DOI Seite / Zitierlink:
https://doi.org/10.11588/diglit.49272#0294
278
HARVARD AFRICAN STUDIES
ivory by his own hunting parties or as a kind of tithe on other hunting expeditions. The
ground tusk, i.e. the tusk on the side on which the elephant falls when killed, was the chief’s
share. In the same way, the hind leg on the ground side of any game animal killed was sent
to the chief. He took a share of the spoils of war and most of his people yearly gave him
either service in building houses, etc., or kind in the form of food-stuffs, but he enforced
no service and levied no tax, except for the making of a new burial place.1 New settlers
in his village were expected to invite him to drink beer made with their first crops.
In return, he always provided cloth to invest the body of the dead. He also made pres-
ents at the time of Unyago.2
A chief’s life, therefore, may not be “ all beer and skittles,” though he consumes a
good deal of the former and a kind of skittles3 was a favorite pastime of one of the
Malemyas. A saying embodying this idea was used when pleading for a man who had
committed adultery with his chief’s wife “ one who carries a tortoise (on a string over his
back) is likely to get his clothes soiled ”; a man has to put up with the troubles his belong-
ings bring him. So a chief must bear with his own people who do wrong.
Ample opportunity for exercising such forbearance was provided, since the chief was
formerly the adjudicator of all disputes and dispenser of justice in all crimes. The headman
did the same in a smaller way but appeal could always be made to the chief. Cases were
heard by the chief sitting in council. He and his headmen and elders would assemble in
the village open space and here cases were stated, often at great length.
Each party to the case would employ some man well known for his powers of oratory
as leading counsel. The speaker for the plaintiff would start proceedings by a recital of all
the evidence he could collect. After him would follow innumerable speakers, whether
actual witnesses or not, each telling as good a story as he could, and the defendant’s case
would then be put by his representatives. There was no cross-examination but at the end,
a summary was made and judgment given. A chief often took the advice of some one of
his old men whom he trusted.4 The chief received no payment for his services, except in
the case of murder; neither did the “ counsel ” receive anything for their efforts.
Crimes. Causing the death of a person by witch medicine, usawi, was the most heinous
crime; a mwai ordeal might be held, but if the offense was proved, burning was the pun-
ishment which usually followed.
The offense second in gravity was adultery. This might be expiated by payment or
by death, according to the circumstances under which it occurred; mutilation was often
performed in the case of a chief’s wife. All death sentences with the exception of those
1 Vide supra, p. 244. 2 Vide supra, pp. 248, 264. 3 Vide infra, p. 360.
4 The old Malemya (Nahitumbo) has some very fine men among his counselors. Kumtupa and Chiupile, the
latter renowned for his oratory, were his chief advisers in legal matters. Ndeleka, a slave, was his mentor in all per-
sonal and family affairs, while Chekasongo was in charge of all ceremonies and served with his assistant, Mpanje,
as high priest on all occasions of intercession. Others acted as his emissaries, such as Mkopiti who always went on
any missions to the Angoni, among whom he was known as Ndonjira.
HARVARD AFRICAN STUDIES
ivory by his own hunting parties or as a kind of tithe on other hunting expeditions. The
ground tusk, i.e. the tusk on the side on which the elephant falls when killed, was the chief’s
share. In the same way, the hind leg on the ground side of any game animal killed was sent
to the chief. He took a share of the spoils of war and most of his people yearly gave him
either service in building houses, etc., or kind in the form of food-stuffs, but he enforced
no service and levied no tax, except for the making of a new burial place.1 New settlers
in his village were expected to invite him to drink beer made with their first crops.
In return, he always provided cloth to invest the body of the dead. He also made pres-
ents at the time of Unyago.2
A chief’s life, therefore, may not be “ all beer and skittles,” though he consumes a
good deal of the former and a kind of skittles3 was a favorite pastime of one of the
Malemyas. A saying embodying this idea was used when pleading for a man who had
committed adultery with his chief’s wife “ one who carries a tortoise (on a string over his
back) is likely to get his clothes soiled ”; a man has to put up with the troubles his belong-
ings bring him. So a chief must bear with his own people who do wrong.
Ample opportunity for exercising such forbearance was provided, since the chief was
formerly the adjudicator of all disputes and dispenser of justice in all crimes. The headman
did the same in a smaller way but appeal could always be made to the chief. Cases were
heard by the chief sitting in council. He and his headmen and elders would assemble in
the village open space and here cases were stated, often at great length.
Each party to the case would employ some man well known for his powers of oratory
as leading counsel. The speaker for the plaintiff would start proceedings by a recital of all
the evidence he could collect. After him would follow innumerable speakers, whether
actual witnesses or not, each telling as good a story as he could, and the defendant’s case
would then be put by his representatives. There was no cross-examination but at the end,
a summary was made and judgment given. A chief often took the advice of some one of
his old men whom he trusted.4 The chief received no payment for his services, except in
the case of murder; neither did the “ counsel ” receive anything for their efforts.
Crimes. Causing the death of a person by witch medicine, usawi, was the most heinous
crime; a mwai ordeal might be held, but if the offense was proved, burning was the pun-
ishment which usually followed.
The offense second in gravity was adultery. This might be expiated by payment or
by death, according to the circumstances under which it occurred; mutilation was often
performed in the case of a chief’s wife. All death sentences with the exception of those
1 Vide supra, p. 244. 2 Vide supra, pp. 248, 264. 3 Vide infra, p. 360.
4 The old Malemya (Nahitumbo) has some very fine men among his counselors. Kumtupa and Chiupile, the
latter renowned for his oratory, were his chief advisers in legal matters. Ndeleka, a slave, was his mentor in all per-
sonal and family affairs, while Chekasongo was in charge of all ceremonies and served with his assistant, Mpanje,
as high priest on all occasions of intercession. Others acted as his emissaries, such as Mkopiti who always went on
any missions to the Angoni, among whom he was known as Ndonjira.