Section VII-Of Contracts.

Contracts may be enumerated as follows:-Those between the King and his neighbours, those between prince and King, those between prince and prince, those between prince and Kongo Zovo, and those between individuals.

[1. Bark of NKASA.]

Treaties or contracts between Kings are brought about by a third party or mutual friend, who acts as intermediary and witness. Between the King or prince and his inferior, the inferior gives the superior a present, and in the presence of witnesses "claps his hands," "Kalambala nkele maluango nkici." On the creation of a market a gun is buried, and an agreement made that no arms of any sort may be brought there, and this is done in the presence of witnesses. Between individuals no contract is legal unless made in the presence of witnesses. These compacts are known by the words Nkaka or Nkankano.

The one thing in all these compacts that is essential is that witnesses shall be present, and when it is proposed to cancel a contract the contracting parties buy "malafu" (palm wine) in equal quantities, but deposited in one bottle or other vessel, and then in the presence of witnesses drink and agree to cancel the compact. But in the case of one of the parties refusing to annul the contract, the matter is taken before two or three chiefs or princes and talked out. In the event of the dispute arising out of inequality of service rendered, the division of profits is rearranged, or the contract declared then and there null and void.

All goods, Bima, are freely bought and sold except men, Bantu, the sale of men being a family affair.

A sale becomes definite after the transaction has been accomplished in the presence of witnesses, and the seller has " blessed it." He lifts his hands to his arm-pits, and then throws them out towards the buyer, and breathes or blows over the thing sold. This is called Ku vana mula, to give the breath, and is equivalent to saying " God bless thee."

Mbongo Masandi (or a piece of grass cloth measuring in length, including fringe, 45 centimetres, and about 25 centimetres in breadth) has been in use as money from time immemorial, although at present it may be said to be out of use, the French coinage gradually taking its place. Four of these small mats were wrapped in one bundle, Vili, and five of these bundles (20 mats) were called Milele Mbongo I Tanu. Ten bundles (40 Vili) Mbongo Fula. One hundred Mbongo Fula (4,000 Vili) were called Kama Mbonga. This was the price of a little slave of about five years of age. This equalled 8 fathoms of cloth,. or about 16 yards, or four francs, that is to say, 1 Vili was equivalent to .001 centime. The white traders' cloth is now doubled in 12 folds; three folds equals 1 long or "cortado"; and 4 longs or cortados form a piece of cloth sold for two francs. That is to say, one piece of 8 yards 21 inches wide is doubled into 12 folds or 24 laps.

Native custom allows the letting out on hire of men as of things. A native in need of labour might seek a large slave owner and hire slaves or others for the sum of five longs, the duration of the service not being definitely settled. Should one of these slaves die during the service, the hirer had to pass before the fetishes and declare that he had had no hand in his death. Under these circumstances he would pay the owner 20 longs. But if he had wilfully caused the death of the slave, he would have to pay 5 to 10 slaves in his place according to his wealth. The price of the grown slave was 5 times Kama Mbongo or 40 fathoms of cloth Kama Buta. This payment was called Ku Futa Li Bumi. (To pay that which is wasted.)

Slaves; are termed children of the "cloth", or Muana Ntu "the son of the head," in reference to the slave as the carrier). The owner is not expected to force a slave to do that which is wrong (Lu Kasu), but if he does the slave must do it, as his master has the right to kill him if he does not, and is himself responsible for the slave's action.

The domestic servants of a rich man are called Bavinji. A father may ask a friend to take his son as servant and teach him all he knows. Such a boy is called Xileci. The head boy or steward is called Xileci Xi Busu.

There is no lending at interest in our sense of the word. Where a man borrows goods he must pay back double the amount borrowed, no matter for how long a time he has owed them. Unless a certain date for the return of the goods is mentioned, the debt may continue for years. The writer knows of one case where a debt was 15 years old.

A man may lease his cattle to another under the following recognised conditions:-First increase goes to the owner; of the second the caretaker takes a female; of the third a male, the fourth goes to the owner.

A man may commission another to carry on trade for him. He gives him exact instructions, paying him half the profits, but exacts from him or his family any loss incurred. The sender is responsible to the family for any evil that may overtake the one sent provided that it cannot be shown that the evil was the consequence of his own folly. A man on leaving the country may commission his friend to act for him, but the service requested must be mentioned to the man commissioned in the presence of witnesses, and he may only act for him in that particular instance or on that occasion. No procuration to act generally for another is ever given. A present is given to one so acting for another, where no profit can be expected. The act or service accomplished and the profits shared or present given, ends the commission. The family being responsible, no general procuration is needed, for it rests with them always as a matter of fact.
In the event of a time for the repayment of a debt having been fixed, the creditor asks for payment, and if this is put off or refused he has the right to arrest anyone belonging to the debtor's family. This person is held until the matter has been publicly settled by palaver in the courts of law, when, the debt being paid, the prisoner is set at liberty. The person thus arrested is not necessarily of the same family as the debtor, but he should be of a family in the same princedom or province, that is some one living not very far from the debtor. This captive receives payment from the debtor quite apart from the creditor, but as the result of the judgment of the same palaver. And this is the only form of security for the payment of a debt which the native law provides for.

Nice post everyone.

Everyone check out my mansa Musa thread. https://www.nairaland.com/1268954/mansa-musa-really-great-man

we really need to start showing more respect for the Kongo kingdom in west because it has given us so much.
Although we are caribbeans, our cultures are miniature replicas of Kongo ppls in so many ways it's not even funny.

lol am i just getting started on the Kongo/Angola Kingdom's everlasting influence on the diaspora!

i haven't even touched brazil!

CAMEROONPRIDE: Only a fool will put Bantu and savagery in the same sentence. Op nice job keep it up thanks.

you just put both words in the same sentence.

D*mn Kails! Keep up the good work.

*Kails*:
lol am i just getting started on the Kongo/Angola Kingdom's everlasting influence on the diaspora!

i haven't even touched brazil!

You know the Igbos invented those dances right?

Mrs.Chima:


You know the Igbos invented those dances right?

You are too much.

olumidaie:

you just put both words in the same sentence.