Africana; or, the heart of heathen Africa, Volume 1 (of 2) : $b Native customs and beliefsMacdonald, Duff
Religion
Africana; or, the heart of heathen Africa, Volume 1 (of 2) : $b Native customs and beliefs
Macdonald, Duff
Africa, East -- Social life and customs; Missions -- Africa, East
Besides direct breaches of the 6th, 7th, and 8th commandments of the
Decalogue, which are all punishable by death, there are many other crimes
recognised and punished by native law. Burning a neighbour’s house,
setting fire to the bush and destroying his crops, and trespassing so as
to cause damage, are instances that have suggested to the native the _lex
talionis_. To the question “What would you do if your neighbour destroyed
your crop?” comes the prompt reply, “I would take his,” and many injuries
or accidents that result in the loss of property are settled accordingly.
Abusing another person—defamation of character—is also paid back in kind,
unless the stronger party give the other a beating to the bargain. To be
called a liar is rather a compliment, but to be called a bewitcher is
much resented. When a woman charges another with adultery, the fight is
often furious; they bite and scratch each other till they are covered
with blood and the dust or mud of the highway.
Fines may be paid in slaves or any other kind of property except ivory.
An offender may be bound over to keep the peace. When convicted of some
misdeed, he presents his superior with a spear, saying, “Kill me if I
offend you again”. The token is common between slaves and their masters.
In reviewing native punishments we find that almost every offence may be
punished by death, but when an offender is not redeemed, the particular
punishment is left to the headman of the injured party. For instance,
if a headman of Kumpama’s go and say, “Chenyono has killed a subject of
mine; I have caught a subject of his and want to kill him,” the chief’s
answer will be, “He has done you wrong, do according to your heart” (poli
mtima wenu). The punishment is thus inflicted not by the criminal’s
own chief but by the injured party, and it may fall, not on the guilty
person, but on one connected with him. It is when a man transgresses
against his own village-chief that _personal responsibility_ is brought
home to him. When he transgresses against another village, his own chief
pays for him. Of punishments inflicted for small offences by superiors
on their own wards, imprisonment in a slave-stick is common, and may
be inflicted by a husband on his wives, or by the chief wife on her
subordinates. _Beating_ is another punishment. When a slave is sent to
keep off the monkeys, and lets them eat the corn, he will taste the rod:
so will a child, or even a younger brother. These beatings when inflicted
are very severe, but they are rarely needed, slaves being generally
obedient, and young people respectful. _Justice is evaded_ by running to
the country of a hostile chief. It is common (as it is prudent) for a
fugitive to steal something from his present chief as a gift to the man
that receives him.
CHAPTER XIII.
INHERITANCE AND INTERNATIONAL LAW.
97. INHERITANCE.
Public-domain text, read in full here on John Shaqi.
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