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.

Slaves become free when redeemed or when their master grants them

liberty. Persons that have been long in slavery may be redeemed by

relatives. Some say that a slave may redeem himself by presenting to

his master another slave whom he may have bought or captured in war.

Other native authorities, especially the older men, deny this most

strongly, and no doubt correctly, as everything that a slave can

possess belongs really to his master. But the older views are now being

modified by contact with English Missionaries. Before the arrival of the

missions, slaves could obtain nothing except from their master himself,

who supplied them with clothing; when the missions came they had an

opportunity of working for pay.

When a slave earns wages, his owner may no doubt claim the whole of

it, but some masters among the Yao are said not to exercise this right

to the full extent. They allow the slave to retain a great part of his

earnings, so much so that he will occasionally remark, “Ah! my master

is poor to-day, I must give him some cloth”. Such masters look with

satisfaction on the increasing hoards of their slaves in the same way

as an English employer delights to see his labourer in a condition of

comfort. They will even boast of the rich slaves that they possess. Every

owner of property finds slavery the most profitable investment. One of

the slave’s duties is to procure other slaves (_i.e._, more property) for

his master. Each male slave is allowed to build a house for himself. He

may also get a wife (59) who, however, may be taken from him again. He is

politely called his master’s “child” (mwanache), the more offensive word

“slave” (mkapolo) being seldom used. Still the time, the talents, and the

very lives of slaves are entirely in their master’s hand. However great

a ransom they may offer, if the master refuse to take it, no one in the

country can legally set them free. The master’s power is absolute. The

only check that he feels is this,—he says, “If I treat my slaves badly,

one day they will find me alone, take courage (mbilimo) and kill me”.

But a slave would think twice before adopting such a desperate measure.

If he murdered a freeman he would run as fast as Moses ran to Midian, and

with as good reason.

78. KILLING SLAVES OR WARDS.

If a master kill one of his slaves, no one can bring a complaint against

him. People that hear of the matter merely say, “That man is very stupid

to destroy his own property”. The companions of the deceased—his fellow

slaves—may venture to plead, “Why did you kill him, he did no adultery?”

but the master silences them, by pointing out that the deceased was

his “goods” (chipanje), or his “flesh” (nyama). But after killing a

slave, the master is afraid of _Chilope_. This means that he will become

emaciated, lose his eyesight, and ultimately die a miserable death. He

therefore goes to his chief and gives him a certain fee (in cloth or

slaves or such legal tenders), and says, “Get me a charm (_luasi_),

because I have slain a man”. When he has used this charm, which may be

either drunk or administered in a bath, the danger passes away. In the

same manner, if a man kill his younger brother, or anyone under his

charge, there is no case against the murderer. For one thing, there is no

prosecutor, and moreover, relatives may be treated as slaves (77). If a

man have a fatal quarrel with his ward, he finds it a sufficient excuse

to say, “The deceased began it”. But if his ward or even his slave be

killed by another party, the guardian at once becomes prosecutor, and

does not rest till he obtains the fullest compensation.

79. KILLING ENEMIES.

When an enemy is killed, there is a desire to secure portions (_ikawo_)

of his body (36), which is mutilated accordingly. The parts[10] generally

taken are the eyebrows, nose, little finger or toe, and the pudenda. If

there be no danger of interruption, the man or woman thus mutilated, will

be also disembowelled and the heart plucked out. The portions thus cut

from a body, are roasted or burned till quite reduced to ashes (_sile_).

They are then used as charms in various ways. The savage makes tatoos

(_malaka_) in his arm and rubs the ashes into them. Or he cooks gruel

(likoko) and stirs the ashes into it. This dreadful mixture of flour and

flesh, must be lapped with the tongue, as it would be “unlucky” to eat it

with the hands. There are several devices for facilitating the lapping

process, such as pouring the mixture from one dish to another and licking

the bottom of the emptied dish. Another way of using this weird and

awful charm, is as an amulet (njilīsi)—the ashes are mixed with castor

oil and sewed up in a small bag, which is worn round the neck or about

the loins. I knew one headman whose great success in war was attributed

to the fact that he had eaten “the whole body of a strong young man”.

But if he had not been protected by powerful charms, such cannibalism

might have been dangerous to him. The person that eats a human being is

believed to run a great risk. Even the person that kills a human being,

though the victim be only a slave (78), must take certain steps to quiet

his conscience. In most cases the murderer tells the chief of the country

who procures a charm from his medicine man. Of this charm the chief

himself also partakes that he may not be unlucky “because of the blood

that has been shed in his land”. If the chief sent the person to kill the

deceased, he now presents him with a slave or some such reward. So when

a headman makes an attack and kills a party on his own responsibility

(72), the chief if approving rewards all that went on the expedition.

He also kills a goat for them. At this feast they must not eat salt

until a charm is first put in the food. If the chief disapprove of the

attack, he exacts a heavy fine, which he usually settles as follows:—When

the injured parties retaliate, and kill or capture some of the chief’s

subjects, he makes this headman pay the relatives for their loss. So when

the chief wants to dissuade a headman from dangerous wars, he says to

him, “Remember you will have to pay for all the slain”.

80. PUNISHMENT OF MURDER.

If one man slay another, the friends of the deceased are justified in

killing the murderer on the spot (76). But if they catch him alive they

put him in a slave-stick, till compensation be made by a heavy fine of

from 4 to 20 slaves. When the fine is paid the life of the murderer is

not demanded, but several of the slaves obtained in compensation are

killed to accompany the deceased (39). The rest of them are retained:

indeed, the friends of the murdered man look not so much to his sad fate

as to the possibility of making gain by it. If the murderer escape, some

one connected with him is captured, and a message is sent to the friends

in this form, “You have slain our brother, we have caught yours, and we

will send him after our brother unless you pay a ransom”. The ransom is

expected to include some slaves to accompany the deceased. The captive if

not redeemed is entirely at the disposal of the injured party and that

for life or death. The above applies to murders occurring among parties

friendly toward each other, and living perhaps in the same village. But

should a man go to another village and commit murder, the act, if no

explanation be granted, is held to be a declaration of war. When the

injured village is strong, the other villagers will all be killed or

enslaved without delay. Where the village is not so sure of its strength,

its headman goes to the chief of the country and presents him with a

slave, saying, “I desire your help, I want to punish that other village”.

If the chief has already failed to bring the aggressors to reason, he

receives the present, promises help, and soon the guilty village is

annihilated.

81. PUNISHMENT OF HOMICIDE.

The natives are aware of the difference between murder and homicide,

but the punishment of the two crimes is often the same. A man enters a

village, puts down his gun which goes off and kills a person. The gun

is claimed by the friends of the deceased. It is worth several slaves,

and the owner may be as anxious to redeem it as he would have been to

redeem his brother. When there is no gun to pledge, the homicide is put

in a slave-stick and retained just as in murder (80), and the surviving

relatives are equally anxious to slay persons to accompany the deceased.

Some native authorities take a more lenient view of homicide. Instead of

seizing the party or his gun, they pronounce him quite blameless, and go

to the sorcerer to discover the bewitcher who has been the real cause of

the death. They hold that it is this being that must bear the whole of

the responsibility. They use a simile here that is borrowed from hunting

customs. The hunter that first wounds a buck claims it, even though it be

ultimately brought down by another man. The man that brings the buck down

is only the finder, as it were, of another man’s game (juakupakanila):

so the homicide only found or brought down the victim that the witch had

already destroyed; he is not the cause but the occasion of the death.

Some insist that although the homicide may protest his innocence and

affirm that he is the victim of some witch, he must pay damages all the

same. I once saw two men tried for a disturbance committed while they

were drunk. The person that had supplied them with beer was also brought

up, and was afraid that he should be supposed to have bewitched the

beer. A still deeper terror hovered over his speech, “Perhaps he himself

and his beer were both bewitched, and used as a cat’s paw by some other

person”.

82. PUNISHMENT OF UNCHASTITY.

We already mentioned (56) that a man may have an opportunity of

contracting a marriage with an adult female and that he may ascertain her

sentiments privately. Long ago I was told by one qualified to speak on

African customs, that a native man would not pass a solitary woman, and

that her refusal of him would be so contrary to custom that he might kill

her. Of course, this would apply only to females that are not engaged.

A girl with no claim upon her readily agrees to marriage, and the man

will marry her although he have several wives already. But if a betrothed

girl be seduced, the crime is treated as adultery and may be punished by

death. Her intended husband has a right to kill the guilty man. In cases

of adultery the injured husband may in like manner kill the seducer. As

for the woman, her first offence may be condoned, but subsequent offences

cause divorce or death. When a wife has been guilty, her husband will

die if he taste any food that she has salted. As a consequence of this

superstition a wife is very liable to be accused of killing her husband.

When women are preparing their husband’s food they may ask a little girl

to put the salt in it. With a faithless wife the husband cannot live

until a third party (mjinjila nyumba) has been with her. The name of this

party is concealed from the husband who, from jealousy, might kill him.

After the ceremony, the husband and wife may live together again. Several

of these observances are explained and enjoined at the mysteries (52). As

adultery is a crime not easily proven, the native appeal to the sorcerer,

or the ordeal in such charges has a peculiar significance—it always leads

to a definite decision.

Africana; or, the heart of heathen Africa, Volume 1 (of 2) · 第 11 / 19 章