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
The demand of compensation over and above restitution seems to spring
from the constitution of human nature. A little child deprived of a
toy is not content to threaten or revile (or whatever the infantile
manifestation of feeling may mean), while the toy is in the hands of the
aggressor. He pours out the same torrent of hostile feeling after the toy
has been restored. Besides, there are cases in which _mere_ restitution
would not be sufficient compensation for the injury sustained.
CHAPTER XI.
PERSONAL RIGHTS AND OFFENCES AGAINST THEM.
77. PERSONAL RIGHTS—SLAVERY.
“For he (_i.e._, the slave) is his money”—_Exodus_ xxi. 21.
“If his master have given him a wife, and she have born him
sons and daughters, the wife and her children shall be her
master’s.”—_Exodus_ xxi. 4.
I once heard a native remark in a village assembly, “A fowl is a fowl,
a goat is a goat,—well, what am I?” It is often maintained that among
savages no rights are recognised except rights of property. But although
native jurisprudence deals mainly with questions of property, here was a
savage using as strong an argument for personal rights as any philosopher
could employ.
There is a great difference between the treatment of a free-man, and
the treatment of the “thing” or “flesh” called a slave. The following
sections (78-102) apply chiefly to freemen, and many points have no
application to slaves, for instance, the goods of a deceased slave (if
“goods” can be said to possess goods), do not go to his brother but to
his master.
The word for “free” (mlukosyo) literally means “belonging to the tribe
or family,” and shows how slavery was originally viewed—the slaves did
not belong to the “family”. A freeman becomes a slave when _captured_.
He may be captured by an enemy or by one that has a quarrel either with
himself or with the village that he belongs to. Freemen may be _enslaved
by relatives_ or by superiors. Often a man will pay a debt by giving up
his own kindred to his prosecutor. Those most liable to this treatment
are his sisters, after that his daughters, then his brothers, and then
his father and mother. In clearing off a heavy debt a native first pays
over his slaves, next his inferior wives, and then his relatives in the
above order. Sometimes one pawns his relatives only, if he cannot redeem
his pledges promptly, he may find them sold. A freeman may become a slave
_voluntarily_, as when he is in want during a time of scarcity. A man may
also become the slave of a master that possesses many females in order to
get a wife from him. A person may be a slave by _birth_. If his parents
be both slaves he belongs to their master. When a female slave bears
a child to a freeman, the child belongs not to its father, but to its
mother’s master.
Public-domain text, read in full here on John Shaqi.
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