West African studies

by Mary Henrietta Kingsley

The law of inheritance for people of distinction differs from that of the kings in the fact that the eldest son inherits by right of primogeniture, and succeeds to all his father’s property, wives and slaves. He generally allows his mother a separate establishment and maintenance and finds employment and maintenance for his father’s other wives in the family residence. He is expected to act liberally with his younger brothers, but there is no law on this question. Before entering into full possession of his father’s property he must petition the king to allow him to do so, accompanying the said petition with a present to the king of a slave, as also one to each of the three great officers of the king. This petition is invariably granted. A widow cannot marry again without the permission of her son, if she have a son; or if he be too young, the man who marries her must supply a female slave to wait upon him instead of his mother.

Theft was punished by fine only, if the stolen property was restored, but by flogging if the thief was unable to make restitution.

Murder was of rare occurrence. When detected it was punished with death by decapitation, and the body of the culprit was quartered and exposed to the beasts and birds of prey.

If the murderer be a man of some considerable position he was not executed, but escorted out of the country and never allowed to return.

In case of a murder committed in the heat of passion, the culprit could arrange matters by giving the dead person a suitable funeral, paying a heavy fine to the three chief officers of the king and supplying a slave to suffer in his place. In this case he was bound to kneel and keep his forehead touching the slave during his execution.

In all cases where an accusation was not clearly proved, the accused would have to undergo an ordeal to prove his guilt or innocence. To fully describe the whole of these would fill several hundred pages, and as most of them could be managed by the Ju-Ju men in such a way, that they could prove a man guilty or innocent according to the amount of present they had received from the accused’s friends, I will pass on to other subjects.

Adultery was very severely punished in whatever class it took place; in the lower classes all the property of the guilty man passed at once to the injured husband, the woman being severely flogged and expelled from her husband’s house.

Amongst the middle class this crime could be atoned for by the friends of the guilty woman making a money present to the injured husband; and the lady would be restored to her outraged lord’s favour.

The upper classes revenged themselves by having the two culprits instantly put to death, except when the male culprit belonged to the upper classes; then the punishment was generally reduced to banishment from the kingdom of Benin for life.