THE BANTU OF KAVIRONDO 215
they are enmeshed, are best fitted to overcome group interests and jealousies and thus to plead for the unity of the tribe.
(3) The Restoration of Breaches of the Law. Before discussing the seat or seats of judicial authority in tribal life and the manner in which it works, we have to examine the different types of breaches or nonconformity that are distinguished and the nature of the restoration that is aimed at. From the linguistic evidence, it appears that offences are and were classed into four groups: (i) amagovi, (2) amagoso (or amahiolo\ (3) amatavay and (4) ermgilu. A person commits an eligovi1 when he refuses to pay a debt or to fulfil a customary obligation, such as may be demanded by the rules of kinship or that may result from partnership in cattle or some other possession. The term etigoso denotes a range of offences that in Europe would be classed as both civil and criminal, such as adultery (by or with a married woman), theft, assault, arson, &c. The word elihiolo is often used with the same meaning, but seems to imply that the offence is of a more serious nature, such as rape, murder, or witchcraft. It nowadays has the connotation of a sinful and morally strongly condemnable act, but it is uncertain to what extent this connotation is due to mission or other recent influences. Amatava are offences against property or life which have been committed accidentally or at least without the full intention and responsibility of the offender, such as physical injuries inflicted by carelessness in handling weapons, or the accidental destruction of a neighbour's house by fire or of his crops by cattle. Emigilu, finally, are violations of important taboos or rules of ceremonial conduct, pre-eminently of such rules as the prohibition of incest and the avoidance of one's mother-in-law or the desecration of objects used in the ancestor cult.
The distinction between these different types of offences and recognition of a particular form of conduct as constituting an offence is common to the whole tribal society, with the exception of a few rules that are observed by some clans but not by others. The fact that the body of rules and customs that demand conformity is, generally speaking, valid in the whole tribe does not* of course, entail the existence of a tribal judicial authority.
What does the distinction of these four types of 'breaches' of the law mean from the point of view of the restoration of the breach ? In the case of amagovi, no actual wrong has been done 1 The class-prefix «&*- denotes the singular, ama~ the pluraL