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
Courts of justice are held in every village for trying cases that
occur among the villagers. These courts are identical with the village
parliament (68), and the members discuss the cases, some taking one
side and some the other. The supreme court is regularly held in the
chief’s village, and tries graver cases. It is identical with the supreme
parliament of which the village headmen are members. Although the village
headmen and the chiefs of the country preside over these courts, yet in
many trials their influence is less than that of the sorcerer or the
pounder of poison. Since the natives neither divide their days into
weeks nor number the days of their “moons,” they have no stated time for
holding courts, they just call them as occasion requires.
74. TRIALS.
In a trial the accuser speaks first, and the accused replies. Afterwards
the various members of the council (68, 70) give their views. Throughout
the speeches there are expressions of approval at the close of each
sentence, which serve to mark the punctuation. One man keeps crying out,
“Amao! Atati! Nangolo!” “Mother! Father! Parent!”—words extolling the
wisdom and experience of the speaker.
The chief or headman on settling a fine does not claim part of it. The
whole is paid over to the aggrieved persons, but if they thus obtain
several slaves, they will present the chief with one in consideration
of his services. The idea of friends paying each other is not agreeable
to the native mind. Professional men such as sorcerers and physicians
are paid, but transactions between a superior and his younger brother
take the form of presents. The natives show here a beautiful delicacy of
feeling that we are apt to overlook, amidst their obtrusive greed. An
unsophisticated chief will give a goat as a present, where he would scowl
very much at the idea of selling it, although it is true that he expects
the return present to be greater than the proper price. The services
of a judge are not such a hard task in this country: as there are no
newspapers the chief and his companions feel the need of something to
talk about.
75. EVIDENCE.
Public-domain text, read in full here on John Shaqi.
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