The Originals Inhabitants Tribes of Zanguebar Land

NATIONS OF THE MOZAMBIQUE AND ZANZIBAR COAST.

Of the Make or Makuana--the Suhaili, and other native Races of the Coasts of Mozambique and Zanzibar.

From the mouth of the river Zambesi northwards, as far as Cape Delgado, the border of the Indian Ocean is termed the coast of Mosambique, and from Cape Delgado to the river Juba, it is the coast of Zanzibar. The native inhabitants of the coast of Mosambique are the black races termed Makúa or Makuana: those of the coast of Zanzibar are the Suhaili or Sowauli. 

The slaves who are seen in the Portuguese settlements, passing under the designation of Mosambique Negroes, are principally of the race of Makúa. They are not distinguished by ordinary observers from the Negroes brought from other parts of Africa. A young native of Mosambique whom I saw some time since in London, was a tall well-made black man, with woolly hair and Negro features. He appeared to be a lively and intelligent person, and gave to Dr. Natterer, a German physician, who brought him from the Brazils, a short vocabulary of his native speech. He said that Makúani is the name of the Mosambique nation, and that the neighbouring tribes who speak different languages, are termed Mtschauva, Mnijempan'i, Mlomoi and Maravi.

The Makuana nation occupy the country behind the seacoast to some distance in the interior. They are frequently mentioned by the Portuguese writers, to whom they were well known. According to Mr. Salt they consist of many powerful tribes, extending in the inland country from Mosambique northward as far as Melinda, and southward to the mouth of the river Zambesi, hordes of the same race being Digitized by Google spread further towards the south-west. « The Makúanas are a strong athletic race, very formidable, and constantly making aggressions on the Portuguese settlements on the coast: they fight with spears, darts and poisoned arrows."* They were a fierce and warlike people at the time when Eastern Africa was visited by Friar João Dos Sanctos, who has described them. The Macúas," says that writer, " were subject to King Gallo, a poor prince, whose brother becoming a Moore, or Moham- medan, was therefore odious to the Kafirs, which think basely of the Moores, and more easily turn Christians, holding of them more honourable conceit. They are blacke and curled, and worship not idols." According to Dos Sanctos they occasionally eat human flesh. " The deformity of their countenances augments," as Mr. Salt says, " the ferocity of their aspect. They tattow their skins, and sometimes raise the marks an eighth of an inch above the surface. They file their teeth to a point, and give to the whole set the appearance of a coarse saw. They dress their hair fantastically: some shave one side of the head, others both sides, leaving a hairy crest from the forehead to the nape of the neck, while others wear only a knot on the top of their foreheads: they suspend ornaments of copper or bone from the cartilages of their noses. The protrusion of their upper lip is more conspicuous than in any other race of men whom I have seen, and the women purposely elongate it as a mark of beauty. The form of the females approximates to that of the Hottentot women, the spine being curved, and the hinder parts protruding. It is impossible to conceive a more disagreeable object than a middle-aged woman belonging to a tribe of the Makooa."

Dos Santos gives a similar account of the physical characters of the Macula: They have no powerful chief from Cuama to Mozambique on the coast; but within-land are great kings of curled Cafres, most of them Macuas by nation." Their speech is rough and high, as if they fought : they file their teeth as sharp as needles: they cut and raised their flesh: they are strong and endure labour." 

The people who inhabit the northern banks of the Zambesi are Makúa, as we learn from the statement of Dos Sanctos as well as from late writers. The borderers of this river were described by the officers who accompanied Captain Owen, who says, the further our travellers advanced from the coast, the more they observed the natives to improve in their appearance. Of those of Marooro, many were firmly knit, stout and elegantly proportioned: some were perfect models of the human form. They go naked, with the exception of a piece of cloth, barely sufficient for decency of appearance. Some have their beard shaved, others only in part, but many not at all. In this latter case the hair, for it is worthy of remark that they have not wool, grows long, is neatly plaited, and hanging in slender tails, communicates to the countenance a wild and savage aspect, in this resembling the people of Madagascar, whose hair is neither wool nor hair, and is dressed in general in a similar manner."* The variation here noted from woolly to merely frizzled hair, or the difference of description, is often discoverable in the accounts of cognate races, or of the same tribe seen by different travellers. The mode of dressing the hair practised by these people is similar to that used by the Kosahs, as well as by the nations of the mountainous regions, particularly the Mocaronga, who will be mentioned in the next section.

Wild as the Makooa are in a savage state," says Mr. Salt, 6 it is astonishing to observe how docile and serviceable they become as slaves, and when enrolled as soldiers, how quickly their improvement advances." 

Mr. Salt has also described another tribe, termed Monjou, inhabiting the country further in the interior, and, as he supposed, situated in a north-westerly direction from Mozambique. Persons of this tribe told him that they were acquainted with traders of other nations, named Evesi and Maravi, who had travelled far enough inland to see large waters, white people, and horses. He says the Monjou are Negroes of the ugliest description, having high cheek-bones, thick lips, small knots of woolly hair, like peppercorns, on their heads, and skins of a deep, shining black. Mr. Salt has given vocabularies of the languages of the Makooa and the Monjou, in which there appears to be sufficient resemblance to prove that they are only different dialects of one original speech.

The Suhaili, or the Sowauli, as they are turned by Mr. Salt, live on the coast of Zanzibar, northward of the Makooa,from Magadoxo, or Mug-dasho, to the neighbourhood of Mombasa. In person they resemble the Makooa, being, as Mr. Salt says, of the true Negro race, black, stout, and ill-favoured. Their language is spoken at the seaports of Magadoxo, Juba, Lama, and Patta. It is stated by Mr. Bird, in a memoir published in the Geographical Journal, that the Suhaili are seen northward as far as the coast of Ajan ; that they have jet-black complexions and woolly hair, without the thick lips or protruding mouth of the Negro. Captain Owen calls them So why else: he says that they are Mohammedans, and differ in person and character both from the Arabs and native Africans.

Notwithstanding the wide differences in physical character between these nations of the intertropical coast of Africa andthe Amakosah and other southern Kafirs, it seems probable that they are branches of one race. The number of common or resembling words in the vocabularies of their respective languages which have been as yet collected, are sufficient to prove some connexion or affinity between them, and to render it highly probable that a closer resemblance will be found on further inquiry.

Some other races are mentioned by Dos Santos in the inland country behind the Makooa, and between them and the high mountainous region. Among these are the Mongas, who may perhaps be the people termed by Mr. Salt, Monjous. The Mumbos are a numerous and very savage people, who live to the east and north-east of Tete, and at Chicoronga. They are cannibals, according to Dos Santos, and have in their town a slaughter-house, where they butcher men every day.

The Zimbas, or Mazimba, are another man-eating tribe, near Senna. Whilst I was at Senna," says Dos Santos, the Mazimba warred on some of the Portugals friends, and did eate many of them." These are tall, bigger, and strong, and have for armes small hatchets, arrows, azagaies, and great bucklers of wood, lined with wild-beasts' skins, with which they cover their whole bodies."

BOOK NAME: RESEARCHES IN TO THE PHYSICAL HISTORY MANKIND.

PUBLISHED: 1851

BY JAMES COWLES PRICHARD, M.D. F.R.S. M.R.I.A.

NATIVE LAWS OF SOME BANTU TRIBES OF EAST AFRICA.

INTRODUCTION. 

FOR some years I have given particular attention to the study of the laws and organization of certain Bantu tribes among which I have lived in East Africa . These tribes are :—The Wakamba, Wakikuyu, Watheraka, and Wadigo in Kenya Colony, and the Wazeguha, Wapare, and Wachagga in the Tanganyika Territory ( formerly German East Africa ) . In all these tribes I observed a similarity in their conceptions of law and practice which suggested to me that certain principles might be common to all Bantu of these countries. I was fortunate enough to find in German East Africa a number of German writings concerning other tribes of which I have little or no personal acquaintance, and in these also I found a great deal of information which coincided with my own observations. A summary of such information combined with my own observations is contained in the following.

In so far as a great deal that will be related here is gleaned from other sources, I cannot entirely answer for its accuracy, but there are indications that if the study had been pursued by one person in all the tribes mentioned, a greater degree of agreement in the main principles of their laws would have become apparent. The various points discussed have, moreover, not been equally exhaustively investigated, and in particular due consideration has not always been given to present-day and original practices which are by no means invariably identical.

I am thus well aware that the whole falls far short of being a reliable and complete study. My plea for publishing it despite these shortcomings is that, so far as I am aware, very little of the like has been compiled on a subject which I cannot but think has not only its ethnological value, but is of the utmost consequence both to the ruling and the subject races who are mutually concerned in the great problems that Africa presents in regard to its future advancement. We cannot ignore the principles and institutions whereunder these millions of Africans have lived generation upon generation, and which are still in vogue whether officially recognized or not. And that which we cannot ignore, we cannot afford to be ignorant of. The whole subject must sooner or later be carefully studied the sooner the better--while yet we have the opportunity. My aim is, then, to record such information as I have in preparation and as an outline which may be useful to those who can adequately give their attention to it , and in the meantime these pages may serve as a guide to others whose daily occupation calls for an understanding of native law and who have had less opportunity to acquire a knowledge of it .  

JUDICIAL AUTHORITIES. 

Among primitive people and in disordered times political upheavals were as frequent as their causes were many. A tribe or collection of tribes might be united under the rule of a prominent man, or times of stress would knit them together in common defence, or a ruler might be imposed upon them by an invader. Conversely, stable rule collapsed through internal dissension or gradual decline resulting from prolonged security. The latter tendency is observable in many parts since the establishment of European rule. As an example of such events, the Shambaa tribe may be quoted. About 150 years ago a man of the Kilindi tribe gained renown chiefly by his skill in exterminating the wild pig which devastated the fields of the Washambaa, and was eventually invited to rule the tribe. In course of time the kingdom of Vuga was established, being named after Vuga the capital, or king's residence, and this kingdom extended from North Pare to Tanga, Pangani, and Uziguha. When Rebmann landed at Pangani in 1848, the chief of that town was a vassal of the King of Vuga, who commanded him to receive the traveller. To-day the Wakilindi form the aristocracy of Usambara, and most, if not all, of the petty headmen are Wakilindi. But in course of time the royal family was divided , a separate ruler of Masinde broke from the Vuga family, and the powerful and well-organized state created by the Wakilindi declined until, at the present day, the Washambaa are divided into such a number of petty headmanships that they bear the appearance of a tribe which has never attained any real unity. Elsewhere chiefs have been created where they never existed before : thus among the Wakikuyu ; in other parts the chiefs, backed by the invincible power of European government, have become more powerful than before : so the Chagga chiefs . In general it may be said that where chiefship was not known or hardly existed, it has developed under European rule, and where it was most firm and absolute it has declined.

 Everywhere the political sovereign was the supreme judge, whether that dignity was represented by an individual or a council. And for this reason the native will always regard the European judge or magistrate as his immediate ruler, wherefore a distinction between judicial and political officials dealing directly with the people in Africa is never to be recommended. The effectiveness and supremacy of the law depends mainly on the stability of the tribal organization : it is most lax among the disorganized tribes, and most telling among those who are united under individual and powerful rulers. Therefore, it is necessary to consider jointly the political organization and the judicial system of each tribe.

It is hard to apply European terms to Africa, but to borrow the nearest equivalents we may distinguish between democratic and monarchical tribes, though it is not to be assumed that in each case the latter are subject to one individual ruler. 

I. Of the tribes here discussed the following may be described as entirely democratic. The Wamakonde, Wakarra, Wagiriama, Wakamba, Wakikuyu and Watheraka. The first of these tribes affords a striking example of a people without chiefs in so far as this affects its civil laws. Here the embryo of state is to be sought in the clan ; but clans rarely boast of a specific head, and its representative bears rather the burden of constantly standing by or standing good for the clan members without any material advantage to himself ; the community in this case is founded on mutual relationship, and not on executive authority, and by consequence there is no actual judiciary within the entire tribe. In matters between clansmen it will not be difficult to achieve a settlement, and moreover disputes will be rare. The method of exacting redress in cases of homicide will be related elsewhere, but the following is a description of the normal procedure in ordinary cases : " In the first instance the Mkonde will endeavour to obtain redress unaided by his relatives and friends. If he fails to come to an agreement he will have recourse to a solicitor, who may be of any clan , and is selected for his eloquence and ability. Having received an advance or promise of payment, the solicitor approaches the defendant, whom he plies with arguments and threats . If he proves obdurate and unwilling, the claimant will appeal to the senior members of his family, an elder brother, uncle, or the head of his clan according to the importance of the matter. These endeavour to arbitrate. If such efforts are fruitless, a new solicitor is engaged who goes to the defendant's family and clan, to whom he represents the true aspects of the case. The defendants on their side put up a pleader, and the two solicitors now wrangle over the case for days together, supported by their respective parties. The plaintiff's solicitor resorts to all manner of objective and historical arguments, which he combines with persuasion and threats, and if these fail he will speak of the standing of his client, his numerous and wealthy kinship, intimating the consequent disadvantages of opposing him. If all this is of no avail, open hostility is threatened and finally carried into practice. By force or cunning, slaves and members of the opposing family are kidnapped to extort payment. This final phase may be reached for any cause from the murder of a brother to the loss of a knife." Here, then, the means of redress was persuasion or force, but hardly judicial decision.

The Wakarra submit their disputes to decision by their elders, but enforcement of their judgment is left to the plaintiff himself.

The Wagiriama are another tribe whose sole heads are the seniors of their clans ; the present headmen are purely Government creations and were never really recognized by the people. If a matter cannot be settled locally, the elders meet to decide it. A writer, ¹ speaking of the Giriama Laws of Procedure , says : “ The judgments are often ignored, the defeated party going elsewhere to try his luck before another Kambi (council) . I had a case a short time ago on which the elders had given judgment no less than ten times. Again, if a judgment is given against a man by his own Kambi, it is perfectly open to him to leave his village and go off elsewhere without paying I am not well acquainted with the Giriama tribe, but they are so nearly akin to the Wakamba in their customs that I suspect their ideas in this matter to be more or less identical with those of the Wakamba, Kikuyu, and Theraka. The only original and real authorities among these tribes are the elders , whose decisions in political and judicial matters carry weight according as the matter is one of general interest, and the meetings by consequence largely attended or not. Elsewhere it will be related how the elders could go to the extent of passing a death sentence, but, as will be explained, this was more a measure of self- defence than a judicial act. As the spiritual heads of the people they might also resort to such means as cursing the defaulter, but the effectiveness thereof depended on the superstitious fears of the culprit . The elders are not necessarily old men, in fact those of advanced age retire from the ordinary judicial duties¹ ; but with few exceptions they are men of mature years who have been admitted to the degree of " Eiders of the Council. " It is interesting to note that for years we vainly endeavoured to create and establish so-called chiefs or headmen, but with the smallest success, because the people simply failed to comprehend the position and functions of such an authority. Meanwhile the elders continued to exercise their influence and office as judges. The councils formed by them, called Nzama in Ukamba, Kiama in Kikuyu, and Chama in Theraka, were ultimately officially recognized and formed into regular tribunals with legal jurisdiction within defined areas for each settlement. Their present form is, of course, a Europeanized adaptation of the original institution , which was not nearly so definite . Formerly, if a man did not take his due by force, or could not come to terms with his opponent, he would demand that they should call a council, and if they agreed upon this course each party would summon his own elders ; to this day they speak of " making a Kiama, and while we speak of the proceedings as a trial, " they describe them as a consultation ( Kochira, Kosila to consult) . Now supposing the council to have met and decided the case, the losing party might, and frequently does, decline to abide by the decision. Asked what then happens, the elders will say that formerly they told the successful party to take his due by force, and if the matter interested them sufficiently, the elders might endeavour to intervene to avert fighting ; but more often the contending parties fought, and hence the incessant feuds in the old days. Under present conditions, the elders tell the claimant to " go to the Government, " but they will rarely trouble to make complaint of the defendant's disobedience. Not infrequently the claimant left it to the issue of some ordeal or had recourse to witchcraft.

Thus it is apparent that the Council of Elders had to all intents and purposes no powers of decision . The defendant himself summons the council, and by so doing declares his willingness to submit the matter to discussion, but it will invariably be found that in such case he admits some liability, and this explains why it is that a Mkamba is so reluctant to appear before a court to answer a charge which he entirely refutes his mere appearance is, in their view, an admission in some degree. Next, the losing party abides by the decision or not as he pleases . On the whole, then, the assembly of elders was more in the nature of a court of arbitration than of decision.

Less independent, but still in the same category as the tribes so far discussed, are the Wadigo, Wapare, and Wazigua.

Among the first of these tribes, the Wadigo, the government is composed ofthe headman, called Zumbe, the elders, and a functionary called Mwananjirra, who is a sort of messenger or constable. The elders or adult men are divided into ten grades, which are attained by gradual admission, and of these the three senior grades constitute a council or Ngambe ( Giriama Kambi). These elders conduct the trial and explain the facts to the Zumbe, who mainly on their advice gives the decision. But for the enforcement of such decisions there was only the course of assisting the successful party to seize the defendant's goods ; in particularly flagrant cases the offender was punished by the ban of fire and water until he submitted. 

The same word Zumbe for a chief is the term in use among the Wazigua, who have a large number of petty headmen. The office is inherited from father to son ; the privileges of the Zumbe are free labour for the cultivation of his fields , otherwise the position is little distinguished . As judge, the Zumbe is assisted by the elders , and his decisions are based on their advice. For many years the Wazigua have been much under Arab influence, and latterly the Zumbes have been replaced by native magistrates, so that it is difficult to arrive at the original form of their jurisdiction .

A definite aristocratic class is not uncommon among African tribes. In Upare the village headmen ( Valao) and the chiefs ( Vafumwa) are always of this class. The position and powers of the chief are rather just what he can make them : he is not distinguished in dress nor by any peculiar marks of respect, but he has the privilege of calling on his people to work for him, and criminals may claim the right of asylum with him (see under Murder) . The real power of the land lies with the elders, who are consulted in all matters. His judicial power the chief shares with the elders, called Vagosi va Kaa, the Valao, and other men distinguished by their intelligence and eloquence. But the council thus formed is little respected by the more powerful individuals, and it is said that in former times it was frequently overawed by the number of armed followers brought by each party, and the proceedings often ended with a free fight in which the chief himself might not be spared . In general the claimant took the law into his own hands, at any rate in all serious cases such as homicide, stock thieving or other thefts-in fact, petty warfare ensued. At the present day the chief's judicial authority is supported by the Government, but it is clear that here also in former times cases were effectively decided by the chief and elders only by voluntary agreement of the parties.

I now come to a tribe which is in some ways remarkable for its organization. The Wachagga are a mixture of the most diverse sections of tribes, principally the Wakamba, Wapare, Washambaa, Wataita, and probably an aboriginal tribe of Kilimanjaro. The mountain was gradually peopled by these immigrants, who settled each in their own ridge, and clan by clan each with its distinct head. Among the latter, the head of the clan which first colonized there took the lead and in due time became the recognized chief. Actual chiefship seems to have been founded not more than 120 years ago, but many local conditions which it would be too lengthy to go into contributed to make this institution very stable, though naturally from time to time lesser chiefs were conquered and their domains incorporated in the victor's lands temporarily or permanently, others became vassals of the most powerful chiefs, and others again have in course of time broken up into petty headmanships. The more powerful chiefs attained very considerable despotic authority, which was aped by the smaller chiefs. This stage of development was reached not long before European rule was established, and since then the chief's position and powers were not only confirmed, but in some degree increased, so that the Chagga tribe would not properly be classed among the democratic tribes were it not that the original features of the tribal institutions have survived and are much in evidence. While the chief was all powerful and arrogated certain privileges such as free labour, contributions and rights over life and death, property and persons, he remains at bottom the principal clan head. In his judicial capacity the chief is assisted by a council of persons called Njama, who, though not necessarily elders, are in the majority elderly men and in particular seniors of the clans. In practice we have here the same institution as the Kiama of the Wakikuyu and the Nzama of the Wakamba-even the name is almost identical-in short, the jurisdiction of the elders.

Among the Wachagga also it is the common practice to this day for the claimant to seize whatever he claims from the defendant. Whether the chief steps in to avert bloodshed or merely to uphold his own authority depends on the character of each one, and the nature of the case, but no chief regards such action in the light of an obligation . 

II. The numerous petty chiefs of the Washambaa have now little or no power, having been superseded by native magistrates appointed under the German regime. To learn the original organization of this tribe, it would be necessary to go very far back, before the time of the Vuga kings. It is probable that the small chiefs pretended to the same powers as the king held in his time, but the tribe is so akin to its neighbours the Wazigua that I surmise their institutions were much alike. The chief's judicial court was composed of assessors called Watawa and other officials who conducted the case, while the decision was pronounced by the chief alone. Notwithstanding the political and judicial power of the chief, a claimant would often obtain permission from some sub- chief to seek his own remedy by force. 

Among the Bakumbi an aristocracy by birth is recognized, and as a rule the village headmen ( Mwanangwa) belong to this class . The latter are subject to the chief, whose insignia is a round shell worn on the arm. His privileges consist in free labour and a contribution of one basket of millet from each harvest ; he has no uncontrolled power over the lives, property or wives of his people. The successor to the chief is elected by a council of persons called Banangoma, and the same council assist the chief in all matters and act as assessors in the trial of cases. Minor disputes may be decided by the village headman, but whether the trial comes before him or the chief, the decision is determined by the assessors or only pronounced by the presiding headman or chief. The creditor or prosecutor may, however, take the law into his own hands. The decision of the chief is enforced by the simple method of devastating the offender's property.

More paramount is the position of the chief or king in Ungoni. He exercised powers of life and death and to a certain extent had a right to his subjects ' wives, in that he could dissolve any marriage and appropriate the woman thus divorced. Yet he was distinguished only by the greeting accorded to him ; his only source of wealth was the booty brought to him by his warlike people . Formerly the dead chief was buried with a slave and a store of ivory. Succession to the chiefship was in the same order as that of inheritance of property, e.g. son, brother, or nephew in order. The villages are controlled by headmen who are subject to the chief and constitute the chief's council. Judgment is delivered by the chief with the acclamation of his councillors. The decision is rarely enforced, but if the losing party defied the chief he was formerly killed or enslaved. Under all circumstances, however, the claimant had full right to seize what he laid claim to of the defendant's property.

The Wabungu call their chief Inkozi. He decides all disputes and apparently without assistants. I am not informed as to whether he enforces his decrees or how, but the right is accorded to the claimant to redress his wrongs by seizure. 

The Sumbwa and Mnyamwezi have village headmen ; over these are heads of districts. Among the former this position may be bought from the chief, but they are generally members of the chief's family ; among the latter the nobility are members of the chief's family and those who govern districts ( Vasaliwe) . The Wasove people are divided into five classes of which the first two are the issue of male and female members of the chief's family respectively ; the third are the headmen or Wanzagila ; the two last are the peasants and strangers. Here also there are village headmen, though the community of the clan is a more stable association than that of the village. Over all these stands the chief ; the Msove chief wears no insignia, but is greeted with a particular formula. In Sumbwa the chief wears a round shell in the hair, an armband of lion's sinew, and two copper armrings. In Unyamwezi the chief wears a strip of lion skin bearing four round shells and worn on the head , neck and arms, also an elephant tail attached to the head. It is curious that in this tribe the women curtsy to the chief, an action I have not observed among any other natives.

In Sumbwa the successor to the chief is elected by the favourites from among the chief's sons ; in Unyamwezi, succession goes by election of a member of the ruling family, but not necessarily of a son ; and among the Wasove, succession goes to a cousin or next to a son-in-law. The privileges of the chief are : In Sumbwa tribute of five hoes or one goat, one basket of honey, a measure of grain and cultivation of a field in each district ; in Unyamwezi a payment of a small tax, and free labour. If burial rite may be regarded as a form of privilege, it is to be noted that the burial of the Mnyamwezi chief was very ceremonial, including the burying alive of a slave woman. Among the Wasove, the chief's subjects have to work for him, excepting the smiths, who pay a tribute in hoes in lieu of work.

Among the Wasove and Wasumbwa, the claimant has the right to seize the defendant's property ; in the latter tribe, however, only if he is unable to pay. In Unyamwezi, it is said that no such right is accorded . The supreme judge is the chief, who is assisted by councillors. Unlike many other tribes , this council is selected by the chief, and does not exist by right. It is said that in Sumbwa, the chief's power is greatly limited by the councillors, and that he always acts on their advice . In Usumbwa the decision of the chief must be enforced by the claimant, but if the defendant resists, the chief will devastate his property. In Unyamwezi the chief does not enforce his decree, excepting if it be one of punishment as distinct from compensation. Among the Wasove enforcement of the judgment is left to divine vengeance following on ordeal : the chief will not enforce his decision. 

It will be seen that, though the constitution of these eighteen tribes varies, there is no great variation in the character of their judicial authorities. The main difference is to be found in this, that the tribes which have evolved actual chiefship are judged by their chiefs ; those who have no chiefs recognize the jurisdiction of a council of elders. The former are in the minority, and invariably the chief as judge is assisted or guided by a council, so that individual jurisdiction is hardly known. The effectiveness of the judgment given will depend upon the power and influence of the judicial authority, but as a general rule it is no more than an authoritative establishment of a claim the enforcement of which is left to the claimant : the judicial authority neither brings offenders to justice nor enforces its decree. Almost invariably the claimant has the right to redress his own wrong ; in fact this is very frequently the ordinary method or that attempted in the first instance, and by consequence the case is submitted to trial rather by mutual agreement than in obedience to any law. As will be seen later, the judicial authority hardly takes upon itself to give a decision on facts in dispute, this being left to some such test as ordeal. Therefore the judicial authority in the main restricts itself to decision concerning undisputed facts voluntarily submitted for decision by the parties interested , and this decision will in almost all cases and in all tribes be in regard to a payment in the nature of compensation. Now at the present day in Europe a crime is considered primarily as an offence against a definite law : it is the breach of a law rather than the injury to a person which is in issue ; but in Africa it is the personal injury which counts : the injured party takes action independent of the public authority ; his redress lies mainly in his own hands, and thus the whole procedure and essence of the law bears a purely private character by comparison with ours. Under our system we cannot, excepting in rare cases, make private amends for our misdeeds, but we can for wrongs which come under the classification of civil suits, such as debts. In Africa all wrongs can be amended by payment of compensation much as though all cases were compoundable with us ; but this is principally a matter for the person wronged to decide . In Africa the injured party has, as it were, the power to convert a criminal case into a civil suit. For instance, if we regard blood- revenge as an admissible penalty on the guilty party, the aggrieved party has the right to inflict this penalty or to convert it into a civil suit for compensation, as he pleases. These are some of the salient points of variance between European and Bantu law, and they are significant if we would form a true estimate of native ideas on the subject.

It must seem that compensation was an ineffectual means for the restriction of crime, but there are aspects of this question which should not be overlooked . Actual crime in olden times would be limited almost to injury of one sort or another which was inflicted in the heat of anger by men whose minds were little capable of controlling their actions, and to them the fear of punishment would hardly be a deterrent. It must, however, never be forgotten that compensation was really an alternative, which the offender could not count on. The most effectual deterrent was the fear of private revenge, which was generally lawful and often a duty. He who offended against many had so many more to fear, and was never safe. And whether redress took the form of revenge or compensation, the burden might fall on the offender's relatives, to whose interest it therefore was to dissuade him from wrongdoing. It thus comes about that at the present day when we admit the application of the old rule of compensation we do not fully retain the essential element of primitive law, for we have eliminated the fear of revenge. 

The divergent characteristics of African and European jurisprudence are patent : on the one hand a voluntary means of redress through arbitration and induced by expediency, on the other an inexorable law manipulated by judges of decision. Once this distinction is clear to us we are capable of appreciating a certain perplexity the native must feel in regard to our handling of his affairs , and we shall understand how essential it is that as far as is practicable their disposal should be entrusted to his own tribunals. It may be objected that the native prefers the tribunal of the white man, but it must be borne in mind that it is mostly only the successful party who expresses an opinion, and under all circumstances the more intimately the court is acquainted with and guided by the native view of a case, the more surely its decision will give satisfaction. The weakest side of the native tribunal is of course its venality, not that the majority or even a large percentage of litigants fail to find justice ; but none is so well aware as the native that complete integrity in his own. tribunal is not assured, and it is here that he shows preference for the European courts . On the other hand, it must be confessed that as often as not the underlying idea of the litigant who has recourse to European courts is to derive advantage from the ignorance of the white judge. Another reason for such preference is the more absolute decision thereby ensured, but that a final and irrevocable solution is not appreciated appears from the fact that when, as invariably happens, the losing party again brings forward his case at a later date, often representing the judicial award as an arbitrary seizure by the other party, the latter as often as not omits to refute it, merely repeating the statement of his original case, so that finality is by no means ensured in our courts. Similarly, all the venality of the native court may and often does imperceptibly appear in our courts, in which case the result is, if anything, far less satisfactory than it would have been before a native tribunal.

From all this we may conclude firstly that native jurisdiction should be entrusted to their own authorities, secondly, that we must make it our business as far as possible to ensure there the utmost integrity and finality. These conditions guaranteed by us will satisfy native litigants to a degree which our own courts are not capable of achieving.

The facts of a case of recent date are not often in dispute before a native tribunal, for the judges themselves are as often as not aware of them and there remains only the rule of custom to be decided ; but the majority of disputes brought up are of very ancient origin . As often as not two men will agree to leave a dispute as to a certain claim or property because they are friendly, but later in life the friendship may cool and then come claims and counterclaims. Moreover, a claim never lapses, and consequently what A did not demand from B, the descendants of A may very well demand from the descendants of B. Thus B may accidentally have killed A's brother, but A made no claim because he was B's friend ; but his sons or grandsons will probably not omit to claim from B's descendants. Here, then , the whole matter is in dispute, because none of them is really aware of the facts in issue. 

The evidence of witnesses is in general taken greatly into consideration, but this depends largely on who the witnesses are ; for instance, as weighty as a man's evidence might be against his brother, just so worthless it would be in his favour, it being assumed that the witness is biased. To the native a trial is in this respect much like a fight : your brother may be in the wrong, but loyalty forbids you to go against him. So also it were shameful to testify against a clansman ; indeed , some natives, like the Wakamba, always seem to reckon up which of the two contending parties is more nearly allied to them by blood, family, clan, community or tribe, and they give evidence accordingly. Loyalty is simply more weighty than truthfulness, and if a kinsman denies a thing, it is not right to go against him : the blame for the untruthfulness falls on the kinsman. After many years' experience of natives I have to come to the conclusion that in nine cases out of ten in which the truth is spoken in a court, it is spoken by the accused and not by the witnesses. Therefore the native goes so much by what the contending parties say and less by what their witnesses depose to, unless these witnesses have no more interest in the one than in the other. Yet the fewest natives can conceive the rejection of a suit for lack of evidence, and there is undoubtedly a theory that it is for the accused or defendant to clear himself, it being assumed that he is not accused without any cause at all. So often I have had cases referred to me with these words, " and now we appeal to you because this case defeats us, " and invariably I have found that the defeat lies in the fact that there is no evidence at all. It will appear more clearly in the following that the burden of proof lies with the accused as a rule.

Under all these conditions it is explicable that the natives resort to superhuman devices for discovering the truth, and it may be said that in the vast majority of cases where any doubt as to fact exists, some such remedy is sought. These devices may take the form of oaths or ordeals or special tests of a supernatural nature devised by medicine men, and finally fatal curses which only affect the guilty one. It is difficult to draw an exact distinction between these various modes of discovery, and their variations are without number, but I propose merely to relate a few in order to give a general idea of the nature of such devices , and mostly I speak of my own experience.

Oath by witnesses is rare, or if administered it is mostly a mere formula, such as stepping over a stick ; or the witness submits to an ordeal. For instance, the Mkamba may step over a stick and say, " If I lie let my leg be broken," but he is not therefore more credited ; or, as among the Wabena, the accused and his witnesses are given a concoction to drink (Mwafi) which they vomit if they are speaking the truth. So among the Wakamba and many tribes the witnesses may subject themselves to the same ordeal as the accused undergoes . The contending parties are subjected to ordeal or test, but this always voluntary, though their consent or refusal will influence the decision. Among the Theraka, Wakamba, Kikuyu, Wakarra, Wazigua, Washambaa, Wangoni, Wasumbwa, and Wabungu, the oath or ordeal is always taken either by the accused alone or by him in the first instance. Among the Wasove it is taken by both parties, but by the defendant first. If the ordeal or oath is passed by the accused, the case is decided in his favour and the complainant may have to pay compensation. So compensation is paid among the Wasove, Wabena, Wabunga, Washambaa, Wangoni. Among certain tribes the ordeal may be proved by proxy ; so among the Wasove, where dogs and fowls are used ; among the Wabunga, with whom any person, preferably a slave, may be subjected to ordeal on behalf of the accused. Among the Wazigua, if the ordeal is adverse, it may be repeated by a relative, and in Usambaa, if one party is a medicine man, the other party may demand that he shall be substituted by a proxy.

The commonest test or ordeal is perhaps the licking of hot iron . I have seen this performed on more than one occasion, but I have never seen more than a slight scorching of the tongue result. I do not know how it is done in the other tribes , but in Ukamba it was performed as follows : A knife was thoroughly heated in a fire, but previously the medicine man dabbed and streaked a white powder on it. The same medicine was streaked on the man's forehead, nose, on the palms of his hands and on his tongue. The heated knife was then copiously licked with the tongue on both sides. I am told that the powder used was probably diatomite, and that diatomite is an excellent heat-insulator. Without some such protection a man could not possibly touch the knife without severely scorching his tongue, but I have seen it done without any visible results at all. The same powder is used by medicine men for many purposes ; whether they know its true virtue in these cases I cannot say, but it is obvious that the medicine man can direct the issue of the ordeal by the quantity or evenness of smearing the powder on the knife and tongue as he pleases or accidentally applies it. As a matter of fact, the Mkamba does not put much faith in this ordeal, but calls it a " witness, " and generally it is used only as a preliminary to the real or divine ordeal. The Washambaa seem to put more trust in this test, and if the accused sustains it his accuser must pay him one cow in compensation.

Similar ordeals to this are the licking of hot coals and picking an axe-head out of boiling water. It is curious to note that in Sumbwa such ordeals have become converted into formal oaths : for instance, the accused will say, " May I suffer the pain of boiling water if I did so and so, " but it is never put to the test and remains a mere formula. 

Other tests or ordeals practised on the body of the person are piercing the cheek or ear-lobe : if the needle passes through without causing bleeding the person is innocent in Usiguha, but guilty in Upare. In Uzigua another common ordeal is the smearing of a medicine under the eye : if the person is guilty the medicine penetrates the eye and smarts severely. 

The Wabena, Wangoni, Wabunga, Wanyamwezi, and Wasove use a form of test which consists in drinking a concoction or poison called Mwafi.1 This is drunk by both parties, but it is said that in Ubena originally only the accused was put to the test, and it is still often done, so that the drink is given to a fowl on behalf of the prosecutor : if the Mwafi liquor is vomited the innocence of that party is established. If both parties vomited it was in favour of the accused. If the prosecutor died thereof he was considered guilty of the charge he made, and his property was forfeited accordingly. In case of adultery, the Wanyamwezi use a test somewhat in the same nature. The suspected adulteress's apron is wrung in water and the suspected adulterer must drink this, but here his innocence is proved if he retains the liquid.

The Wachagga use a liquid concoction of another sort and with different effect. This is called Kimangano, and it seems to have an intoxicating effect upon the person, who is believed to confess to his guilt under its influence. As a matter of fact, I have ascertained that the person subjected to Kimangano does not speak entirely of his own accord, but the most leading questions are put to him and in his muddled state he is as likely as not to reply in the affirmative, which is taken to be clear proof of guilt. The custom has spread over the whole of Upare from Kilimanjaro. 

These are some of the ordeals by which the truth is put to the test on the person's own body. Other ordeals may be by articles, animals or magic. For instance, in Upare the accused is required to split a piece of wood at a particular point. In the same country it is common for the contending parties each to bring a fowl ; these are decapitated, and the party whose headless fowl flutters farthest has won. More common are avowals made under particular ceremonies or on articles endowed with supernatural virtue and which cause the death of the perjurer. Such is the Kithito of the Wakamba, which is most commonly used in disputes. A Kithito is an article endowed with mysterious powers. There are many Kithitos, and not all are equally powerful and feared in like degree. They consist of horns, banana- leaves or baskets filled with all sorts of odds and ends. The person taking an oath on Kithito should be nude. Seven stones are placed before the Kithito, and the person taking the oath must stand before it so that his heels rest on two of the stones. Holding a twig, porcupine quill or some such thing, he then taps or pierces the Kithito repeatedly, whilst making his avowal in words such as follows : " If I owe you anything let this Kithito kill me.' As a rule both parties take the oath, but it makes little difference, for the effect is the same : the one who gainsays the truth is doomed by the Kithito to die sooner or later, according to its power. Therefore it is more feared when taken by one party without the knowledge of the other, for it operates as a fatal curse of which the victim may be unaware. On the other hand, if he knows of it he may, and often does, take the risk, but as soon as he feels himself sickening he will go to the other and, on restitution of what was demanded, beg to be cured. I have, however, known the oath to be pronounced with the additional clause that if either party should consent to cure the other, he himself shall be afflicted by the Kithito, and this is much dreaded. 

Almost identical with the Kithito in Ukamba is the Kisasi in Kikuyu, though generally of different material. Kisasi are often made of clay in the form of a hollow cylinder. The one taking the oath inserts a bunch of certain herbs into the hollow. Such Kisasi are manufactured, and are not so much feared as some natural articles obtained in one way or another and inherited from father to son. One such seen, and formerly in my possession, appeared to be a lump of volcanic stone having a hole in the centre. 

Something similar to these supernatural objects are the pots used by the Wachagga of these there are comparatively few, mostly only one in each locality in possession of the chief. But these are not used for an oath between two parties so much as for cursing the unknown evil- doer. In Upare the breaking of any pot operates as a curse, and is commonly used in judicial trials. The devices for detection of an unknown offender are without number, and invariably they are in the nature of curses or witchcraft, to avert which the evil-doer may discover himself and give redress.

Actual tests of veracity may be further applied by particular medicine men, and are without number in their kind. I will only mention two which I have witnessed in Kikuyu for an example.

1. Two men were strongly suspected of a theft of cattle. A medicine man was called in, and his performance was as follows : A common lizard was produced, and after being encircled by the doctor's gourds, was held to the nose of one of the men, who was asked if he was the thief. The men denied it and nothing occurred, but when the second man likewise denied his guilt, the lizard immediately bit him in the nostril. The medicine man pronounced the first man innocent and the second an accessory to the theft but not a principal . The same test was applied to two other men, and this time so soon as they denied their guilt the lizard bit the man's nostril and hung on. These were pronounced to be the actual thieves. I endeavoured, by close observation and experiment with several persons, to discover how the trick was done, but could find nothing to explain it ; the medicine man would hold the lizard on his open palm, so that there was no possibility of squeezing or otherwise provoking it to bite. 

2. Two men disputed for the possession of a wife . The one was required to go on all- fours on the ground. A small gourd was then placed on his back, and inside this a leaf, and on it two small bottles sewn in skin. The whole was covered with the man's blanket for a few moments, and on being uncovered the gourd was found about a quarter full of blood-said to be his own and proof of his false statement. Here also I could not find out, despite several repetitions , how the blood was conveyed . into the gourd, where the medicine man had a supply of blood about his person, or how he had kept it from coagulating.

Discovery of the truth by ordeal, test , divining, witchcraft, and cursing is, so far as I know, always the business of a medicine man. In ordinary disputes it is left to the parties to have recourse to such means or not, but it seems that they are invariably applied in accusations of witchcraft as a matter of course. Mere oath without fatal consequences is not administered by a medicine man, but may include much ceremony which requires the administration to be done by elders . One such oath as in use among the Wakikuyu may be described for illustration . A sheep is killed and a piece of the meat, cut from the neck over the shoulder, is roasted on skewers of a particular wood (mugure) , on which seven bark- rings are made. Seven staffs of elders present are bound together with a bunch of leaves of the same wood, and these are waved round the fire by two of the most senior elders. The staffs are then thrown backwards and forwards seven times over the fire and the heads of the parties who sit on either side of it ; they are then laid between the parties and the fire. The parties now leap over the fire seven times, declaring the truth of their statements as they do so. Next each takes half of the meat roasted, which is cut into seven pieces but not entirely severed ; into each piece two acacia thorns are stuck. The slices are bitten off one by one, and in doing so the person extracts the thorns, saying, “ If I lie let me fall like this thorn. " This ends the ceremony ; the staffs are unbound and the fire covered with a little grass . The details of this oath proclaim a religious ceremony rather than any medicine- craft, and it is presumed that here the wrath of the spirits is invoked upon the perjurer. 

Although ordeal or oath is as a rule confined to the contending parties, on occasions witnesses also may be subjected to the same tests, but in my opinion this is only done when a witness is interested in the decision-in which case, of course, he is regarded more as a party than a witness.

A vast number of cases are disposed of by these methods among the more primitive tribes. In fact, it is generally so when an accusation or claim is entirely disputed, for the judicial authority will not undertake to decide on evidence ; indeed , it is more their duty to arbitrate than to decide, and therefore they are prone to leave decision to divine judgment. 

It is said of the Washambaa, Wangoni, Wasumbwa, Wabungu, and Wabena that they have recourse to torture in order to extort confession . Such may occur in any tribe, but it is not considered admissible among any of the tribes known personally to me, and possibly is not so among the five tribes mentioned above. 

I have heard of only one tribe with whom ordeal by duel is known, namely the Wabena, but here it is resorted to only on an accusation of cowardice. The duel is said to be fought to the death in the presence of the chief.

All the devices and methods here discussed are but a few of those in use, and are described merely as examples of the ways and means which Bantu consider justifiable and reliable for discovering the truth in any judicial matter. 

Some of these practices must appear to us as entirely ridiculous and merely calculated to defeat the ends of justice, so that we are unable to countenance them or permit their application. But we should not condemn them all too hastily, especially as long as natives retain a genuine belief in their efficacy. Let it also be considered that originally they were not intended as indisputable deciding factors in trials, for the ultimate outcome of every suit lay with the parties themselves. And in point of fact, natives frequently speak of such devices as " witnesses," according as they are considered fallible or not. One reason for suspicion as to the reliability of these tests lies in the fact that either the medicine man who administers them may be biased or the one party may risk the supposed evil consequences rather than give way, or for some supernatural reason their potency may fail, or, finally, the victim may be cured of the ill effects by the aggrieved party. Hence, although the decision may be guided by some such test, its execution need not necessarily follow, and mostly does not ensue through the judges . It is therefore only when we convert the native tribunal into a European court that the application of these means is apt to defeat the ends of justice. Nevertheless, they have their uses, partly because the one who is in the wrong may fear their supernatural power and therefore give way, knowing himself to be at fault ; partly because many are in the nature of solemn or sacred affirmations which the native will not flippantly pronounce. Not every witness in a European court is a sincere believer in the divine nature of his oath on the Bible, and yet the oath does call to mind very potently the sacred obligation he undertakes in the court. So with the native, even if he has become sceptical, the ceremonial and traditional performance of his oath, test or ordeal is not without veneration in his eyes, and we shall not be well advised if we discard such ceremonies entirely. What we must do, then, is to distinguish between the mere trick or farce , and retain whatever takes the form of oath or affirmation-a solemn warning, we might call it, that under such circumstances custom and tradition demand the truth to be spoken. With this we must teach the native judges not to rely merely on tests, but to use them only as a means for ascertaining the truth whereon they will decide. 

DEATH PENALTIES. 

With the exception of acts of blood revenge and similar forms of homicide, an actual death penalty is rarely inflicted among Bantu, and is feasible almost only among tribes who have despotic chiefs . For instance, among the Wapare, robbers were put to death in times and districts in which there happened to be a powerful chief who appreciated the advantages of ordered conditions. Another crime which frequently involved capital punishment was treason , the traitor being of course equivalent to an enemy, and therefore without rights. Thus, among the Wabena, the chief alone could sentence a man to death, but if robbers were pursued and killed bythe pursuers, or a burglar was caught in the act and killed, the chief would subsequently sanction the killing. In Sumbwa, the woman who causes herself to abort maybe put to death, together with theone who assisted her. Among the Wanyamwezi . and Wamakonde incendiarism was punished with death, that is to say, if the culprit. was caught in the act he was hurled into the flaming house. The Wanyamwezi also punished serious thefts, and in particular thefts of slave women, with death. A very serious form of theft was always the stealing of honey hives in the bush and forest, where they are of course entirely unguarded, and in Ukumba, Kikuyu, and Theraka the thief caught in the act might be killed .

Among the Wangoni it is said that a debtor could formerly be put to death if he refused to pay his debt. 

These examples of death penalties are the exception to the prevailing rule among the Bantu that a man's life could not be forfeited by his acts ; they are not general among the tribes, and I doubt if they are commonly applied in any tribe. But there was one crime which invariably was punished with death , namely, witchcraft . Curiously enough, among tribes which I know personally I have always found that no other penalty than death is known for this crime : it is not compensated as murder, and if the detected wizard is not actually killed he is at least required to take an oath or submit to an ordeal which is believed to cause his or her death in the end. But I do not know of a tribe with whom witchcraft is not punishable by death . The vast majority of natives believe that death from natural causes is the work of supernatural and evil magic. Therefore when anyone dies, or even if great numbers die, as in epidemics, the evil sorcerer is sought out by many devices , and having been found and put to various tests, is convicted and put to death. It may be considered what number of persons have lost their lives for purely childish fancies in past times. On the other hand, supposed witchcraft is practised daily everywhere, and the witch as often as not firinly believes in the power of the magic used . Nor is this always mere magic, for the native does not distinguish between the absurdest concoctions and the most deadly poisons, wherefore innumerable cases of so- called witchcraft are undoubtedly simply cases of poisoning. Other harm is done to individuals and communities through dread of supposed injury done to them, as, for instance, when on one occasion a wizard placed some perfectly harmless medicine beside a water-hole, and so deprived a whole community of their water supply for several days. Imagine, then , the futility of impressing on the native the argument that there is no such thing as witchcraft, and his amazement when a person proved to be a wizard by all the tests ever devised is permitted by the European to go unpunished and at large. As often as not the wizard died a cruel death ; in Useguha, Udoe, and Ukwera, he might be burnt ; in Usambara he was burnt or clubbed and thrown over a precipice ; among the Wapare he was speared , after which the head was cut off, or he was stabbed and thrown from a cliff. Among the Wadigo he was buried alive. A peculiarity about witchcraft is that the execution may be said to be a public execution in which the community is concerned, whereas in other crimes punishable with death it is generally speaking only a matter of a right of private revenge executed by the aggrieved party, excepting in some few tribes whose organization has developed to stable kingship . I incline to think that a death sentence was passed only when proved to the satisfaction of all that the witchcraft practised resulted almost immediately in death, or when one and the same person was proved to be habitually addicted to witchcraft. And here I must speak of a peculiar custom which may be common among many tribes, but which I am familiar with in Kikuyu and Ukamba. Among the former the word mwinge and among the latter kingolle denotes almost any kind of public justice, including force ( I have heard it used for imprisonment) , but in its extreme form it amounted to public execution. When a man had repeatedly committed serious crimes, or was a notorious wizard, so that he came to be regarded as a public danger, the assembled elders might decide that he must be put to death. In such case elders from remote parts were summoned, and the accusations made were deposed to in a form of oath, which is believed to be fatal to the perjurer. The culprit's nearest relative was then called upon to give his consent ; if he refused he was required to take a like oath that the offender would not repeat his crimes. If he consented, as he would in most cases, everyone set upon the offender, the consenting relative making the first attack by casting earth at him, and thereby cursing the victim.1 The latter might defend himself, and no claim could be made for any death or hurt inflicted by him, for henceforth the matter was never referred to again or even mentioned. I myself have experienced such a case in Ukumba. An old woman was reported to be an habitual witch and to have killed a number of children. She was summoned to a place where all the people had assembled in the bush, and her own son placed a noose round her neck, while the rest strangled her by hauling at the rope over a bough. It is my impression that this is regarded as a crime committed of necessity by the people as a whole , and sanctioned by the only one who could take vengeance or claim compensation, namely the nearest relative. Whether or not the same custom obtains among other tribes I cannot say, but I note that among the Sumbwa a family may secure itself against blood revenge by disowning a member who has committed repeated murder or witchcraft : in Upare an incorrigible homicide was beaten and surrendered by his relatives (rupture of brotherhood). In the presence of the chief, who held an arrow aloft, the culprit was stoned and driven away, whereafter anyone might kill him. Among the Wachagga also a reputed wizard might be sentenced to death by his clan and stoned by the women and children . The Theraka under like circumstances flog the offender with terrible severity (loamba) . The practice among these four tribes seems to me akin to the kingolle of the Akamba, i.e. , the killing of an habitual offender with the sanction of his relatives.

Excepting a few isolated examples of tribes with whom it is customary to kill human beings at the burial of a chief, the only other permissible taking of life is in the form of infanticide, and this is very common, particularly in respect to twins. both twins are left to die in the bush. The Banjika and Wanjamwesi kill one child only, if there are triplets. The reason given for these acts is that the survival of such infants would be unlucky. Other tribes kill cripples and deformed children : so the Banjika, among whom also the husband is entitled to kill illegitimate infants of his wife. The Wabunga drown children who are too weakly to live, and so do the Wabena. More disastrous is the practice of infanticide among some tribes, for purely superstitious reasons, as was formerly the practice among the Wangoni, Waziguha, Wapare, Washambaa, Bagwe, Wadoe, and Wakwera. The Wangoni, Bagwe, Wadoe, and Wakwera, it appears, only kill children with whom the upper teeth grow before the lower teeth. The Washambaa kill children for the same reason, also twins , children born at new moon, children who fall from the hands of the midwife, and children born in abnormal position. Not only were such children killed at birth, but they might be killed as adult or old persons, if the diviner at any time indicted them as the causers of general misfortune. Among the Wapare twins were killed , likewise children whose upper teeth appeared first, or in whom the lower incisors did not follow immediately on the upper incisors, children begotten by uninitiated youths, and any child conceived while its mother was suckling and with whom menstruation had not been resumed. Among the Waziguha the superstitious causes of infanticide were almost innumerable and increased with time, until few children survived birth, and the tribe was threatened with extermination. It must not be thought that natives who are given to infanticide are less fond of their children than others. None are more pleased that the custom has been suppressed than are the Waziguha, though superstitious fear may still induce a woman here and there to kill her infant . I recollect two Wapare who gave twin children to a Christian native because for one cause or another they were unlucky. To my arguments they had only to say that they themselves wanted to keep the children , but they knew well that so soon as any ill- fortune befell their neighbours they would at once be accused of having brought it , through these children. And if such a child years later is liable to be put to death as the bringer of disaster it must be admitted that the parents do it a doubtful kindness to allow it to survive. The originators and promoters of this evil belief are of course the medicine men. A superstition arises, and the medicine man is consulted. If he always pronounces the infant to be harmless, people will soon give up consulting him, and his fees will not be forthcoming, but if he frequently discovers that the child is evil- fated and is credited , he will always be consulted and may be sure of a good income. So the medicine men may multiply the causes, and therewith the people's faith in them. Obviously, this cannot go on for many generations, because as it is infant mortality is high enough with all natives, and gradually the tribe dwindles as the Waziguha have, and it may therefore be assumed that where infanticide was extensively practised it was never an old custom.  

HOMICIDE. 

Penaltyfor Homicide : Blood Revenge.

 When questioned as to the penalty provided by their law for the taking of human life, natives invariably speak of compensation to be paid to the deceased's relatives. But we can imagine how ineffectual such a penalty would be among men who, even if not bloodthirsty, always have little control of their passions, and who have scant if any chance at all of finding redress other than by personal retaliation. Moreover, the amount of compensation is usually not so exorbitant that the average well- to - do man cannot easily pay it, and since it is mostly paid by the family or even the whole clan, it is in effect hardly a penalty at all on the evil-doer himself. It may be said here that whenever we find native law seemingly lax or ineffectual to excess, it is to be suspected that we have either not got to the root of it or that there are underlying aspects of the law which are not apparent to us. So it is with the law of homicide, for the truth is that compensation or blood-money was formerly not the normal penalty for homicide, but rather it was a composition voluntarily accepted in lieu of blood revenge, which is now suppressed by us, and therefore not often spoken of by natives. The only tribes concerning whom I am uninformed as to whether blood revenge was the rule, are the Wabunga and Wadigo, but of these also I am prepared to believe that if the murderer was killed in retaliation no actual penalty would fall on the avengers, the two murders being regarded as a set- off against each other-provided that such vengeance was directed against the murderer or some near relative.

Blood revenge was restricted to the slaying of one person, but it naturally tended to further reprisals, and so to feuds or open warfare, which was not to the interest of the chief, sultan or king, who thereby lost subjects, and consequently intervened . And the degree to which such intervention was effectual was according to the power of these supreme authorities. Thus among the Bakumbi murderers were usually executed by order of the chief ; in Usambara the chief had power to execute or enslave a murderer who failed to pay compensation. In Ubena the right of private revenge was apparently not recognized, for here the chief decided either that the murderer should pay or be speared to death by his slave executioner ; in the latter event the culprit's property was appropriated by the chief, who awarded a portion to the relatives of the murdered man.¹ We may suspect that in view of the personal gain accruing to the chief, death penalties were common. With the Wachagga also the right of private revenge was undisputed, but was frequently simply interdicted by the chief wherever he had sufficient authority to enforce his decision.

Sanctuary was known in so far as a murderer might seek refuge with the chief, and the latter, not wishing further bloodshed , would decline to surrender the offender, so that the pursuers were obliged to content themselves with payment of blood-money. Such was the rule among the Waziguha, Wapare, Wangoni, Wanjamwesi, and Wasove.¹ In Sumbwa, however, the chief could not save a murderer if the avengers demanded the right to kill him. With all these tribes the murderer's life was forfeited at any moment before he gained the presence of the chief. Among the less organized tribes revenge was more certain to follow, because there was none to stay it . The Wamakonde killed the murderer, but if he escaped and found protection with his kindred and these refused to pay, a state of war ensued. In Ukamba, Theraka, and Kikuyu, retaliation was no offence ; the elders would seek to bring about a composition of the crime, but this depended on the voluntary agreement of both parties, and hence internal warfare between family and family, village against village, and clan against clan was so much the order of the day that no man was safe, and even to this day these ancient feuds survive to such an extent that neighbouring villagers are found to regard one another as sworn enemies. The Wakarra knew of no composition for murder or homicide of any sort blood revenge followed in every case.  

Thus it will be observed that compensation was far from being the accepted penalty for murder : either the right of revenge prevailed or this was superseded by the power or influence of the authorities, or it was voluntarily waived in favour of payment. But it is only natural that the waiving of this right was held not to be respectable, and that it would easily be interpreted as cowardly. It is , therefore , quite wrong to speak of murder as a matter of compensation merely. 

The right of blood revenge is inherited and becomes more or less obligatory on the rightful avengers. In general it is exercised by the whole or any member of the family, but custom among certain tribes specifies the particular relation on whom this duty devolves . In Useguha, Ungoni, and Unjamwesi the next male relative is the avenger, in Sumbwa the father of the deceased , in Bagwe the brother, or in his absence any male member of the family. In Ukarra a woman who is a mother is avenged by her brother or his son , a father is avenged by his sister's son, a child is avenged by mother's brother, and a brother by his brother. Father, child , and husband have no right of revenge, but whether or not it would be unlawful for those or other relatives to take blood revenge I cannot say. I rather suspect that it is more a matter of obligation than of right.

So far as I am informed, vengeance could be inflicted on one person only, and when it is related that among the Wachagga the murderer and several of his relatives were killed , this simply meant open warfare , just as among the Wamakonde. Elsewhere the rule was as follows : in Upare any clansman could be slain ; in Useguha, if the murderer could not be found, any member of his clan or locality could be killed ; in Kikuyu, Sumbwa, Unjamwesi , and Ukamba, near relatives only, and in Bagwe only a brother ; in Ungoni the murderer's wife might be slain if he was not to be found, while in Ukarra and Unjamwesi only a male for a male and a woman for a woman could be killed ; in Unjamwesi it must be the murderer's sister .

With the infliction of retaliation the crime is expiated and further murders were not justified . How strictly this provision may be observed is indicated by a curious custom of the Wakarra : if a man is seriously injured , the person by whom the injury was caused is held captive and subjected to rigorous treatment until the injured man recovers, but should the offender die while in captivity, his relatives have the right of blood revenge, notwithstanding that the other party was acting by right .

Probably among all tribes there were occasions and seasons when blood revenge had to be stayed for religious considerations ; thus in Sumbwa, during the month called Kwera, in which the chief sacrifices to his ancestors. The Wakikuyu also have certain periods when rain sacrifices are offered, and during these no man may touch the earth with iron, ¹ and I conjecture at such times blood revenge is equally unpermissible.

Blood- money.

I have mentioned before that where blood- money is agreed upon it is mostly paid by the family or clan. Among the Wakamba, Wakikuyu, Theraka, Wapare, and Wasove, the greater part is paid by the clan ; in Useguha, Bakumbi , and Sumbwa the family pays, and the Wachagga say that the family usually subscribed, but that they could not be compelled to do so, though it followed as a matter of course that if they wished to be preserved from a continued feud they must subscribe whatever their offending kinsman either could not or would not pay.

Blood-money is paid to the next of kin as representative of the family, but is generally distributed by him to the various relatives of the deceased . In Useguha the female relatives receive a share. In Theraka, Ukamba, and Kikuyu, I have found that the actual recipient retains only about a quarter of what is paid. 

It will be seen that just as blood revenge is not restricted against the culprit only, so blood-money given in place of revenge is paid by and to the respective families . Homicide is , in fact , a crime which concerns the whole family or even the whole clan on both sides ; the clan and family have been weakened by the loss of a member, and this is a loss which is felt beyond the circle of immediate relatives. In this respect murder is treated differently from all other crimes , and has probably retained a significance surviving from the most primitive times in that it reflects so vividly the individual solely as one of the family group or clan .

Manslaughter and Accident. 

In the Rombo area of Chagga Land I was told that in the case of premeditated murder blood revenge always ensued, and it seems natural that when it lay with the aggrieved party to reject compensation they would be the more inclined to do so in the case of deliberately premeditated as well as unprovoked murder. Perhaps such cases of homicide were more common in former times ; at the present day it must be said that they are rare. The great majority of homicidal cases are the result of sudden quarrels generally arising over beer drinks. But excepting as the aggrieved party may be influenced by the motive to compound the crime, few tribes make much difference between one form and another of homicidal acts : even accident is not always a mitigating consideration, though in such case settlement by compensation is more or less ensured. But very convincing proof will always be required , and it may be said that the onus of proving that it was accident lies with the offender. Of the Sumbwa, Bakumbi, and Wakarra, it is said that whether death was caused accidentally or not, blood revenge is always inflicted ; in Sumbwa even if it was done in self-defence. The same is the rule in Kikuyu and Theraka, indeed the law of these two tribes goes so far as to make a man liable for compensation for accidentally killing a man whilst attempting to save his life, as, for instance, inadvertently spearing a friend who has been seized by a lion ; even for striking a corpse or inflicting a slight injury in course of a fatal fight, a man is liable for half or a quarter blood- money, while in Ukamba the penalty for striking a corpse is full blood-money. In Unyamwesi accident is admitted in practice only if eye-winesses can testify to it, but killing in self- defence is lawful. In Ubena and Ungoni accident is never taken into account, but killing in self-defence is lawful in Ubena, excepting that one cow must be paid to the chief for loss of a subject. It is said that the Wamakonde in theory do not punish unintended homicide, but that accident is never admitted in practice. In Upare only a small payment is demanded for unintended acts generally, but I am not certain whether this applies also to homicide especially, because in cases of other hurts only the injured person can declare his readiness to believe that it was not wilfully done. Among the Waziguha, Wadigo, and Wachagga, reduced blood-money is paid for accidental killing ; in Useguha killing in self- defence is not punishable. In Ukamba accidental killing is called Mbanga, and is punished by payment of half blood-money. The Pare term Mbanya for accidental killing is obviously the same word.¹ In Kikuyu the term Mbangu has a different meaning, namely, death caused not directly by any person, but by his property ; as, for instance, by a ferocious bull or the fall of a beehive from a tree. In such cases the article or animal which was the cause of death is given to the deceased's relative, but in the Kyambu section of Kikuyu half blood-money is paid ; nothing, however, is due in Ukamba, and in most parts of Kikuyu, unless the person killed was employed or directed to handle the article or animal.

The Wachagga informed me that no compensation is payable in such cases. I regret that the question has not been investigated elsewhere, but a somewhat similar practice obtains among the Wamakonde : here full blood-money is five to ten slaves, but if, for instance, a guest is burnt to death in his host's hut, or if a man were to send another to climb a tree, and the one sent were to fall and be killed , one slave must be paid, provided that such deaths were not caused by sheer folly of the victim himself ; in the latter case the host or employer will demand a small fee for purification of his village.  

 page 240

BOOK NAME: THE JOURNAL OF THE ROYAL ANTHROPOLOGICAL INSTITUTE OF GREAT BRITAIN AND IRELAND.

PUBLISHED: 1921

By the HON. CHARLES DUNDAS.

ANCIENT HISTORY FROM SWAHILI SOURCES

THE following histories are culled from old Pate records. They were communicated to me by Bwana Kitini who is a direct 'descendant of the Pate Sultans, and looked on locally as the authority on historical matters . For some reason or other I was not allowed access to the original documents, except one relating to recent Zanzibar history and evidently not much prized.¹

My informant, who, like most Orientals, had a prodigious memory for learning by rote, 2 made notes and visited me daily for some months. I wrote the text down from his dictation and subsequently translated it as literally as possible.

The reader must please pardon the peculiar phrasing sometimes adopted so as to keep as near as possible to the Swahili.

The beginning of these coast towns, 3 he who first made them  was a ruler called Abdul Malik bin Muriani. The date was the seventy- seventh year of the Hejra. He heard of this country, and his soul longed to found a new kingdom. So he brought Syrians, and they built the cities of Pate, Malindi, Zanzibar, Mombasa, Lamu and Kilwa.4

After that Abdul Malik died, and his sons who reigned did not care for the work of founding towns, and so they left them.¹ Now Abdul Malik's tribe was the Bani Omaiya, and of these fourteen kings reigned. After this the Bani Omaiya dynasty went out, and there ruled the Bani al Abbas. The third of this dynasty was Harun al Rashid, 2 who reigned in the year.

This Sultan heard that Abdul Malik had built in Africa, and he was pleased to call people and give them much wealth where with he sent them to build houses on the coast. The people he sent were Persians.

In the year 601 came the Nabahans to the coast coming forth from the Oman (Maskat) . Now the origin of the Nabahans leaving the Oman is this. In the beginning at Maskat four tribes ruled. First reigned the tribe called the Kharusi. After that they were robbed of their kingdom by the Nabahans. A Nabahan Sultan called Imam 3 Muthafar took the kingdom and ruled over the whole of Oman. After him came his son Suleiman bin Muthafar, and then the latter's son Suleiman bin Suleiman.

Then occurred a quarrel between the Arabs and the Nabahans amongst the two tribes of the Henawi and Ghafir. Then the Yorubi fought the Nabahans and they gained strength and defeated the ruling Nabahan . So he went forth and fled away and came to the Sawaheli 4 coast with some of his tribe, whilst others went to Jebel Riami ; they are there at Riami until now, He who went to the Sawaheli coast was he who had been Sultan of Maskat.

He landed at Pate and the inhabitants of Pate were those people who had been sent by Khalif Abdul Malik bin Muriani. So he remained in Pate with his people for he had arrived with many men and ships and much wealth. Presently they sent gifts to the chief of Pate and to every big man in Pate they made a present, and even to the small men of the town. they gave goods. Then the people, both great and small, perceived the goodness of the Sultan who had come from Maskat.

After this he went to Is-hak, the chief of Pate, and asked for his daughter in marriage, and Is - hak gave him his daughter and he married her, and he rested with her the seven days of the honeymoon.1

On the seventh day he came forth and went to see his father-in-law. When he came Is - hak said to him, " Your marriage portion is the kingdom of Pate." So Suleiman ruled, and he had a son by that woman and he called him Muhammad.

Till in the year 625 Suleiman bin Suleiman died, and  his son Muhammad bin Suleiman ruled and took possession of all his people, his wealth and his soldiers. It was he who first took the name of Sultan of Pate, and this by right, for his father came forth from their country bearing the title of Sultan.

The people of Pate loved him much for his own goodness , and because he was a child of the town, for his mother was of their kin .

Now Sultan Muhammad remained with them twenty-five  years, and then he died leaving three sons , Ahmad, Suleiman, and Ali .

It was Ahmad who took his father's place. The townspeople, those people of Pate, wished to make trouble, and so they said to his brothers Suleiman and Ali, " Why does this one take the kingdom ? Do not consent to it. "

So rebellion was stirred up in the country and the towns-people then went to Sultan Ahmad and said, " These brothers of yours are makers of mischief. ”

So discord arose between them, Suleiman and Ali on, one side , and Sultan Ahmad on the other, but Sultan Ahmad was together with those people whom his grandfather had brought from Arabia. Now these people of Pate purposely egged them on one against the other, so that they should waste their strength and then they might get back their country, for they regretted the arrangement made by their elders giving the kingdom to the Nabahans.

Sultan Ahmad's mother was a Pate woman, and she said to her son, " Understand that you must go and agree with your brothers . This is for your good, for my relations, the people of Pate, design to urge you on one against the other, until such time as you may expend your strength. Then they will turn you out and retake their country that its greatness may be restored to them.

" So you, myson, take my advice, and come to an agreement with your brothers here to- day. "

Sultan Ahmad called Ali bin Othman bin Sef bin Muthafar, an old man who had been with his father, and sent him to his brothers according to the advice his mother had given him. So Ali bin Othman went to Suleiman and Ali , they took his advice, and he brought them secretly by night to their brother, and the Pate people had no knowledge of this . Till in the morning when day broke they perceived that there was no longer war in the town.

They knew then that their plan had failed, and so they went to Sultan Ahmad and said to him, "We rejoice exceedingly that you are acting as a guardian to your younger brothers-it is indeed good news. "

Then they went to those brothers and said, " And for you to own allegiance to your elder brother is indeed proper. " In those days lived a man who strung some verses symbolical of the wiles of the Pate people which began, " The Pate people weave discord, then it is unravelled and they ask, ' Who is it that began the quarrel ? ' ”

So Sultan Ahmad lived in accord with his brothers, and placed many soldiers in the country, and enriched his subjects . The Pate people seeing this, gave allegiance to him, and peace came

to the country and he made it prosper. He benefited that country much, making plantations, digging wells , building stone houses , and sending expeditions by land and sea, till that country flourished exceedingly.

In the year 690 Sultan Ahmad died, leaving two sons, Omar  and Muhammad, and two daughters, Mwana Khadija, and Mwana Mimi.1

Muhammad bin Ahmad reigned , the third of the Nabahans, 2 and this Sultan was the first who was called by the name of Bwana Fumomadi, ³ and he was given the name of " The Great. "

This Sultan was a very fine man, both in appearance and disposition ; he was moreover very generous . He still further established the country and conquered the whole island of Pate, and fought with the people of Shanga, a country near Pate on the side of the rising sun. This country, which is even nearer to Siu, he conquered in war, plundering it and killing the males. The youths and the old women and maidens they made prisoners.

There was a maiden sitting on the ground grinding frankincense, and a soldier entered and seized her, intending to rob her of her goods and clothes and make her a captive.

This maiden said to the earth, "Open, that I may enter, " and the earth opened and swallowed her up, leaving only the border of her upper robe above ground. Now this is the truth, which has been obtained correctly from the people of those days who beheld the miracle, for this maiden was a God- fearing person .

That soldier, when he sawthat, gave up the profession of arms, for he perceived that this calling did not lead to great things , saying, " I am a soldier and I am unable to say to the ground

Open, that I may be swallowed up. ' Even my Sultan is unable to do this thing. This maiden is able to do this because she obeys her Master who created her. I also will obey him truly. "

So this soldier led a devout life until he died.

Sultan Muhammad when he heard the news about this damsel went to the place and there saw the border of her garment. He tried to dig her up but was unable, so he built a shrine over the spot to honour her as a sign to posterity.

That soldier he put in the shrine to live there performing the services, and to light the lamps at night, and pluck up the grass growing in the doorway.

When their father died , his sons tended the mausoleum, and their tribe was the Watui, but now there are no more of that tribe.

After Sultan Muhammad had conquered the country of Shanga, trouble arose between him and the people of the country originally called Rasini, but which is now called Faza.

So he made war against them and they fought together for many days. And it came to pass that the people of Pate were unable to go outside the town to draw water after the sun had risen for fear of those people of Rasini.¹

For it was the custom of those people to arrive daily as the sun commenced to mount in the heavens.2 Till the women in their houses used to tell their slaves , Go quickly and draw water before the sun mounts and those of the mounting sun have come. "

So the people of Faza (or Paza) were called " those of the mounting sun. " This is the origin of the word " Wapaza, " for after a while the word " sun " was dropped out, and they were called "those of the mounting (= Wapatha in Pate Swahili) . After many days had passed the name of Wapaza stuck to them.

Later on when the country of Rasini had been taken by the Sultan of Pate, it remained uninhabited till the Watikuu came asking for a place in which to settle. The Sultan of that date told them that they could have the place of the Wapatha. That is why they are now called Paza (or Faza) .

Now after the Sultan of Pate and the Sultan of Faza had warred together many days they made peace with each other and agreed each one to remain in his own country.

Then Bwana Shakwa, the Faza Sultan, married his daughter to Omar, the son of the Sultan of Pate, and they lived together at Faza for many days.

After that Omar took his wife and brought her to Pate secretly. When the girl's father heard in the morning he was very angry, and his son followed after his sister with a big expedition and came to Pate.

Omar said to his brother- in- law, " There is no need for you and me to quarrel, for your sister herself wished to accompany me her husband. So you go your way and she will rest here seven days and then I shall send her home."

The Sultan of Faza's son returned home to await the agreement made with Omar, but after seven days his sister had not come back, and he was very angry and swore to conquer the country of Pate .

So he warred again against Pate going and returning daily for many days, and every day as the sun mounted the heavens at nine o'clock, the people of Faza had come, and the people of Pate were no longer able to leave the city to draw water.

So they fought for many days, the people of Faza coming to Pate, and at other times the people of Pate going to Rasini. Then the Sultan of Faza's son registered a vow not to shave his head 1 till he had entered the town of Pate. So he went many times to fight at Pate till one day fortune favoured him, and he entered the city of Pate, seizing a whole quarter of the town. Then he had a chair placed outside the mosque and there his head was shaved, and so he consummated his vow.

Meanwhile they were still fighting and the people of Pate held out in one side of the town, and they took counsel of a sage who said to them, " Do not go now into the fight, but wait till two o'clock has passed . If you fight then you will drive them out of your country, but you must follow them and kill of their number in the way, and retake your property which they have looted till they reach their home, when you will take their town also."

Now the Rasini people when they had captured part of the town were content to rest and loot, thinking that they would take the rest of the city when the sun had declined .

When two o'clock was past the people of Pate fought them and turned them out of the town, for they were carrying much loot and were unable to fight. So the Pate people followed them till they reached the town of Paza. The Rasini people entered the city and barricaded the gates while the Pate people besieged them closely, so that a man might not come out or enter in.

They besieged them for seven days, and each day they were losing strength by reason of lacking water to drink . Now in the town of Faza was one of the captains of the troops called Haji Mwetha, and he said to the others, "My fellow captains, if I tell you my plan will you follow it ? " They answered, "We will follow it."

Then Haji Mwetha said, The reason that the Pate people drove us out of their town was that we found ourselves amongst their wealth , and they fell upon us when we were unable to fight because of the loot that we had taken.

Now my plan is to make a small breach in the wall and leave one part of the town for them to loot. When they see our property there together with the things we have taken from them, they will leave off fighting and remain there.

We shall remain with our women and children in the other part of the town, and when they withdraw with their loot we will fall upon them. The way out will be narrow so we shall kill and capture them and retake our property."

So the people of the town took his advice and they broke part of the wall.

When the Pate people saw this the chiefs and ameers said to the captains and soldiers , " Do you perceive this matter ? It is a ruse, so now everyone who enters the town must seize neither thing nor person. Everyone he meets he must smite whether it be man, woman, or child, and when we have finished conquering the town we will obtain all their property. Any people who are then left we will make our slaves . "

So they acted on this advice and entered the town smiting all they met with.

When the people of Faza looked on the faces of those who had been killed, they ran away and wished to open the gates and fly, but the Pate men had surrounded the whole town so there was no way out.

They then desired quarter, but the people of Pate refused to give quarter except to those of them who had friends amongst the people of Faza ; each man seized his friend and the remainder they killed or made slaves . The town and the houses they broke up leaving neither thing nor person.

For this reason the Swahilis say to anyone who gives advice which is not good, " Your advice is like the advice of Haji Mwetha."

From the day that the town of Faza was destroyed no man lived there till the coming of the Watikuu, ¹ and the only inhabitants left alive were those who were made captive and men who were not present at the fight such as fishermen and those on a journey.

Even to- day there are descendants of these at Siu , Amu, the Mrima, Zanzibar and other places and they call their tribe the Mafazii.

Later on the Sultan Muhammad of Pate pardoned the captives and they were scattered abroad, every man living where he pleased .

Sultan Muhammad conquered the island of Pate from Yaya and Shanga as far as Mtangawanda-that is the length and breadth of the island . After that he sent expeditions to Kiwayu and Ndao, and the people of Kiwayu, when they saw the strength of Pate, did not fight with them but declared allegiance to them and paid tribute to them. Each chief man of his tribe had to give a slave and twenty dollars to every Sultan of Pate, and if there was any matter or case they sent written petitions to the Sultan who ordered their affairs for them.

When the people of Kiwayu made allegiance to Pate they became soldiers of the Sultan, and the Sultan fought and conquered all the countries beyond Kiwayu, viz .: Kiunga, Tula, Koyama, Kismayu, Barawa, Marika and Mukadisho . He installed a governor at Mukadisho 1 for in those days this was an important place.

After conquering all these places Sultan Muhammad died in the year 740, and his son Sultan Omar (Fumomari) 2 reigned. It was he who fought the towns of the coast, Manda, Uthiwa, Komwana, Malindi and the Mrima and Kilwa till he came to Kirimba. 3

Now the Sultan of Manda,4 when he saw that the kingdom of Pate had become great, wished to place a governor over them, for before the coming of the Nabahans Pate used to be under his rule. The people of Pate did not agree to this and so trouble arose between them.

Till during the north- east monsoon if a man was building a vessel in Pate harbour, when he hammered a nail to drive it into a plank, an order used to come from Manda, " The master is sleeping ; do not make a noise. " 5 It came about that a person was unable to work at boat- building save morning and evening.

To this the Pate people did not agree, so war arose between them and they fought together many days.

Till after a space of time had elapsed one day the elders of Manda were sitting in council, all the big men of the town, every tribe with its representative. However, one of their head men, Bakiumbe, was not present, for he had gone to sea fishing and they had not told him that there was to be a meeting.

So all the elders assembled except Bakiumbe and someone said, " Let us wait, " but others said , " There is no necessity to wait for him; these words are not for fisher folk but for elders."

So they transacted their business , and when Bakiumbe returned from the sea he was told of this matter by his relations, for he was the chief of the fisher- clan. Then he spoke and said to his clan, " These men have treated us fishermen as lowly folk like unto slaves, and we are all as well bred as they, save that every one follows his calling. This one hoes, another is a smith, and another a palm-tapper. This is our town and every one has his house, his property and his dependants. I will make a plan that I may pay back this insult that has been offered us till even those who come after us will not be able to scorn a man again.'

Even to- day if there is an assembly people will speak together, and if one man is left out they say, "Do not leave out oneman from amongst our people for he is our brother even though he is a lowly person. Did not Bakiumbe break up Manda for this reason, choosing to leave his property and his children. without leaving even his name to the end of the world." 1

Now this is the story of Bakiumbe and what he did. After having heard about the council he took his canoe and went over to Pate and demanded private audience of the Sultan. Then he said to him, " I want to give you the country of Manda without trouble or war and with but little expense . Will you follow my advice ? " The Sultan said to him, " I will follow it ; tell me what it is."

Bakiumbe said, " Whenever I ask for ambergris I want you to give me the amount I ask for. About the third or fourth time I will give you the town of Manda."

The Sultan of Pate said to him, " I have agreed, but you, for what reason do you desire to break up your country, in which are your children and your property ? Tell me your reason that I may recognise for myself whether it be true or false."

Bakiumbe related to the Sultan the whole story of howhe had been treated by the elders of Manda. At that time the Sultan knew truly that he would do as he said, for he was seized with anger, and if a man is seized with anger he loses all wisdom.

So he consented and gave him the ambergris that he required .

Bakiumbe set out and when he arrived at Manda it was late at night. He knocked at the gate, but the officer would not open it ; because of the war with Pate all the gates of the city were closed at night. So he slept there outside, and the ambergris he put in his fish basket and poured water over it . In the morning he was permitted to enter and he went to the Sultan of Manda and gave him the ambergris .

The Sultan said, " Why did you leave the ambergris to get wet and why did you put it in your fish basket ? "

Bakiumbe said, " I came last night and when I knocked at the gate your officer would not open it for me. This is my reason, for I slept on the shore and did not get a receptacle to put it in, so I poured out my fish and put this ambergris in my fish basket. "

So the Sultan said to him, " If you get any more bring it to me and I will treat you very well ."

Bakiumbe said, " I want permission to enter the gates at whatsoever time I shall come and you must tell your door-keeper to open to me. So if I get any at any time I will bring it to you, for you are my master and my Sultan, and at whatever you give me I will rejoice exceedingly." 1

So the Sultan agreed, and Bakiumbe was glad in his heart, saying, " I have already attained my desires."

Then he remained for the space of one month and again he brought him ambergris bigger than the first. After that he remained more than a month and brought him some again.

Then he waited more than three months and again he brought him a piece.

After this he went to the Sultan of Pate and said to him, " Make ready-the work is finished . To-morrow night at two o'clock I will come to fetch you. Have soldiers ready, a few I shall take myself and many must follow behind me."

They arranged after this manner till , when night had come and two o'clock was passed, Bakiumbe went to the Sultan of Pate and found soldiers ready as he had desired.

He took them and came with them to Manda, and coming to the gate he knocked . The officer of the watch thought that this was Bakiumbe coming according to his custom with ambergris for the Sultan.

He unfastened the gate, and Bakiumbe entering with the soldiers seized the guard and killed them and straightway went to the Sultan's palace while other soldiers seized the gates of the city.

The Sultan, when he heard Bakiumbe's voice, descended from upstairs and said to the door-keeper, " Open quickly, for this is Bakiumbe," and his heart was exceeding glad.

When the door was opened Bakiumbe entered together with the Pate soldiers with naked swords held ready. When the Sultan saw the swords he wanted to run away, but there was no way in which he might run.

The soldiers struck him and killed him together with those of his people who were there in the house. The people of the town heard shouts so they came to the house of the ruler of the city . When they came, they met the people of Pate who had already seized the house.

Other people went to the gates, but the Pate men had already seized them.

So when dawn came, the townspeople had made no plan for assembling together or fighting because wherever they went they found Pate men already in possession . Thus it was that Pate conquered the country of Manda in one day, and when it dawned they seized as prisoners both the men and women, and all their property, silver and gold.

Now the Manda people had many gold ornaments, for which reason they were called Wavaa ng'andu " 1 (the wearers of gold) .

So Pate obtained much wealth, and they took both property and prisoners back with them to their city. troops went on to Taka and broke into the city.

The people of Kitao, when they heard that both Manda and Taka had fallen, sent their elders to Pate to sue for peace.

The ruler of Kitao was a woman called Mwana Inali . When she heard that her elders, fearing war, had gone off to sue for peace with Pate, she said, " It will not do for me to live any longer. There is no cause that I should await the arrival of the Pate people, for they will kill me or make me captive, and treat me with every kind of abasement. Therefore it is better to die first. "

So she arose and put on her gold ornaments, pearl buttons and ancient jewellery, and went out behind Cape Kitao, and threw herself into the sea.

When her people heard that their Queen was going down to the shore, they followed after her, but did not see her again ; even a sign of her clothes or body they saw not.

This is the story of Kitao, Taka, and Manda, and the people of Pate took prisoners of the two countries Manda and Taka, but the people of Kitao got peace because they made allegiance to Pate before the war reached their country.³

So they were left in their country, but everyone who cultivated. land had to pay three loads of produce for every gang of slaves.

Since that time the Sultan of the Nabahans taxed their subjects a kikanda (about 180 lbs . ) for every gang of slaves,¹ and who first made this tax was Sultan Omar.

Now the captives of Manda were taken to Pate and put on the east side of the city, and a wall was built round making it one with the city of Pate.

This quarter was called " Weng'andu " 2 by reason of those people, " the wearers of gold," being there.

Now at the time of the building of the wall of this quarter the captives, both men and women, were made to carry the stones.

There was one woman of the people of Manda who refused to carry stones, so a soldier beat her and that woman wept. There was a second Manda woman there and she said to her, "Friend, do not weep," and then she said the following couplet :-

{When we were at our home in Manda it was we who were doing-to - day if we are done to, why should we refuse ? They give us the wall to build winding hither and thither ; all day it is quarrelling-we get no respite.)

So the people of Manda lived in the quarter of Weng'andu ; this is the account of them till at last they were sent to Shela by Sultan Abubakr ; its history will be related further on.

So Sultan Omar reigned on the coast, it was he who was the Sultan to conquer Manda, Taka, Kitao and Emezi on the mainland and Tukutu. After this he fought Mea, Kiongwe and Komwana and the seven towns between Komwana and Shaka.1

The Sultan of these latter towns was called Liongo, 2 and he subdued the country from Mpokomoni to Malindi , and this district was called Ozi . Now Sultan Omar fought with these towns for many days, and when he perceived the difficulty of taking them, he went to Magogoni, the harbour of Tukutu, and stayed there.

Every hour he sent out an expedition and he remained at Magogoni fifteen years till he got a son called Ahmad.

It was this son who finally overcame the towns of Ozi, and then sent the news to his father. So his father returned to Pate and then he went and fought Malindi .

When he and his troops reached Malindi there was a Godfearing man who invoked Allah against them so that the Pate soldiers became sick.

So they returned to Pate and Omar said to his son, " Now rest till we have seen about this sickness . "

So they rested, and after that the people of Malindi came to offer allegiance to the Sultan of Pate, and so they remained seven years without war.

Afterwards Sultan Omar collected many troops and made many ameers, and passed over to the mainland to go and fight against the towns there.

They passed on to Malindi and traversed the country in peace and then came to Mombasa. travel abroad again. His mother said, " Ah, my son, do not travel again. You have been greatly afflicted, why do you want to travel ? Money to spend is here ; if you want anything or any matter, tell me."

He said to her, " I want neither thing nor matter. My soul longs to travel, and if I do not get leave from you, my father and mother, I will travel away as best I can. "

As they were unable to stop him they made up a fleet of seven ships for him, and he voyaged away and wrecked all his ships. He returned alone, and he had nothing and no one with him.

His father and mother said to him, " Now you will not be able to travel any more." So that youth stopped at home a year, and by the second year he had no more desire to travel by reason of the trials through which he had passed.

Till one day he went to the bathroom at night and saw a cockroach climbing the wall . When it had climbed a little it slipped down, then it rose up again, and again it slipped down. But it rose a third time and climbed up till it reached the top and passed out of sight.

That youth said, " I have been outdone by that cockroach, for it fell twice and tried a third time. I was not able to try a third time. God has sent it to teach me a lesson. I must set forth again. "

In the morning he said to his parents, " I must set out again, and this time I want much wealth with me. If you do not give me a fleet according to my wishes you will not see me again. "

His parents and his relations and friends all besought him not to travel again, but he did not agree. When his parents found that they were unable to prevent him, they gave him a fleet according to his wishes.

So he set out and arrived in India where he traded and made much profit. During the return they were lost at sea for many days till from the vessel on board of which he was they saw an island near them.

So they disembarked as they were in need of water, and that youth wished to rest from the discomforts he had suffered . He lay under a tree and told his servants to cook his food and bring it him there.

They sat down to cook, and when the fire blazed up they saw the sand of that place melt and run away. When it had gone a little from the fire it cooled in separate little pieces .

The cooks told this to their master and he came to look at it and recognised what it was. However, he only said, " Cook food quickly," till after he had finished eating he called the captain and sailors and said to them, " Do you recognize here that our home is near ? " They said, " We do not know this place, we have now come to this island for the first time, nor have we before even heard tell of it. "

He answered, " I have made a plan ; will you follow it ? " They said to him, " Whatever you desire, that will we do. " So he said, " I want to unload our food and everything we have on board leaving food and water for fifteen days only. Whatever is over and above this let us leave behind and let us load up our ship with this sand till she can carry no more, for this sand is silver ore, and we cannot help getting from it a return greater than from these other things we are carrying . "

So they took his advice and unloaded all their goods and filled up with sand for three days till the ship could carry no more. They sailed away, and on the third day they met a bad storm and lost all hope of escape . The sailors jettisoned the sand till , the boat was half empty, that youth stopped them, saying, " Have patience first. ".

Afterwards they got a safe and favourable wind and arrived home. When they arrived they found that those other vessels of his had arrived first, and on shore was a mourning for him.

He said to the captain and sailors, " I want you to hide the news about this sand till I know truly if it be silver ore, for if it is not so people will think me a fool, throwing away wheat and food and loading sand. " They said to him, " Very good . "

So the youth landed with great joy and his parents were overjoyed to see him.

He rested for three days, and then at dead of night he brought some of that sand and put it in a store in his house.

Then he called skilled workmen and showed them a little, and when they made an ornament out of it they found that it was very pure silver.

Now it was at this time that the Portuguese arrived in Pate, and first they came in friendship .

Afterwards he showed the ore to the Portuguese and they asked him where he got it . He told them the story from first to last because of his joy when he knew that it was real ore .

Those Portuguese wanted him to show them the spot, and they went together with the captain and searched for six months and returned again without finding it.

When he arrived back in Pate he found that Sultan Muhammad had died, and that his father Abubakr was now Sultan . The name of that youth was Bwana Mkuu.

So Sultan Abubakr reigned in the year 825.

The Portuguese came and they stayed at Pate and Dondo and they were in friendship with Sultan Abu Bakari ( Swahili for " Abubakr " ) . Their influence grew great in the town of Pate, and they taught people how to excavate wells in the rocks by means of gunpowder.

The Portuguese built houses on the rock and made an underground passage to Pongwa rock.1 For a long time they lived together in friendship and traded with goods and every kind of thing.

The Portuguese said to Abubakr, " Your kingdom is very great, but there is no profit. Why do you not make taxes ? "

So they made a customs house at a place in Pate harbour called Fandikani ; in the language of the Portuguese it means 66 customs. " 2

Afterwards Sultan Abubakr died in the year 855. The Bwana Mkuu reigned and he had much wealth, and traded much till the whole country of Pate became very wealthy.

They made large houses and put in them brass lamps with chimneys, and they made ladders of silver to climb up into bed with, and silver neck chains. Into the pillars of the houses they beat silver studs and nails of gold on top of them.

The Portuguese lived on the coast and they set in order Dondo and Mombasa. Their governor lived at Mombasa, and there they built a fort which is there to this day.

So Bwana Mkuu reigned without falling out either with the Portuguese or with his own subjects .

In the year 903 of the Hejra he died, leaving seven children, of whom Muhammad reigned, and he was called Bwana Fumomadi the Second. There came about trouble between the people and his brother, a Nabahan called Bwana Mtiti, nephew of the Sultan Omar.

They made war and defeated him, and so Sultan Muhammad reigned at peace with his subjects . He set the country of Siyu in order ; this place was there before that time, but it had no power.

At that time was the beginning of the Wafamao coming to an agreement with the Portuguese governor ; some accounts say that the Wafamao are Portuguese, and other that they are the Arabs originally sent by Abdul Malik.

That was the origin of the Siyu people.

Now they are called Swahilis and their clan is the Banu Sadi.

Afterwards trouble arose between the people of Siyu and Pate by reason of Portuguese intrigue. They fought together and Siyu was defeated, and the town broken into. Their chief went and complained to the Portuguese and they came and made peace and took the prisoners who had been made and returned them to Siyu. So they stayed in allegiance to Pate.

In the year 945 Sultan Muhammad died, and Sultan Abubakr, son of Bwana Mkuu, reigned.

Now at this time the Portuguese conquered the whole Swahili coast. They instituted a tax, and afterwards their subjects would not agree to the tax.

Sultan Abubakr was of one accord with his people, and strife arose between him and the Portuguese. The Portuguese came and fought with Pate, and the people of Pate were grievously afflicted.

Now at that time there was a Sherif 1 of Arabia in a country called Inati . So the Sultan of Pate sent a man to desire his supplications, for he was a very holy man, saying, " Pray to Allah on our behalf that he may deliver us from our enemies." When he went to him, he gave him his two sons, and they were brought to Pate.

He said, " The Portuguese will not get your country again by the grace of Allah." So his sons came and settled at Pate and married there. It was after these Sherifs that the quarters of Sarambini, Inati and Shindoni were named, for these were the names of their houses.

Now at that time the ships of the Portuguese came round the Cape and they attacked Pate and afterwards there was a truce for six months .

The Portuguese always came during the season of the greater rains, and this time, after the six months' truce, they came in great strength and stationed their ships in the neighbourhood of Pate. There is a small island near Pate which even to- day bears the name of Shaka Mzungu (the white man's Shaka) because of the Portuguese staying there.

They seized also the harbour of Mtangawanda and Shindakasi, and they blockaded the island of Pate, landing by way of Shindakasi . They fired cannons on the town and fought with the inhabitants.

The shots from their cannons passed overhead without damage by reasons of the supplications of the holy man Sheikh Maulala Abubakr bin Salim.

When they saw that the shots did not hit they made channels in the ground of Shindakasi so that they might pump water into the town. When they had made these and brought water from the shore it would not rise. When they saw that they were not able to do this they made peace and came to an agreement with the Sultan of Pate.

Afterwards Sultan Abu Bakari died and his son Sultan Bwana Mkuu reigned in the year 995.

At this time foreigners came into the country of Pate and they were called Wabarawa.

At one time they used to live at Barawa, but they were Arabs and their tribe is called Hatimii, a tribe renowned in Arabia, and their country was formerly Andalusia.1

They arrived in Pate with much wealth, and they bought houses and even bought firewood and wells .

So the country of Pate prospered exceedingly till in the year 1010 Sultan Bwana Mkuu died, and Sultan Ahmad, the son of  his cousin, reigned. He was a very good man and loved his subjects much. He reigned seven years without rain falling, and then he abdicated of his own free will and gave the throne  to Sultan Muhammad, the son of Sultan Abubakr.

Sultan Muhammad quarrelled with the Portuguese and they turned him out of the throne and gave it to a son of Bwana  Mkuu called Abubakr, and he agreed with the Portuguese very well.

The Portuguese then had trouble with the people of Amu, and they fought and defeated them utterly, making many people prisoners.

Sultan Abubakr, by reason of his friendship for the Portuguese, desired them to give up these prisoners, and he returned them to Amu. From that date the people of Amu made allegiance to Pate.

Sultan Abubakr loved to travel about and visit every place. Whilst he was on his travels, there behind him in Pate the people intrigued, and put Sultan Muhammad, the son of his brother, on the throne in the year 1040.

When Sultan Abubakr returned he landed at Amu; he was not able to get to Pate again. He and the Portuguese went together to fight Pate, but they were utterly defeated and so made peace, and Sultan Abubakr remained at Amu. He married at Amu, and later the people of Pate and Amu combined against the Portuguese who lived at Dondo, but they were not strong. enough for them.

At Pate Sultan Muhammad married his son to the daughter of Abubakr. The name of the son was Bwana Mkuu.

Bwana Mkuu had not yet taken her to put her in his house when the people of Pate and Amu and the Portuguese intrigued together and brought back Sultan Abubakr, and Sultan Muhammad they locked up.

Sultan Abubakr then said to Bwana Mkuu, " Enter the house and take your wife. I am your father, do not be angry with me for locking up your father-it was the subjects and the Portuguese who wanted it."

So Bwana Mkuu took his wife and lived in peace with his father-in-law till Sultan Muhammad died.

The people of the town told Bwana Mkuu that his father had received poison and that presently he also would be poisoned. Bwana Mkuu did not listen to these tales, so the people went to the Sultan Abubakr and said, " Your son- in- law is about to kill you in revenge for his father's death, and the kingdom, he says, is his."

Sultan Abubakr believed their words and so made a plan with the Portuguese, saying, " When your governor comes from Mombasa I will pretend to be ill and will send my son-in-law Bwana Mkuu and forty great men in my stead.

Honour them greatly and feast them. Give them food of quality and strong drink. When they have finished getting drunk, hoist sail and carry them away that they return no more. For these are troublesome people ; I am not able to reign while they are here."

The Portuguese took Sultan Abubakr's advice and did as he suggested.

When the Pate people came to know that these men had been taken away at Sultan Abubakr's instigation, they were at first silent and acted as if the matter had not reached their ears.

Sultan Abu Bakari 1 said to his daughter, " Your husband has gone to Goa-after six months he will return . " son.

So she awaited her husband and meanwhile gave birth to a When her son had reached three years of age she knew that her father's words were false. Now at that time her father made a fête for the circumcision of his sons and told her that he would have her son circumcised at the same time.

She replied, " I do not want that, I will have him circumcised separately. "

Sultan Abubakr replied, " You have joined in the intrigues of the other people ; perish , both of you. "

Now it was necessary that at these festivities the royal horn should be blown and there was but one horn.

So his daughter came to borrow the horn of the Amu people secretly, but the Amu people would not give it for fear of the Sultan.

When she could not obtain the horn she called to her secretly a man in Pate called Mwenyi Baenyi, one well versed in skilled work.

She said to him, " I want you to make me a horn secretly that no man may know, and what you ask that will I give you." He said, " Very good, " and so she put him in her house and gave him an elephant tusk 2 and everything he required , and he made a fine horn.

When he had finished she asked him what wages he required, and he replied, " My wages are the gifts given to the blower." She said, " Take them, " and she gave out the horn and he sounded it through the town and people showered gifts on him.3

So she held the ceremony and rivalled her father.

After this the people of Pate made intrigue and rushed in on Sultan Abubakr, smiting him and his brother Bwana Madikilling them both.

THE COAST BELT

British East Africa is naturally divided into three belts or zones. First is the tropical and less healthy zone, which is adjacent to the coast. Above this are the healthy highland and mountainous regions described as " a white man's country." Beyond these the country falls again to the inland lowlands of the shores of Lake Victoria and Uganda, considerably less healthy and more trying in climate than the coast.

Some of the coast towns with their inhabitants have already been described. These form, as it were, a narrow fringe of old Swahili and Arab civilisation bordering the thick bush and uncivilised native tribes of the interior.

I shall now endeavour to give a short description of the country which lies immediately inside this civilised fringe, and of the people who inhabit it.

First of all, as regards seasons. There are on the coast as in most parts of tropical Africa a very wet season and a very dry season. However, these do not divide the year into equal portions as in many parts of the continent. There are the mwaka, or rains of the year, which raise the crops; they begin in March or May, and last three or four months; and again the mchoo, or lesser rains, occurring about September, which latter during a good year are sufficient for light crops.

Back from the coast there is in the south a desert region called " the Taru Desert," which divides the coast from the highlands. In the north, viz., Jubaland, the desert region stretches right back, dividing the highlands of East Africa from the mountains of Abyssinia, and continues westwards across Africa till it meets the swamps of the Nile and Sobat Rivers. The southern and narrow desert, the Taru, is intersected by two big riversone, the Sabaki , having its origin in Kilimanjaro and the Masai highlands ; and the other, and bigger river, the Tana, supplied by the well - watered Kikuyu country and Kenya.

In the north, but one river reaches the sea, the Juba, which originates in the mountains of the Borana and Abyssinia, while the Webbe Shebeli , or Leopard River, which springs from the highlands of Eastern Abyssinia, almost reaches the ocean near Mogadishu in Italian Somaliland before losing itself.1

As I know nothing of the eastern part of Jubaland, I will not speak of this country till I come to Lake Rudolf and the Borana, the western part.

Just back from the mangrove- lined, or coral - bound seashore of the southern coast line there is generally a thick bush belt, wherever the country has not been cleared to make way for plantations.

Behind this the country rises some 700 feet in a series of low hills, grass - covered, and affording fairish grazing in certain places, as in the Shimba Hills and near the railway line, about Mazeras.

Behind these again is a country covered with red earth and thick thorn, the Taru Desert. In the dry weather this red dust is raised in powdery clouds by the passing train, pervading the compartments, covering everything and filling the eyes , nostrils , hair, and pores of the skin with its fine dust. In the hot season passengers emerge from the train at Mombasa station looking like red Indians, and for a day or two afterwards traces of the Taru appear as red streaks on the towel when one dries one's face.

Now of these four divisions into which I have divided the coast belt longitudinally, I have already tried to give an idea of the first, the seashore, either mangrove- lined, or of coral rockand sand dunes.

The next in order is the low bush belt such as is found in the centre of the islands of the Lamu Archipelago, and for a few miles back from the shore of the mainland. In some parts this bush belt seems to merge into the desert without the intermediate layer of grass - covered hills. Such is the case near the Tana River.

In this country there are but few inhabitants except near the coast towns or along the banks of the Sabaki and Tana.

There are two little-known hunting tribes inhabiting this tract, the Wasanya and the Wachoni, who live much as do the Waboni of Jubaland . They are both numerically very small tribes. Possibly they are some of the remains of the original inhabitants of this country, as are said to be the Midgans of Northern Somaliland and the Waboni of Jubaland, both hunting tribes.

I have never met any of these people withthe exception of the Midgans. I am indebted, however, to the District Commissioner of Malindi for the information that the Wasanya and Wachoni of that neighbourhood practise the rite of clitoridectomy, and that the women wear their hair plaited . The former rite is carried out not after the manner of the Masai, but as performed by the Somali.¹

These customs appear to me to be most interesting, as they differ entirely from those of the adjacent tribes, and correspond with those practised by the Midgans, while their manner of living would also appear much the same.

Now the customs of the Unyago and the extending of the lobe of the ear practised amongst Swahilis, alluded to before, are foreign to the Arab, and have evidently been borrowed from the original African inhabitants of the coast . Similarly, it is not improbable that the customs of plaiting the hair and clitoridectomy, customs foreign to the alleged ancestors of the Somali, have been borrowed from the original inhabitants of their country, the Midgans. Even to- day it is the heathen Midgan woman who is called upon to perform the latter operation on the Muhammadan Somali girl.

Bearing these facts in mind, and remembering that a hunting tribe is apt to become thinly distributed over a very wide area, as is the case with the Wandorobo of the highlands, it is within the bounds of conjecture that these four small scattered tribes, the Midgans, Boni, Sanya and Choni, are of nearly allied if not common origin, and that they all represent some very old inhabitants of the country, who lived in Somaliland and Jubaland before the coming of such tribes as the Somali, Galla, and many others .

It is believed by the Swahili that before the founding of the coast towns, the inhabitants were wild men of the bush, like the Boni.

A comparative study of the languages of these four hunting tribes might decide how much truth there is in these conjectures. With regard to the game of the coast belt, there is not the variety obtainable in the highlands, but the game that is found is as a rule uncommon elsewhere, and worthy of being hunted, in that, in this kind of country, it needs skill and patience to obtain a decent bag.

If I were going to East Africa for the sake of sport alone, I should certainly not follow in the wake ofthe hundreds of sportsmen who flock up to Nairobi and jostle each other round the Athi, Lemek and Guas Ngishu plains like golfers on a crowded links. I should search out some quiet little nooks in the coast belt, and every day congratulate myself that there were no other sportsmen within reach , while each hardly- earned specimen in a very small but very refined bag I should consider worth a hundred of the cheaply- earned, plain- dwelling animals . I should hope to include in my little bag two elephants, small tusked, but shot under very difficult circumstances , one old male buffalo, one or two bush lions, more wary and difficult to catch napping than their plain - dwelling kinsmen, a leopard , two Oryx callotis , two lesser kudu, three or four nice-sized bushbuck, two Hunter's antelope , two topi , a few duiker and dik dik, and perhaps a sable ; while of birds, not being a shot-gun shot, I should hope to pick off enough guinea fowl, spur fowl, florican and partridge with a miniature rifle to keep a good stock- pot fairly well replenished.

On my return journey to England I should be indifferent alike to the jeers or the sympathy of brother sportsmen who numbered their bag in hundreds or perhaps even in thousands, for I would have the satisfaction of knowing that each one of my little bag of trophies had been a wary animal, hunted , tracked and outwitted with conditions all in its favour.

However, reader, do not take my advice, because you will get fever, and you will get scratched by thorns, and a very bad backache from stooping and crouching through the narrow, obstructed bush paths . Perhaps you will even think I am a terrible romancer to say that there is any game at all in these horrible places.

Before going on to the higher country of the coast belt, let us take a look at the lower Tana River and its riverine population , the Pakomo.

This river appears to have near the mouth a considerably less volume of water than it has higher up, no doubt caused by wastage passing through the Taru Desert.

However, it is generally deeper here than it is before it enters the desert tract.

It is navigable for some 300 miles up from the coast, but the multitude of snags and waterlogged trees in its course are constantly damaging the propeller of the little river launch which ascends it. The old mouth of the Tana used to be some distance south of its present mouth at Kipini. The old course leaving the new at the Mbelezoni Canal now only contains water during the rains .

This old course was a much more direct entrance to the sea . It now follows a course parallel to the sea coast, and only a few miles distant from it, from Mbelezoni to Kao, and the sand- hills of the shore can be seen from the river as one passes in a canoe.1 

Near the mouth of the river a certain amount of rice is grown, which appears to do well , although the natives are too lazy to pay much attention to it. If this industry were developed, the product could be easily transported by river and sea transport to Mombasa, at which place there is a considerable demand for rice which now has to be brought from India and Burma, and also from the Lake Victoria . The rice from the latter place is of an inferior quality ; it is locally known as " Muanza " rice.

The soil close to the Tana appears wonderfully rich and fertile, and crops grow rapidly, while the ground can be flooded during the rains and would be easy of irrigation at other seasons .

In spite of, or perhaps because of, the richness of the soil , cocoa- nuts do not do well . They spring up quickly and flourishingly at first, but then rapidly decline, soon after they commence to bear. Possibly their roots strike something at a certain depth which does not agree with them.

There are excellent fish to be obtained on the river.

The Pakomo inhabit the banks of the river from almost as high up as it is navigable, to the mouth ; they plant their crops on the bank and ply their canoes up and down the stream with great dexterity. The canoe is generally propelled by two men, one seated in the stern with a paddle, and one standing in the bows with a long pole forked at the tip. With this he dexterously propels the canoe by poling, now at the bottom of the stream where shallow, now shoving the bank, and now catching a group of reeds or a mangrove root with the fork and shoving away from it. Meanwhile his comrade in the stern with the paddle keeps the canoe close into the bank so as to allow the poler to make use of the marginal vegetation , for the river is generally too deep and the fall of the bank too abrupt to allow him to pole at the bottom of the river.

In plying upstream the paddler lazily sits in the stern taking a stroke every now and again to keep the canoe in to the bank, while his comrade propels the boat.

However, the canoe must make frequent crossings of the river, so as to always keep to the bank with the least current; that is to say, generally the concave side of the numerous bends. Then the paddler paddles for all he is worth to reach the opposite bank with as little loss of way as possible.

Coming downstream of course the reverse is the case, as the canoe will pass from side to side of the river, or even remain in mid- stream wherever the current is greatest.

Many of the Pakomo are said to be converted to Islam, while the missionaries are busy with those who still hold their old pagan religion.

There is supposed to have been a discovery of coal on the Tana River near Mafano, but as yet one has heard little or nothing about it .

The Galla stretch down as far as the coast by Witu, and occur on the left bank of the Tana. The Galla and Borana, both talking the same language with slight variation, cover an area only less than the Somalis, stretching from Wollo in Abyssinia to the coast here.1

Behind the thin belt of coast bush there is, as before stated, in the south part of the Protectorate, a country of grassy hills. This is a pleasing- looking country of green downs and hills, -dotted with clumps and patches of bush, but is unhealthy, and the water supply is bad and poor.

This is the country of the Wanyika, a tribe from whom the Mombasa Swahili has borrowed many words, customs, and superstitions.2

They inhabit the country west of Kilindini Harbour and south of the railway line between Mombasa and Mazeras. They are a finely developed people, though of primitive manners and customs.

The women wear many- pleated kilts of calico round the waist, but from the waist upwards are nude. The kilt is not a made- up kilt, but is carefully pleated afresh from time to time, as I had occasion to notice whilst camped in a Kinyika village. The lady whom I had the audacity to watch making her toilet had one end of a very long strip of calico fastened to the wall of the hut, while she was carefully folding and pleating it from the other end. After an immense amount of trouble spent in getting the pleats equal and symmetrical, she donned the kilt, pulled and pleated it here and there, took it off again, rearranged it, pirouetted and looked over her shoulder at the fall in the rear. It was a tremendous time before she was satisfied with the hang of the skirt.

" Nyika " in the Swahili language means " forest and thorn bush country," generally a dry thorn country, and it is very probably derived from the same source as the name of this tribe, for they lived partly in thorn country and partly in the Shimba Hills .

They own a certain amount of cattle, and, as with most of the coast peoples, do not take their cattle out till the heavy dew has dried from the grass . About eight or nine o'clock is called by the Swahilis for this reason " Mafungulia ng'ombe," or "cattle opening time."

No such precautions are taken in the highlands, and although the dews are there heavy, they do not appear to exercise the evil effect on the cattle that they do on the coast.

North of the Wanyika country and the other side of the railway line is Rabai, occupied by a small community of that name who speak a language differing both from Swahili and Kinyika. South of the Wanyika are the Waduruma and the Wadigo, the former living near Gasi on the coast.

We next come to the Taru Desert, the flat red earth and thick thorn desert commencing on the line just after Maji ya Chumvi (salt water) station , and reaching to about Makindu. About this place it begins to give place to less wooded country, gradually rising and growing more open until the highlands are reached .

The greater part of this desert is uninhabited, for there are no nomadic or camel-owning tribes suited to the requirements of life there.

Toward Taveta, however, live the Wataiita, a tribe paler thanthe Wakamba and Wanyika, but not so pale as the other Kilimanjaro tribes.

Both sexes file the teeth to a sharp point, as do the Wakamba.

On the road from Voi to Taveta the Seringeti plains form a break in the dense thorn of the bush. These plains are well known to sportsmen, who visit them generally during the wet season , as at other times lack of water prevents them moving about. During the rainy period of March and the following months game is numerous and lions are said to abound.1 Here are found Waller's gazelle and the fringe- eared oryx, both animals suited to life in waterless regions.

Game is not very plentiful in the thick thorn recesses of the Taru, but in parts, especially in the little - known parts back from and north of the line, lesser kudu and oryx are said to be numerous.

To return to the south side of the Taru Desert. Kilimanjaro is reached viâ Voi and Taveta.

This mountain appears all the more majestic in that it rises. from a lower level, and not from such elevated country as Kenya. It is able to carry on its broad back a very massive amount of snow, and this, coupled with the fact that it is 2,000 feet higher than Kenya, makes no comparison possible between the amount of snow visible on the two summits. Perhaps Kenya is the most beautiful, but there can be no heavy accumulation of snow on its pointed summit, and so the glaciers push down to a comparatively short distance.

It is strange that natives never seem to realise what it is that shines white on the top of these mountains, and refer to it as silver or white rock or diamonds. Kilimanjaro is , of course, the home of a devil, and all kinds of magic, according to the natives. Its top consists of pure silver which is occasionally changed by Satanic agency to gold or blood . Add mother-of-pearls, opals, and a few other precious stones, and this is a fair description of the colours assumed by the snowy dome under varying conditions of sun and moon.

No wonder that the natives think that if one could only reach the enchanted top, jewels and precious stones can be had for the picking up.

The Jin who inhabits the mountain resents strongly any intrusion in its domains, but is not wholly an evil spirit, as the following little story will reveal :-

Once upon a time a caravan of porters was passing the mountain. There was a youth, the boy of one of the porters, who had hurt his leg, and came limping along behind the caravan. At last he was unable to go any further, so the porters, with that kindly solicitude for the afflicted and distressed which characterises the African native, abandoned him without food or blankets , and continued on their way rejoicing.

The youth, with whom we do not sympathise so much, as one knows that he would have done the same to a weaker fellow under similar circumstances, struggled to the foot of the mountain, and there lay down cold and hungry, till sleep overcame him. In his sleep he dreamed that the spirit of the mountain came to him and brought him unlimited wealth on one condition ; that was, that he was not to divulge how he obtained it.

When he awoke in the morning, he discovered lying beside him a jewelled casket, which he picked up and brought back to his own country, and from this he draws as much wealth as he likes .

Many people have tried to make him tell where he obtained the casket, but to all he replies, " Oh, I just bought it. "

It would appear, according to native legend, that a certain white man, name unknown, was not so discreet . He reached the summit of the mountain, and there received a similar gift under condition that he was to tell no one that he had successfully accomplished the ascent. 

On his return he gave a banquet with the wealth that he had accumulated, during which he became talkative, and at last said, 'It has been declared that no one can reach the summit of Kilimanjaro, but I have reached it, and see what the Jin of the mountain has given me, " producing his jewelled casket. The following morning he was discovered dead in his bed, and the casket was missing, having flown back to its home.

The natives who inhabit the base of the mountain are very pale for African natives . The Taiita are paler than most East African tribes, but some of the people of the mountain, the Wapari and the Wachaga, if it were not for their woolly hair, might be almost mistaken for Arabs.

These last tribes do not file the teeth like the Taiita, but they remove one tooth from the centre of the bottom jaw.1

These people, I am told, hold the mountain in great veneration, and certain of their old men ( corresponding to Druids) occasionally ascend to the snow level to perform sacrifices . Before leaving the coast belt, just a word about the possibilities from the white man's point of view.

The towns of the coast contain the usual types to be found in tropical countries, viz .: the white official and the white merchant, both temporary residents and dependent on leave every few years to Europe to maintain their health. The merchant's chief trade lies in ivory, copra, logwood , cotton and a few other things as exports, and calico, cotton robes, etc. , as imports. The ivory chiefly comes from Uganda and the Congo, while the other three exports come from the coast.

There is now, however, another kind of white man on the coast, rapidly increasing in numbers, the planter. I do not wish to go into the heated arguments as to whether the highlands of East Africa are a white man's country " or not, or even into what is the exact meaning of this phrase.

There are hundreds of men willing to stake their last farthing that there is a great future " before the country, but though this phrase has been in vogue some years , no definite hint has yet been given as to what that future will be.

It seems to me that foreign countries as fields for the white man's energies, other than official , fall into two easily distinguished classes .

One is the healthy country where a man goes with his whole family, and stops for good, such as Canada, Australia, etc. In these places he does not expect to get rich in a few years , but he slowly builds up an estate which subsequently his children and children's children can enjoy and subsist on. His riches are not of a movable character, but are attached to the country.

The second class of country is the tropical and unhealthy country where a man expects, to use a Swahili expression, "After toiling in the sun, to rest in the shade."

That is to say, that after a certain number of years ' struggle against adverse conditions of health and climate, he hopes to have made enough to enable him to retire to England and enjoy a comfortable old age.

The coast belt comes under this second class . The climate is not especially bad or trying , and the conditions of life can be made comfortable enough for a temporary sojourn, but on the other hand, the profits at present do not appear to be very considerable. However, if not great, they are at all events discernible and steadily increasing.

The chief products are cotton, by way of a start, and then rubber and hemp, while judicious investments in cocoa-nut plantations , I believe, can be turned to good account. The coast planters are men, many of them of modest means, who have had the sense to hold themselves aloof from the wild rush to grab land in the highlands, and have grasped the present, leaving the future to develop in the hands of the more wealthy experimental farmers.

The planters of the coast are the men who are laying the solid foundations of a structure on which the future prosperity of the country may be based, and so my good wishes go out to them, and I trust that after " toiling in the sun " they will , like the Swahili, be enabled to rest comfortably in the shade.

page 32

Book Name: THE LAND OF ZINJ

Published: 1913

BY CAPTAIN C. H. STIGAND

GEOGRAPHY PHYSICAL AND POLITICAL

EAST AFRICA PROTECTORATE

(1) Position and Frontiers

The East Africa Protectorate extends from the Indian Ocean to Lakes Rudolf and Victoria Nyanza It marches on the north with Abyssinia, on the south with the Tanganyika Territory (German East Africa), on the east with” Italian Somaliland, and on the west with the Uganda Protectorate. It lies between 4° 40' S. and 4° 30' N. latitude, and between 34° and 42° 40' E. longitude, and has an area of some 247,000 square miles.

The southern boundary follows a straight line north¬west from the mouth of the River Umba to Lake Jipe, the east shore of which it ascends; thence it proceeds northwards, leaving Mount Kilimanjaro in German territory, to about 3° south latitude, whence it again follows a straight line north-west to Mohuru Bay on Victoria Nyanza, in 1° south latitude. In the east the boundary between British East Africa and Italian Somaliland is the River Juba, from its mouth to the confluence of the Daua. From this point the boundary between British East Africa and Abyssinia follows the River Daua as far as Malka Murri. Thence it runs roughly west-south¬west, and again west, following tribal boundaries, to the eastern end of the Goro escarpment, which it follows for some distance, afterwards turning in a north¬westerly direction to near the southern end of Lake Stefanie, and thence directly west to Lake Rudolf. Between the East Africa Protectorate and Uganda the boundary passes down the middle of Lake Rudolf to the'mouth of the River Turkwel, the course of which it follows to its source. It then crosses the summit of Mount Elgon, and, striking the River Sio, follows it to Victoria Nvanza, and passes west of the islands of Sumba, Mageta, and Mfwanganu, to the point oh Mohuru Bay at which the former German frontier reaches the lake.

(2) Surface, Coast, Rivers, and Lakes 

Surface and Coast

Apart from a narrow belt of coast-land and the plains of Jubaland and Tanaland, the whole territory forms part of the East African Plateau. The country is traversed from north to south by the Eastern Rift valley, which forms a series of lake basins from Lake Rudolf in the north to Lake Natron on the southern frontier.

The highland region in the south-west, which extends far into the Tanganyika Territory, lies at an altitude of between 5,000 and 8,000 feet. North¬ wards to Lake Rudolf, beyond the region of high mountains, the general level declines rapidly, though there are mountains south-east of the lake. Farther east a steppe region, bounded on the north by the escarpment of the Abyssinian highlands, slopes downwards towards the south-east, passing into the plains of Jubaland. West of the Rift valley the Nandi and Mau escarpments fall sharply to the great depression of Victoria Nyanza.

The whole territory may be divided roughly into five regions: (1) the coast and coastal plain, (2) the slopes of the south-western plateau, (3) the largely volcanic highlands rising therefrom, (4) the depression of Victoria Nyanza, and (5) the northern steppes and the plains of Jubaland and Tanaland. Of these regions i he third is-by far the most important and characteristic. (1) The Coast.—From the River Umba, as far north as Formosa Bay, the coast consists of sandy beaches and low coral cliffs, broken by mangrove-fringed creeks and protected by a barrier reef. Farther north it becomes lower and more sandy, and in the neighbourhood of the Lamu group consists of a maze of creeks and islands. North of Kwaihu Bay it is low and unbroken, though small islands and reefs are still numerous.

It is well provided with natural harbours, of which Mombasa is the most important. Port Durnford and Kismayu, in Jubaland, have some importance owing to the lack of harbours further north along the Benadir coast.

The islands, Wasin (near the mouth of the Umba), the Lamu group, and the Bajun islands north of Port Durnford, are the site of the chief Arab towns on the coast, and still possess a considerable population.

The Coastal Plain—The section furthest south be¬ tween the River Umba and the River Sabaki consists of a narrow strip between the sea and the Shimba and Giriama Hills (600 to 1,500 ft.). Sandhills also rise in places to a height of several hundred feet.

This zone is fertile and well cultivated, and south¬ west of Malindi there is a large tract of forest. North of the River Sabaki the coast plain widens greatly, being joined by the inland plains of the Tana. In the Witu and Lamu districts the soil is especially fertile. Further north, in Jubaland, the coast plain is com¬ pletely merged in the great plains of the interior. In this section it is covered with bush, and there is little cultivation. A line of sandhills about 200 ft. high here follows the coast, not far inland.

(2) The Plateau Slopes.—The southern part of the coast plain is bounded on the west by a range of sandstone hills, and behind these are the thinly peopled steppes of Nyika or Taru, which rise gradually west¬ward to a height of 3,000 ft. The soil of these plains is a characteristic red earth, which is fertile when irrigated, and the vegetation consists of a dense thorn scrub. To the south and west of Voi the plains are broken by a number of lofty summits, ranging from 4,000 to 7,000 ft. high, among them being Bura and Kadiaro. Between Tsavo and Taveta, the country is well watered and fertile.

(3) The Volcanic Highlands.—The plateau rises towards the west in a series of ridges running roughly north and south, and having a general altitude of some 5,000 ft. Beyond these ridges rise Mount Kenya and the great ranges of the south-western plateau, which are mainly of volcanic origin. This highland region is divided into two parts by the Eastern Rift valley. Kenya, the Laikipia plateau, the Kikuyu uplands and the Masai plains lie to the east of the valley, and Mount Elgon, the Gwas Ngishu (Uasin Gishu) plateau, and the Nandi, Mau and Lumbwa districts to the west.

The great volcanic mass of Kenya, which lies north of Kikuyu, facing the northern end of the Aberdare Mountains, rises to a height of 17,040 ft., and its slopes are thickly wooded.

The Laikipia plateau lies north-west of Mount Kenya, and consists for the most part of rolling grass plains with an altitude of 6,000 to 7,000 ft. The Lorogai Mountains form the northern scarp of the plateau, and on the east it shelves downwards towards the Jubaland plains and the Lorian swamp. The district is badly watered, save near the River GwasoNyiro, and is very difficult of access.

The Kikuyu uplands, which slope westwards from the wall of the Eastern Rift valley, are one of the most fertile and thickly peopled regions of British East Africa. The Kikuyu country proper lies at an altitude of 4,500 to 6,500 ft., and consists of a succession of well-watered valleys, which were originally covered by forests, but have now been cleared. The zone of culti¬ vation is extending far up the slopes of the Kikuyu escarpment and the Aberdare Mountains, which attain in places an altitude of 12,000 to 13,000 ft. The Masai plains, which have an altitude of 5,000 to 6,000 ft., run southwards from Kikuyu towards the former German frontier and Mt. Kilimanjaro, and, with the exception of the Athi and part of the Kapiti plains, south and east of Nairobi, are now included in the Masai reserve. They consist of flat and open grass-lands, badly watered, but nevertheless affording good grazing, except in the Nyiri district in the south-east.

The Eastern Rift valley crosses the entire territory from north to south, and in the region of Lake Baringo is bounded on the west by the double line of the Eigeyo and Kamasia escarpments. In its central portion, where the escarpment walls are most clearly defined, and where its floor is highest, it has a widtn of 20 to 30 miles, and lies at a depth of 800 ft. below the general level of the highlands, and 1,500 to 3,000 ft. below the heights of the neighbouring escarpments. The valley floor is divided by a series of transverse folds, which form many lake basins. (See section on “Lakes” below.) The high central portion of this region is well watered and affords excellent pasturage and fertile agricultural land, but north and south of this the valley becomes arid and the climate hot.

The great Gwas Ngishu plateau is bounded on the east by the Eigeyo escarpment, on the north by the Suk Mountains, on the west by Mount Elgon, and on the south by the Nandi escarpment. It consists mainly of level grass-covered plains, with an altitude of 6,000 to 8,000 ft., but there are large tracts of forest.

The Nandi and Mau escarpments are clothed in dense forest, which continues through the broken Lumbwa and Sotik hill country, westward to the Victoria Nyanza depression and southward to the former German frontier.

(4) The Depression of Victoria Nyanza.—That portion of the territory which borders Victoria Nyanza belongs naturally rather to the Uganda Protectorate than to British East Africa. East of the Kavirondo Gulf the shore of the lake is low and swampy, and the country here consists of open plains. Farther south the surface is high and broken, and there is much forest and bush.

(5) The Northern Steppes and the Plains of Jubaland and Tanaland. This district is a northerly continuation of the coastal plain described in (1). The whole of the territory between Lake Rudolf and the River Juba consists of arid thorn-covered steppe (mostly under 2,000 ft. above sea-level), which slopes eastwards and south-eastwards from the region of the Laikipia plateau. This steppe region is in some places almost a desert, although there are occasional wells and oases.

Rivers and Lakes

Owing to the comparative closeness of the eastern water-parting to the sea, there are no very large rivers. The most important are those of the coast area the Juba, the lana, and the Sabaki. There are three drainage areas: (a) that of the coast, (6) that of the Rift Valley, and (c) that of Victoria Nyanza.

{a) lhe River Juba rises in the Abyssinian highlands, and touches British East Africa at about 42° east longitude and 4° Iff north latitude, from this point forming the frontier between British East Africa and Italian Somaliland. It is navigable to light draught river steamers as far as Yonte all the year round, and in the wet season as far as Bardera. The Gwaso Nviro River, which drains the Laikipia plateau and the northern slopes of Mount Kenya, flows into the Lorian swamp; it belongs to the Juba system, with which it is connected in very wet seasons by the Deshek Warna swamp and the Lakdera.

The River Tana rises in the Aberdare Mountains, and drains the eastern and southern slopes of Mount Kenya, the Kikuyu country, and the plains of Tanaland. Its principal tributary is the Thika.

The valleys of the Juba and Tana have a rich alluvial soil and abundant vegetation. On both rivers there are large tracts of forest, and on the Upper Juba there is a considerable amount of cultivation.

The River Sabaki, which is known in its upper course as the Athi, drains the Ukamba country and the plains south of Nairobi. Its principal tributary is the Tsavo, on the right bank.

(b) The drainage area of the Rift Valley contains no important rivers, since it is very narrow in the only part where there is any rain. The southern affluents of Lake Rudolf, the Kerio and Turkwel rivers, are the largest, but these usually dry up in their lower course.

(c) Only a small part of the basin of Victoria Nyanza is in the East Africa Protectorate, but its rivers are fairly large in consequence of the heavy rainfall of that region. The most important rivers are : the Nzoia, which drains the Gwas Ngishu plateau, the Nyando, the Sondo, and the Kuja.

There are numerous lakes in the Rift valley. The largest is Lake Rudolf, the southern and eastern parts of which lie within the territory, and which has a total area of about 3,500 square miles. Next in size are Baringo (13 miles by 5 miles), Naivasha (the highest— 6,165 ft. above sea-level), Nakuru, and Magadi. Smaller ones are Elmenteita, Ilannington, and Bollossat (El-Bor Lossat).

(3) Climate 

Tem'perature

Owing to the high elevation of the central part of the Protectorate, a large part of the country enjoys a temperate and bracing climate. The maximum temperature of this highland region is about 80° F. (26-6° C.), and the minimum about 50° F. (10° C.). The low-lying coastal region has naturally a higher average temperature, ranging from 90° F. (32° C.) to 70° F. (21°. C.). It will thus be seen that the seasonal variation is not great.

A high degree of heat prevails in the regions south and east of Lake Rudolf, especially in the neighbour¬ hood of the Lorian swamp, while the plains of Jubaland are the hottest part of the Protectorate.

Rainfall

There are two rainy seasons, the greater rains falling between March and June and the lesser between October and December. Local variations, however exist, as in Ju,baland the lesser rains fall somewhat earlier, while in the Nyanza Province, at the otjier extremity of the country, they are almost continuous from March to December.

In the southern coastal districts there is a high but irregular rainfall, which varies between 45 and 70 in. (1,140 and 1,780 mm.). A considerable rainfall, about 30-70 in. (760-1,780 mm.), prevails in the lake shore district, and also in the Kikuyu and Kenya districts. The rainfall of the central highland region is irregular, and varies between 25 and 50 in. (635 and 1,270 mm.)!

The regions of smallest rainfall are the southern plains, the Rift valley north of Lake Baringo, the Laikipia plateau, and the districts south and east of Lake Rudolf.

(4) Sanitary Conditions

Owing to the high elevation and consequent temperate climate of the central parts of the territory, the ^ Protectorate is more suitable for European residence than any other part of tropical Africa. Moreover, the coastal regions, with the exception of the district immediately north of the River Umba, compare favour¬ ably with other African coast-lands, Kismayu in particular being fairly healthy.

Malaria is, however, very prevalent, and appears to be increasing in highland districts, such as Naivasha, where it was at first unknown. Blackwater fever, a common sequel of neglected malaria, also causes some mortality, and dysentery is on the increase; there is 3 much enteric, due probably to the pollution of the water supply of the towns. Measures are being taken to remove this source of infection at Kisumu, Nakuru and Mombasa.

Plague, both bubonic and pneumonic, frequently occurs in different parts of the Protectorate. It is endemic on the shore of Victoria Nyanza and is fairly common in the Asiatic quarter of Nairobi. It also occurs on the coast, especially at Mombasa.

Other prevalent diseases are small-pox; cerebrospinal meningitis; sleeping sickness, which is conimon in the Victoria Province; venereal diseases; beri-beri, which is endemic on the upper Juba; and leprosy, which is found in the Victoria Province and near the coast, especially in the towns of Mombasa and Malindi.

Bilharzia, filariasis and ankylostomiasis also occur, especially in the coast regions.

There are Government hospitals at Nairobi and Mombasa.

(5) Race and Language Race

Ethnologically the Protectorate forms an intermediate zone between the negro and the Hamitic races. The north-eastern districts are inhabited by pure Hamites such as the Somali and the Galla; Bantu tribes are found scattered through the whole territory, and the central highlands are occupied by peoples of a mixed race, the most important and characteristic of which are the Masai. In addition to these natives, the coast and its islands were colonised in very early times by Asiatic settlers. The latter consisted of Arabs and Persians, and their descendants still form a consider¬ able part of the population of the coast towns, especially in the Lamu group.

The following are the chief divisions of the population.

(1) Arabs and Swahili.—The Arabs of Mombasa, and, to a lesser extent, those of the rest of the coast, are mostly immigrants from Muscat during the Zanzibari period, the original Arabs of Mombasa—the Mazrui— having retired at Takaungu. The original Arab and Persian settlers are represented by the Bajuns north¬ wards from Patta and by the Swahili south of that point. In the Lamu Islands the latter are as pure in blood as tbe Muscat Arabs, but elsewhere they are much mixed with the Bantu, and the name is commonly ex¬ tended to all coast natives who use the Swahili tongue.

(2) Hamites.—The Somali are by far the most important Hamitic race in the Protectorate, and now extend as far south as the left bank of the River Tana, and as far west as the Lorian swamp, Wajheir and El Wak. They are a handsome and intelligent people, resembling the Galla in physical type, but taller and of a slighter build.

The most important Somali tribes in the territory are the Herti on the coast, and the Ogaden and Marehan in the interior, while closely allied tribes are the Adjuran and the Shurri, Gurre or Garre, who inhabit north-west Jubaland and the Moyale district.

The Galla belong to two distinct stocks, the Wurde of Tanaland and the Bonana of the northern plains. The Wurde Galla have long inhabited the coast region of Tanaland, but are now confined to the right bank of the Tana and to Witu. The Borana are found in the plains east of Lake Rudolf and west of Jubaland. The Galla of Tanaland have intermixed to some extent with negroes, but the Borana are light in colour and pure in race.

(3) Hamitic negroid group.—This group is repre¬ sented by the Masai, the Samburu, the Nandi, Suk ami Turkana. It appears to have originated in the steppe country south of the Abyssinian Highlands by the inter¬ mixture of Galla and Somali with Nilotic negroes. Thus it is essentially a transitional type, and examples may be found ranging from pure Hamitic to pure negro.

The Masai are the most important of these races, and show the greatest signs of Hamitic blood. Since the British occupation they have been removed to the Southern Reserve in order to leave room for European settlement. Closely allied to the Masai and speaking the same language are the Samburu of the Northern Plains.

The Nandi, with whom are allied the Elgeyo, Kamasia, Sotik and Lumbwa, inhabit the western escarpment of the central highlands. They have been greatly influenced by the Masai, whom they resemble in physical type. The Suk are a tribe of mixed origin who live north and east of the Gwas Ngishu plateau.

The Turkana are a very large and important tribe who inhabit the plains west of Lake Rudolf and have recently pressed south-eastwards across the River Kerio and the River Sugcta. They are an extremely tall race, flat-faced and negroid in feature, and are of a much more massive build than the Masai.

The Doirobbo or Ogiek may be included in this group, since they have strong affinities to the Nandi. They are a people of hunters, who are looked down upon by the other tribes. It is probable that they represent an aboriginal race of Bushman type, but they have inter¬ mingled with the surrounding peoples and the NandiMasai strain is now dominant.

(4) Negro group.—The negro peoples of the Protec¬ torate all belong to the Bantu family, with the excep¬ tion of the Jaluo, or Nilotic Kavirondo, who inhabit the eastern shores of Victoria Nyanza, alongside of the Bantu Kavirondo. The three most important Bantu peoples are the Wakikuyu, who have been much in¬ fluenced by the Masai, the Wakamba and the Kavirondo. In the east of the Protectorate the Wagosha inhabit the lower Juba Valley, and the Wapokomo are found in the Tana. Further south dwell the restless and back¬ ward Wanyika tribes, of which the most important is the Giriama.

Other Bantu peoples, the Meru and the Embu, are found in the district of Mount Kenya.

Language

The language which is in most common use in the Protectorate is Swahili, which is held to have originated in the district of Lamu. It is a blend of Bantu and Arabic, and has become a lingua franca far into the interior.

Of the languages spoken by the Hamitic group of peoples by far the purest and most widespread is Galla. The Somali speech has affinities with Galla, but has been much more influenced by Arabic.

The languages spoken by the Hamitic-Negroid tribes, (Masai, Nandi, &c.), are of exceptional interest to the student of African languages owing to their peculiarities of structure. The negroes of the Protectorate all speak regular Bantu tongues.

(6) Population

Distribution

The population of the different provinces of the Protectorate was estimated as follows in the years 1915-16:—

Province. !         Europeans.         Asiatics.             Natives.             Total. •

Seyidie ..          366                        7,677                195,000*            203,043*

Ukamba            2,875                    5,679                372,948              381,502

Kenya                361                        266                  867,152              867,779

Masai Reserve     ---                        ---                   36,000                36,000

Naivasha            1,541                    498                156,734                158,773

Nyanza                431                    2,052                1,116,655            1,119,138

Jubaland            39                        367                  17,000                 17,406

Totals                5,632                    17,238              2,801,489            2,824,359

Approximate

The greater part of the population of the Protec¬ torate is concentrated in four thickly peopled districts. These are (1) the Kavirondo district to the east of Victoria Nyanza; (2) the Kikuyu and Kenya districts; (3) the Machakos and Kitui districts of Ukamba; (4) the southern part of the coast region. The thinness of the population elsewhere is due in the northern districts to the aridity of the country. In the central highlands it is, however, mainly due to the predominance of the warlike Masai, who monopo¬ lised all the open grass-lands of that region and were checked in their raids only by forest country.

Towns

The largest town is Mombasa, the chief port, which has a population of about 30,000, 130 of whom are Europeans. The other towns of the coast, all of which except Witu are very ancient, are now much decayed The most important are Lamu, Takaungu, Malindi and Kismavu of which the last two have each about 5,000 inhabitants.

The towns of the interior are all of recent growth Nairobi, the capital of the Protectorate, has about 14,000 inhabitants, including 800 Europe-ps and 3,000 Indians. Naivasha and Nakuru in the Rift valley and Eldoret on the Gwas Ngishu plateau are centres of the chief areas of European settlement, and Kisumu on Victoria Nyanza is the terminus of the Uganda Railway.

Movement

Although birth and death statistics are not obtainable, there is reason to believe .that the former dominant races of the Protectorate are declining. The new con¬ ditions are unfavourable on the one hand to the Arabs and Swahili and on the other to the Masai. In addition to this, disease and immorality probably account for the infecundity of these races, while the same is said to be true of some of the negro tribes such as the Wapokomo and the Wanyika.

The Somali, on the other hand, are an advancing race, and the Turkana are also said to be increasing at the expense of the Suk and the Samburu.

BOOK NAME: KENYA,UGANDA AND ZANZIBAR

By: G. W. PROTHERO

PUBLISHED: 1920