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
Disputes between a master and his slave, between a governor and his ward,
between a headman and his villager, or between a chief and his headman,
are easily settled by the power of the Superior. But disputes between
different villages are more puzzling. If a man of Chingota’s kill a man
of Matope’s in Chuma’s village, the three headmen may be involved only,
when all belong to one chief, reference is ultimately made to him. But
when they belong to different chiefs the case is rendered more dangerous,
as their respective chiefs may become parties. The following instances
show how cases between chiefs are settled. If a subject of Malemya be
killed in a village of Kapeni’s by men of Kumpama,[11] Malemya expects
Kapeni to catch the criminals and hand them over to him; and Kapeni
must do so, otherwise he becomes a party to the crime. Kumpama sends a
message to Kapeni asking, “Where are those men of mine that went to your
territory?” and Kapeni refers him both now and in all subsequent steps of
the dispute to Malemya. The chief of a country thus takes cognisance of
crimes committed in his land not by punishing the guilty parties himself,
but by handing them over to the injured. Again, suppose that Malemya’s
men when carrying goods for Kapeni were plundered by subjects of Kumpama,
if the deed be done in Malemya’s territory, Malemya takes the matter up,
but if the goods be once out of his territory, Kapeni becomes prosecutor.
In either case Kumpama is asked to surrender the thieves, and is liable
to punishment, either because he is a party to the theft, or because he
fails to govern his kingdom in the proper way.
100. GENERAL REMARKS ON NATIVE LAW.
As law is a subject of great complexity in all countries, it must not
be supposed that we have settled every question. In a native dispute
difficulties may arise regarding the form of prosecution, the form of
evidence, the proper court, the position and members of that court,
and in short at every step. These _special_ difficulties are settled
according to the merits of each case: and cannot be here solved without
treating the subject with a minuteness that would be too tedious for the
most ardent student of African customs.
101. WAR.
Public-domain text, read in full here on John Shaqi.
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