The small coastal islands, being unoccupied for agriculture, were also regarded as the property of the chiefs. These are sometimes found to be tenanted by va.s.sals who tend the chief"s pigs or gather his cocoanuts, and this is in a sense _thokovaki_ tenure.
One of the most remarkable features about _thokovaki_ tenure is that the tenants themselves disclaim the actual ownership of the land they cultivate. The chiefs seldom know where their land is. Before the Native Lands Commission the Roko Tui, or some other chief, often asked his tenants for the names and boundaries of the lands over which he was overlord, and if the tenant denied that a particular piece of land was _thokovaki_ the chief asked the commissioners to accept the statement.
It happened more than once that tenants gave the name of land for registration in their own name, saying, "We hold the land only on _thokovaki_ tenancy, but the chief has favoured us and says that he will make it over to us absolutely."
[Pageheader: RENT ALWAYS PAID IN PRODUCE]
It must not be understood that _thokovaki_ rents are paid only to the superior chiefs. Persons of almost equal rank are found in the position of overlord and tenant. In the case of Nalea and Nambuli the Kai Nalea were the princ.i.p.al heathen chiefs before what I must call the Reformation, and the fact of their being extensive lords of _thokovaki_ lands is an instance of the natural disposition of all ecclesiastical bodies to acquire landed interests. I may add that the Reformation which reduced Notho to unimportance occurred early in this century. The a.s.sumptions of the priesthood had grown so intolerable that they threatened the prestige of even the chiefs themselves. At last the chiefs and people together determined to destroy the privileges of these upstart priests who were originally people of no birth. They therefore deprived them of their offices, and put in chiefs of rank in their place. The success of this experiment of a state church was never put to the proof, for Christianity came and swept away priests and G.o.ds alike.
Of the six great clans known as the Sauturanga we find that persons of one are often in the relation of overlord to persons of another, though they are of almost the same rank.
The rent paid under _thokovaki_ tenure was variously called _ndrawe-ni-vanua_, _ura-ura-ni-vanua_, etc. It varied according to the produce of the land itself. It might even take the form of manufactured property, but with the inexact.i.tude of all primitive people, neither the amount nor the time for yielding it seems ever to have been fixed. Among the fishing tribes on the coast, who might easily have paid their rent in fish, we find that the fish is bartered first for produce and that the produce is then carried to the landlord. We may therefore a.s.sume that the rent must always in some sort be in the form of produce capable of being grown upon the land. Thus sinnet is permitted, because the fibre composing it may have been husked from cocoanuts growing on the land; mats, because the land grows the rushes used in their manufacture; baskets, because the osiers could be cut upon the land. The time for paying rent was fixed by the necessities of the landlord. If he had a feast to make or contribute to, he sent to his tenants, apportioning among them the total amount he required of the supply. It might happen that he made only one call upon them in a single year, while in another he might demand more than half their crops. But the safeguard against excessive demands lay in the fact that the tenant had always the power of deserting the land and offering himself as a tenant to a rival chief.
In practice, therefore, no overlord dared to make excessive levies upon his tenants.
[Pageheader: THE CRIME OF FISH-SCARING]
The most striking example of _thokovaki_ tenure is to be found in the tribe of Notho. From the myths which concern the origin of this tribe, we can gather that they are an offshoot of the tribe that now inhabits the distant island of Nayau, with which it is _tauvu_, that is, it worships the same G.o.ds and has a common ancestress. Tradition says that their ancestress when bathing was swallowed by a gigantic shark and was carried to the mangrove swamp where now stands the village of Nambundrau, where she was ejected by the fish and attended by the natives of the place. As a proof of this tradition the natives point to the fact that their ancient G.o.d is a shark, but it is scarcely necessary to observe that in this case, as in many others, the romantic history has been woven round the totem of the tribe and incorporated into the folklore. Seven generations ago, that is about 1750, the ancestor of the present chief moved to Nambundrau. At that time the only dry ground was a narrow island in the mangrove swamp. The chief was followed by the septs related to his family, and by two tribes that were tributary to him. They immediately began the work of reclamation, until year by year the island grew. Causeways were put forward into the swamp surrounding the moat so as to form fish-ponds. Sites were built for six other villages, which formed the nucleus of reclamation, until at the present day the whole area is composed of a network of causeways, gardens and fish-ponds. For the first fifty years of this process the swamp was regarded as exclusively the property of the chief. But as sufficient villages were formed under the leadership of one of his relations the swamp came to be looked upon as the property of the chief upon whose lands it bordered. The property rights of the chief in the swamp were of course of a negative order. He could only exercise them by refusing to others the right to reclaim it; but as no reclamation could be undertaken except under his directions, the land as it grew became the property of the chiefs. In Notho alone in all Fiji do the overlords not draw tribute from their own dependants, but gather it haphazard from tenants not their hereditary subjects. As each reclamation was completed the chief chose from his followers a tenant. The tenancy descended from father to son, but at any moment the tenant was free to throw up his holding and become the tenant of a chief more to his liking. The chief, too, for sufficient cause, had a right of eviction, and might offer the holding to any person of whatever sept, so long as he belonged to the aggregation of tribes known as Notho. So much was this liberty recognized, that now when a child is born in a family of tenants, the father and mother choose to which of the chiefs he should become client.
Of a family of four boys the eldest would succeed his father in the tenancy, but the other three would each become tenants of a different chief. It will thus be seen that the _clientele_ of the minor chiefs have no common tie of blood, and therefore the position of the overlord approaches far more nearly that of the landlord in Europe than is usually to be found in primitive communities.
The property of Notho consists of _taro_ beds, cocoanuts and fish-ponds, and the rent therefore differs slightly from that paid in other districts. There are, besides, special offences. It was a penal offence to walk on a causeway bordering on another"s fish-pond, and stamp on it so as to make the fish jump out.
This offence was often committed for the purpose of theft, but sometimes also out of pure mischief. These little fish are often given to the landlord as rent for the pond from which they were drawn. It will thus be seen that Notho cannot be said to be divided into _matankalis_. The only way to describe their social status is to say that the villagers of Nakuroiwai and Nathuru are all chiefs, and that the commoners in the remaining four villages are apportioned out among these chiefs individually, as tenants of their lands. The first-named villages own all the land, and the others are mere agricultural tenants, removable at will. But even in Notho, where the chief"s rights in the soil most nearly approach to the absolute, it may well be doubted whether he could sell his lands to any European without violating the sense of justice of the whole district.
Province of Tailevu
The tenures of land in Tailevu vary with the status of the tribe occupying them. They may be cla.s.sified as follows--
(1) Land which is admitted by the occupiers to be the absolute property of the Mbau chiefs subject only to their occupation on the condition of paying regular tribute in the form of _lala_ of food and labour.
Instances of this tenure are to be found in Kamba and Nambua. The people do not claim any rights in the soil, but represent that they are only occupying at the will of the chiefs, who have the absolute disposal of it. They are subject to levies of food whenever a large feast is to be made at Mbau, but they plant no special gardens for the chiefs, and they are unstinted in the use of the cocoanuts and other fruit. The tribute is called _drawe ni vanua_, perhaps the nearest equivalent for the word "rent" that can be found in the language of any primitive people. The people account for their position by stating that they formerly lived with the chiefs as their servants, and that when the chiefs removed from Kamba they were left upon the land to cultivate it under the present conditions of tenure.
Roko Tui Tailevu asked that the land should be registered in the name of the tenants subject to his rights as overlord.
(2) Land which is the joint property of the chiefs and their tributaries, who both plant gardens for their superiors and pay regular tribute in food to the chiefs to whom they are attached.
This form of tenure is to be found in the lands occupied by the people of Namuka, Nakoroiwau and Natila. These tribes hold a peculiar position.
In former times they did not _tamaka_[108] any but the chief of the Vusarandave, and at the death of a Vunivalu they alone could prepare the body for burial. This may be accounted for by the tradition that they originally formed part of the Tui Kamba family, and that they were left behind to occupy the tribal lands when the Mbau chiefs moved to their island.
[Pageheader: THE OVERLORD]
(3) Lands of which the occupiers, though _nkali_ (tributary), claim to be the proprietors, acknowledging only the overlordship of the chief at Mbau, to whom on that account they are subject to _lala_.
An instance of this tenure is to be found in Mokani. The people account for the difference in their status from that of the other _nkali_ tribes by saying that they were given their lands by the Ndravo people, to whom they are related. In this case the land was registered in the name of the people, endorsing the register with a statement of the usual tribute due to the overlord.
It should here be noted that it is only in these cases that the _turanga-i-taukei_, provided for in the Regulation of 1883 as the recipient of forty per cent. of the rents for lease moneys, can be said to exist, and as a measure of justice to the people, the Regulation should be so amended as to allow ninety per cent. to be divided among the people in all cases in which the Native Lands Commissioners certify that there is no _turanga-i-taukei_ (overlord).
(4) Lands which are owned by the tribes independently of Mbau, and are subject only to the overlordship of their own local chief.
Namata may be cited as an instance of this kind of tenure. The clan was _mbati_ to Mbau, and therefore subject only to military service. As a consequence the Mbau chiefs have no power to levy food or personal service from Namata.
(5) Land of which the local chief claims to be the absolute owner.
The only instance we have found of this tenure is in Nakelo, which was a very powerful tribe until the introduction of firearms by Charles Savage about 1802-7 enabled Mbau to reduce it.
In spite, however, of the a.s.sertion of Tui Nakelo it is doubtful whether the chief"s rights could ever have been exercised without the a.s.sent of his own tribe. In these days at any rate, they could not be so exercised without shocking native opinion.
(6) Lands owned by the commune without the overlordship of any chief either local or central.
Nausori and Kuku afford instances of this tenure. It is the natural result of their geographical situation between the _mbati_(borders) of two rival confederations, Mbau and Rewa--of being in fact a "buffer state."
In these communes there is a difference between waste and cultivated land. The _yavu_ (house foundation) is held by the individual and is inherited by his heirs. The _teitei_ or _nkele_ (cleared and cultivated land) is also regarded as the individual property of the occupier; the waste lands are held in common, and may be appropriated, cleared and cultivated by any member of the tribe with the consent of the rest. A man thus owns individually neither more nor less than he can keep in cultivation.
(7) Lands owned by a commune who have been fugitives from a distant part of the country, and have been placed on their lands by the chiefs under whose protection they have placed themselves. Until their position was a.s.sured they paid tribute both to their protector and to any other neighbouring chief strong enough to annoy them. An instance of this form of tenure is to be found in the Kai Naimbosa, who came from the Vungalei country, and for some time paid tribute both to the chiefs of Mbau and Namata.
[Pageheader: RIGHTS OF FISHER TRIBES IGNORED]
Among all the coast tribes are to be found small communities of fishermen, who by the nature of their occupation are debarred from cultivating the soil. As might be expected, therefore, their tenure of land is quite different from the tribes surrounding them. In Mbau there are two of these tribes Lasakau and Soso; in the Rewa province the Kai Naselai and the Kai Vutia. The Kai Soso claim all the shallow sh.o.r.e reefs from Kamba Point to Uthui k.u.mi. They use fences only, a kind of fishing that cannot be carried on unless the right of a reef is exclusive. The Kai Lasakau are fishermen using both traps and nets, but not fences. They claim the exclusive right to fish on all the deeper reefs from Waikelia in Sawakasa to the Suva Point, including those near Moturiki. There is a clear understanding between them and the Rewa fishermen of Naselai and Vutia that they shall not interfere with the shallow reefs on the Rewa coast. The members of this clan live almost entirely by their skill. As soon as a man returns from the reef, his wife takes the fish and hawks them from house to house, in exchange for yams or _taro_. Failing to dispose of them in Mbau, she takes them to the villages on the mainland. This system of barter has greatly taken the place of the old system, under which the fishermen were fed by the chiefs to whom they owed allegiance, that is, they were a continual tax upon the chief"s tenants. The Kai Soso have acquired a plot of land by right of occupation, and their claim is not disputed. The Kai Naselai used in return for their fish to be allowed the run of the plantations.
They would go and take whatever food they required, provided they confined themselves to the gardens of those who had received fish from them. Now, however, they have acquired land in right of occupation. The Government here encounters another difficulty. At the cession all the reefs were declared the property of the Crown, and unless the fishermen were made a charge upon the lands registered as the property of the natives they would have no means of subsistence. They must either be given land belonging to other people, or the reefs belonging to the Crown must be handed over to them. It is to be feared that the Government will adopt a middle course, that of giving them a right to fish upon the Crown reefs and withholding that right from others. But this is a course that will inevitably lead to trouble in the future. If rights are to be defined, now is the time to define them, before holders have had time to acquire property by prescription.
Under the pressure of European land customs the Fijian conception of land has begun to break up. Owning two-thirds of the land of their islands, it was impossible that they should be left in useless possession, and though they may not sell an acre of it they have been encouraged to lease to planters at a fair rent all that they do not require for their own support. As soon as they understood that they were to have the spending of the rent, land, to which they had hitherto attached little value, became their most precious possession, and their natural earth-hunger was keenly whetted. In some instances the proprietary unit had dwindled to a few individuals of low birth, and these men, contrary to all custom, found themselves courted by powerful neighbours on account of their wealth. This sudden acquisition of money without effort has been demoralizing, but it has quickened the growth of new tastes and new wants, which is the first step towards material progress. On the other hand, it is fostering a spirit of lying and cheating in every transaction concerned with the ownership of land.
Happily it has not led to one form of demoralization--that of drinking--thanks to the rigid enforcement of the liquor law, which forbids the sale of alcohol to natives under heavy penalties.
FOOTNOTES:
[Footnote 106: The divisions of Tailevu and Rewa are--
(1) _Matanitu_--Tribe or Confederation.
(2) _Matankali_--Clan.
(3) _Tokatoka ni matankali_--Sept.
(4) _Mbatilovo_ (_lit._ "brink of the same pit-oven")--Joint-family.]
[Footnote 107: Williams"s _Real Property_.]
[Footnote 108: Shout the cry of respect.]
CHAPTER x.x.xII
CONCLUSION
It has been too readily a.s.sumed that the ancient system of the Fijians was wholly evil. The disposition of early explorers and missionaries is to describe the races with whom they came in contact as living in a state of savage anarchy, the motive of travellers being to excuse their own rapacity and cruelty; and of missionaries to vindicate their iconoclasm and to magnify their courage and self-sacrifice. "Nothing,"
says McClennan, "is more common in these old narratives than to find the peoples who were being sacrificed to European cupidity described as living in a purely animal state, without government, laws, or religion, and yet the student will sometimes be able to spell out from these very narratives themselves that the peoples so described were intensely religious, and that they dwelt under the constant pressure of a rigid body of customary law, and what we would call a highly developed system of const.i.tutional government."[109]