Click to download PDF version: 3.87MB - Global Grey

40 At the Back of the Black Man's Mind By R. E. Dennett
marry a woman whose Xina or totem is the same as that of his mother's family. This
class is called Xina Mvila. As in the case of the Hebrews, so in that of the Bavili
contravention of these laws is believed to be punished by God, by His withholding the
rains in due season. Hence the necessity of the offerings made to the "powers"
representing the attributes of God on earth, or Ba Kici Baci, of which Maluango is one
under the title of Nkicici.
The father, the Kongo Zovo, or the village are responsible in the event of the
delinquent's non-arrest, and even then they must pay their share of the fine, or sell the
prisoner into slavery, if he is not rich enough to pay the fine himself.
Children and fools or idiots are not responsible personally for their actions, but the
injured party can claim compensation if he likes from the parents.
Killing, etc., in self-defence, robbery of plantations when very hungry, when no
deception or secrecy is practised, are regarded as justifiable facts. In each case,
however, payment for damage done is expected.
Section II.-Of Punishment.
The idea of the damage done to God, King, prince, father, neighbour, is the ground of the
punishment inflicted. The punishment itself being a payment to satisfy the party
injured. And this is shown by the fact, that except in the case of children who are
chastised, payment in money, kind, or goods is first demanded. But pay you or your
family must, if not in money, then by being sold into slavery, or by becoming the slave of
the injured party. A man condemned to death may not be slain if there is one dissenting
voice in his village. Under these circumstances a goat is killed in his stead. A piece of this
goat is given to every member of the community and the culprit is sold. When it is
decided to kill the murderer or culprit, the Kongo Zovo, or the prince, must hand the
person over to Mamboma, and he hands him to Maluango, who calls his Mankaka (or
executioner), and the latter cuts off his head.
Generally speaking, payment in a greater or less degree according to the crime is the
rule as to form of punishment. The only exceptions to the above are,-When a man sleeps
with a child not yet arrived at the age of puberty (Xina Xinselo) and so causes the wrath
of God and a drought and consequent famine. Or when a man presumes to commit
adultery with the wife of a prince (Ku sumuna nkawci Luango i matali) to sin against the
wife and the royal rites of marriage. In these cases the culprits, male and female, are
entirely in the hands of the Maluango, and they are bound hands and feet and cast into
the fire. Witches who have taken "casca" and have been proved guilty are also burnt. But
even in these extreme cases Maluango can spare their lives.
In the event of the crime being considered as in part justified by circumstances, or in the
case of a crime being committed without intention (Mamu Ma Bakici), on the spur of the
moment, by a hitherto good man, the King will take him on one side and reason with
him, pointing out that he has broken the law and must pay, but only in part, warning
www.globalgrey.co.uk