, the younger branch came to the front, and with the loss of power the consideration in which the elder was held dwindled away to this merely nominal status.
[Pageheader: INDIVIDUAL TENURE]
While the change from the independent Fijian state to a princ.i.p.al province of the colony has done much towards obliterating the old distinctions, it has not materially affected the customary law bearing upon land tenure. Clans who are _thokovaki_ tenants of the Rewa chiefs, such as Waivau, Vanualevu, and Vuthi, having been included for administrative purposes within the boundaries of the Tailevu province, are now required by law to render tributary service to Mbuli Tokatoka, while they still continue voluntarily to pay tribute to their landlords at Rewa. In this respect the establishment of a settled government has accentuated in some measure the degree of their subjection. The taxation system, in requiring that land held by individuals shall, for taxing purposes, be regarded as communal property, has forced upon the natives a retrogressive movement in their views of land tenure, but otherwise the tenure remains unchanged. When the laws that now govern the native race were framed, very little was known of the real nature of the services rendered by commoners to their chiefs. The levies of the chiefs were thought for the most part to be exercised in virtue of some kind of divine right, or at least, if exercised in connection with land, to be in virtue of the chief"s exclusive ownership. But it certainly never occurred to any of the members of the Governor"s Council that _lala_ was merely another form of rent. If this had been so, a.s.suredly some steps would have been taken to see that _lala_ was only exacted by the proper landlords. For twenty years _lala_ has remained very loosely defined, but unfortunately it has been often necessary to replace hereditary chiefs by well-conducted persons of inferior rank, and the _lala_ has been allowed to be exercised in virtue of office, rather than heredity.
All the native feelings of justice have naturally been outraged by their being required to pay rent for their holdings to the mere nominee of an alien Government, while the one person who, in their minds, has a right to demand service from them is prohibited from doing so. In every instance they have continued voluntarily to pay their rent, and have grudgingly yielded a second tribute to the Government nominee, and have further paid in respect of their lands a tax to the Government. If there has been murmuring against the present form of native government, it has been due, I am convinced, to this cause. In one respect the cession of the colony has affected land tenure in a marked degree. It has put an end to the continued transfer of land that flourished under the ancient custom. With the abolition of heathen customs and the cessation of native wars all reasons for permanent transfer have been swept away.
Individual Tenure
The communal tenure of the _veikau_ is found only in parts of the country where the land is in excess of the requirements of the population. Fortunately for students, there are in the group districts where, from war, migration, or other causes, the population has become congested. This is especially so in the delta of the Rewa river. The customary laws in force in this district deserve special study. In Rewa there is practically no communal tenure. Individual tenure is there due to the fact that every unit of land had to be reclaimed from the river or the sea. To this day, if one digs down a few feet below the surface, anywhere upon the alluvial flats, one finds mangrove roots. Perhaps the mangrove swamps were partly reclaimed by Nature, for the great floods that occur almost annually bring down a vast quant.i.ty of silt, which they deposit when the water recedes. But man has done much to extend the process.
When floods are expected long trenches are dug, which leave tiny embankments along their edge. The surface is flooded, the little ditches are obliterated by the deposit, and the waters, held in by the embankments, raise the entire surface of the land an inch or two. It is obvious that among the primitive peoples a man must acquire proprietary rights over land upon which he has expended labour.
Besides man, there is another agent at work in reclaiming land in the mangrove swamp, which extended from the present coast-line to about two miles below Nausori, where islands are raised a few inches above high-water mark. These were the haunt of a burrowing crayfish, called the _mana_, which plays the same part in the swamps as do the earth-worms in the gra.s.s land in England. They are continually bringing up the subsoil of the swamp to the surface, leaving a long tunnel, reaching from the surface to the water underneath. As the tide rises they crawl backwards, until at high tide they are close under the mound they have raised. The Fijians, knowing this peculiarity, set at low tide a most effective trap, by which the _mana_ is caught in a noose. I had heard it said that they carried a number of them to their taro plantations, and there set them at liberty, to carry on their unceasing work of raising the soil. But all the natives I have questioned on the point deny this, saying, "When did you ever know a Fijian let go an animal that is good to eat? We do not look ahead like you white men."
However this may be, the _mana_ undoubtedly does increase the size of these islands very rapidly.
[Pageheader: RECLAMATION FROM THE SWAMP]
The Rewa province is composed entirely of the alluvial flats in the delta of the great river. Over a large portion of these flats the land is broken up into little plots, surrounded by ditches, in which grow _via_ and _taro_, while the higher ground included by them is covered with fruit-trees, and yams or plantains. Each of these plots has an owner; but the owners of contiguous ground are not usually men of the same tribe. We found it quite impossible to set a boundary to the land of any particular tribe, for the holdings of the individuals were scattered about the country, among the holdings of other tribes, in hopeless confusion. To explain this remarkable _morcellement_, which is unknown in any other part of the colony which has yet been investigated, we must turn to tradition, and to the peculiar political const.i.tution of the Rewa people. The first settlers who came to the delta from the higher reaches of the river were the ancestors of the people of Nandoi, driven down by internal commotion among the tribes that inhabited the mountains. They found, at first, no land fit to grow yams or plantains, but the little islands in the mangrove swamp were excellently adapted for defence, and they planted swamp _via_ and _taro_, digging for the purpose trenches with banks on either side. The floods came and filled the trenches with silt. The process was repeated, until by degrees the ancient trenches and ridges were obliterated, and the whole country was converted into a rich alluvial flat, raised above the influence of the tide, but not beyond the fertilizing action of the highest floods. It was at this period that individual began to take the place of communal ownership. Considerable labour had to be expended before a supply of food could be grown. The wide circular trench must be dug, and the earth built up in the middle to make a bed for yams and plantains, while the trench was suitable for taro. This work was not severe enough to be beyond the power of a single family, and no call was therefore made upon the labours of the community, as in the case of public works of greater magnitude. Thus, as the Nandoi people came to regard these valueless swamps as their peculiar property, individual families appropriated portions of their common land, upon the undeniable claim of having expended labour upon them. Once appropriated, the land followed the customary law of the inheritance of chattel property--that is to say, it descended to the eldest surviving son, or, failing a son, to the eldest surviving brother. In default of a male heir, it pa.s.sed to the clan, to be appropriated by an individual. It was like appropriation of _nkele_ in other districts, only the appropriation was more complete, inasmuch as the labour expended on the property had been more severe.
In Rewa, moreover, the idea of communal ownership of land has died down, since the whole of it has been appropriated, and there is none left to be held in common.
While this explanation suffices to account for the existence of individual tenure, it fails to explain the curiously scattered location of the holdings. This, we thought, could only have been produced by an organized system of conveying land from tribe to tribe, and we were therefore at pains to trace the history of a number of these holdings, in order to formulate a customary law, by which such questions were governed. The result of our inquiries may be summarized as follows:--There are nine distinct customs under which land may be transferred:
1. Ai-thovithovi-ni-ndraundrau (_The plucking-place for the flooring-gra.s.s_)
This was land given by the family of a bride as her dowry. In the ceremony of conveyance they said, "We give this land that Nambutu"s child may eat of it, since he is our child as well as his." The husband, as long as he lived with his wife, had the control of the land, and it descended to her male children, but if she died without male issue it reverted to the donors at the second generation. In this case it was redeemed by the ceremony of _vakalutu_ (making to fall back). Until it was so redeemed, the husband or his representatives could till or lease the land, but not dispose of it. Cases have occurred in which the donors have so long neglected to redeem their property that the circ.u.mstances of the original transfer have been forgotten, and the tenants have repudiated the demands for rest.i.tution. If there were a direct line of male descendants of the original grantee, the land never reverted, and it may be a.s.sumed that after land has been held for four or five generations, the failure of the male line would not lead to the restoration of the property to the original donors. There was no actual customary law of limitation, but the grantees would decline to accept the offerings of the _vakalutu_, and would be upheld in their refusal by public opinion.
There was another form of dowry, called _ai-solisoli-i-tamana_ (the gift to the father), which was a plot of land given as a personal present to the bride"s father, with which his sept or tribe had nothing to do. Such land could never be redeemed, but this form of dowry was rare, being confined to the marriage of daughters of high chiefs, whose families were large landowners.
[Pageheader: THE CHILD"S INTRODUCTION]
2. Ketenialewa (_The woman"s womb_)
This is land seized as a punishment for adultery.
As soon as the offence became known, the friends of the injured man planted reeds (_sau_) on the land of the offender, or of his family, as a token of forfeiture. Reeds so planted were called _ai-wau-tu-i-vu-ni-vundi_ (the club set in the banana patch). The family of the offender knew that they must either abandon the land or fight for it, but when by lapse of time the offence was forgotten, the land could be redeemed by _vakalutu_.
3. Veitumalelake (_Defending the dead_)
This was land given as a reward for defending the corpse of a fallen warrior from being seized by the enemy. If the disgrace of being spoiled of armour by the enemy led Hector to stake so much upon the rescue of Sarpedon"s body, so much the more deserving of reward was the same action among the people who cooked and ate all bodies of fallen enemies.
4. Ai-thovi-ni-nkanka (_Reward for bravery_)
This was land given to allies or to persons conspicuous for their bravery, for services in war. Land so given could be redeemed after a lapse of time.
5. Veitau-ni-vanua (_Land given out of friendship_)
This was land given by one friend to another to bind their friendship, but the tenure was temporary only, and the land was usually redeemed after the death of either the donor or the transferee.
6. Ai-thuruthuru-ni-ngone (_The child"s introduction_)
The child of a high chief was taken immediately after birth into the houses of the inferior chiefs to be exhibited to them. Property of various kinds was given to it, but if there were insufficient chattels in the house, a plot of land was often formally presented. In such cases the tenure was not absolute, and the land reverted after _vakalutu_ had been performed.
All these cases amounted to little more than the transfer of the usufruct of the land for life or for an uncertain period. The person enjoying the usufruct had the right to all the crops and timber grown upon the soil, but the fruit-trees remained the property of the donor.
He might improve the land or let it go to waste, and in this respect his rights were superior to mere usufruct, but, as in the usufruct, he had no power to transfer or even to sublet. The reason for this was obvious.
He would have been creating rights in the soil, which could not be redeemed by the original donor by the ceremony of _vakalutu_ performed to him alone. It is worth noting that all these systems of transfer, though temporary, did not provide for the reversion of the land spontaneously as at any given time. Unless the donors in their own interest redeemed their property by the ceremony of _vakalutu_, the transferees acquired an absolute t.i.tle by prescription.
Under the following kinds of transfer land could never be redeemed--
1. Ai-sere-ni-wa-ni-kuna (_Loosening of the strangling cord_)
This was land given by the family of a dead man to the family of his widow, who strangled herself in honour of her husband"s memory. The custom of strangling wives is closely interwoven with the ancient beliefs regarding a future state. As has been explained already, the widow who did not court the strangling cord was a.s.sumed to have been unfaithful to her dead husband, and by following him along the path of the Shades she saved his memory as well as her own from dishonour, and her services thus deserved a recompense at the hands of his kinsmen.
[Page header: THE LOPPED FINGER]
Land given in this form of transfer could never be redeemed. But it must be remembered that the transferees belonged to a tribe very closely connected by the ties of marriage and vasu with the donors, and that land was therefore virtually a transfer within the limits of the tribe.
2. Ai-sere-i-soli-ni-mate (_The unrolling of the shroud_) and
3. Tholambuka (_Carrying firewood_)
Under these two customs, the relations of a sick man brought a bale of native cloth in which to wrap his body when dead, or firewood with which to cook his food when too ill to go and get it for himself, and the dying man, unable to make other return, presented them with a piece of land. Land so transferred was never redeemed, but in these cases again it is to be remembered that it was a transfer within the limits of the tribe.
4. Mundulinga (_The lopped finger_)
One of the chief forms of mourning for the dead was to lop off the little finger of one of the hands. Few of the older natives can be found who have the fingers of both hands intact; most of them, indeed, have lost both little fingers This act of mourning was confined to the relations of the deceased, unless he was one of the highest chiefs, and the transfer was therefore confined to the limits of the tribe. Like the other customs connected with death, the transfer was irrevocable.
It is to be noticed, therefore, that the only irrevocable transfers were confined to the limits of the tribe. Transfers from tribe to tribe could be redeemed by the ceremony of _vakalutu_. It often happened, therefore, that the male line of succession did not fail for several generations, and in such cases the original circ.u.mstances were forgotten, and the transfer became absolute by prescription. The ceremony of _vakalutu_ was as follows: On a date agreed upon by both parties the original donors came to the house of the transferee or his heir, and formally presented him with a whale"s tooth and perhaps a quant.i.ty of native goods in addition, saying, "We have come to make the land (naming it) fall back to us. Akesa ate from it and her children, but now she is dead, and they are dead, and there are none of them left to eat from it. Therefore we would have it fall back." If the representatives of the transferee accepted the tooth, the redemption was complete, but if on the other hand they refused to accept it, the question remained in abeyance until one or other of the parties had brought it before a joint council of the tribe. Under very exceptional circ.u.mstances it might even become a _casus belli_, but as a rule the ground for refusal was, that the property presented was inadequate. For in Fiji, as in Europe, land, like all other commodities, has a commercial value estimable in chattels. The ceremony of _vakalutu_ above described varied to some extent in different districts. In Vatulele and Tailevu, for instance, the symbol of transfer is a basket of earth, and the symbol of usufruct a leaf or a bunch of plantains.
Leasehold (_Thokovaki_)
[Pageheader: HOW RENT AROSE]
These holdings were not necessarily farmed by the persons to whom they were granted. There is throughout the Rewa province a remarkable custom of subject tenure known as _thokovaki_. This tenure is sometimes communal, sometimes individual. It is found throughout the Rewa delta from the Nakelo to the sea, thus including a portion of Tailevu. In the eastern end of Kandavu it reappears again in the form of rent paid by tenants called _uraura-ni-vanua_. Properly to understand the system it is necessary to glance at the history and political situation of the Rewa people. After the arrival of the Nandoi people already referred to, other tribes came down from the mountains into the delta. Princ.i.p.al among these were the Kai Rewa proper. They settled at first at Mburembasanga, where the land was naturally elevated above the mangrove swamp. They were warriors descended from an older branch of the first Melanesian immigrants, and they naturally signalized their coming by preying upon the agricultural settlers below them. In this way they imposed upon them the task of contributing to the feasts on ceremonial occasions, and in course of time tradition has it that the Kai Nandoi themselves invited them to cross the river and settle on their lands, so as to spare them the irksome necessity of ferrying quant.i.ties of food across the river. By this time there had been intermarriage between the tribes, and land had been transferred to the new-comers under the form of transfer described as dowry. They did not cross the river for nothing. We find the Nandoi lands spread in a deferential semicircle round the holdings of the chief families, showing that the former had been despoiled of all their lands in the neighbourhood of the new settlement. Then the usual process of aggression began. The chief family was strong enough to protect fugitives, and fugitives came to them accepting at once, in return for their lives, the status of kitchen men (_adscripti glebae_). Thus probably the most servile form of _thokovaki_ originated. The chief also began to acquire holdings further afield.
Like his peers on the highlands of the island, he ordered his newly-conquered va.s.sals to plant him gardens on their own lands, and in process of time as the crops of _taro_ and _via_ succeeded each other in the same soil, the land came to be regarded as set aside for the chief, and as claiming the expenditure of annual labour for the chief"s support. Succeeding generations did not stop to inquire how this came about. They had to cultivate year by year a certain plot of land for the chief, subject to their occupation. Another, perhaps the commonest, origin of _thokovaki_ tenure is to be found in reclamation. The swamp was valueless and belonged to every one, but as no stranger could be allowed to settle upon it, the tribe, if they thought of it at all, thought of it as their communal property. The chief had a lien upon the labours of his va.s.sals, provided that he paid them in food, and so it came about that the chief was the author of most of the reclamation. Of the land thus reclaimed he was regarded as overlord, and he could put whom he would upon it as his tenant. We found one piece of land in the very process of transition. A reach of soil near Mburembasanga was reclaimed by order of the former Roko-tui-ndreketi, and planted regularly by his va.s.sals. In Mburembasanga there was a difference of opinion whether this land was _thokovaki_, or whether it belonged to the tenants in fee simple. The chief left the question to the tenants, and they immediately chose to have it regarded as a subject tenure, _thokovaki_. Another origin of _thokovaki_ may be found in the transfer called _kete-ni-alewa_ (forfeiture for adultery). The chief seized the land and allowed the former owners to cultivate it under a subject tenure.