Essence of Law

ESSENCE OF LAW
FEYOU DE HAPPY
XVIth - XIXth c.- Bamileke Architecture. Frontispiece. Classical architecture. was conceived to create cool temperature in summer (dry season) and warm in winter (rainy season). Edifices were two or three levels structures. Vestiges were burned down to the ground during Bamileke Genocide organized by neo-colonial armies.
Essence of Law Ancient Africa Bamileke
8 Essence of Law Authored by Feyou de Happy 5.06" x 7.81" (12.85 x 19.84 cm) Black & White on White paper 380 pages ISBN-13: 978-1453700136 ISBN-10: 1453700137
Feyou de Happy
ESSENCE OF LAW (Original title) Lesprit des Lois
Royal Democracy & The legal system In Ancient Africa-Bamileke
Translated from French by Alexis Maxime Feyou de Happy Essence of Law Ancient Africa Bamileke
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Copyright1999 Joseph Feyou de Happy Translation copyright1999-2010 Alexis Maxime Feyou de Happy
(Loi sur la production littraire). All rights reserved. Obtain permission from the author or translator for any reproduction or adaptation whatsoever This is a second translation. Made with direct agreement from the author. The first translation was lost in America (circa 1998-2002).
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NOTE In this second publication the judicial process is codified by Articles of Law. This makes the legal system more understandable. It also helps to summarize the writing of procedural complexities. Joseph Feyou de Happy
This book, first English publication (third overall including French publications) of Lesprit des Lois brings to life fundamental social precepts (honor, family, work ethics and due respect for elders). It underlines the importance to preserve the past and honor the achievements of our forefathers. It exhorts to strive for a better world. Alexis Maxime Feyou de Happy Essence of Law Ancient Africa Bamileke
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CONTENT
HISTORY 17 BANA: GREAT NOH 21 INTRODUCTION 31 FOREWORD 33 FRENCH PUBLISHERS NOTE 45
PART 1 Articles covering social framework from birth to adulthood
BOOK ONE: BIRTH, NAME, POWER PEOPLE, NAMING, CIRCUMCISION, TWINS 49 Name-power & Family 59 Circumcision 65 Twins 73
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PART 2 BOOK II: ROYALTY, IMMIGRATION, MARRIAGE, PATERNITY, DEATH, SOCIETY & BELIEF Articles covering civilization: Immigration Law Alien Rights & Privileges Albinos Prerogatives MARRIAGE 89 Rules & Conditions of Marriage 93 Engagement 99 Pre-requisite for Marriage 105 Wedding Act 113 Tattoo Readiness 117 Techniques of Tattooing 118 Tattoo Celebration 170 Contesting a Wedding 123 Marriage Ties 128
Separation & Reconciliation 133 Wedding Agreement 139
PART 3 Articles covering civilization with an accent on family 15
Statute of Dot 141 Restitution of Dot 143 PATERNITY 149 Fatherhood 153 Adoption and the Legitimacy of Adoption 155 Consequences of Adoption 157 Power of fatherhood 159 Underage-Minority 163 Emancipation 166 Seniority 169 DEATH 173 Royal Dusk- Death of a king 183 Widow and Widows 189 Funerals 193
PART 4 Articles covering social framework
SOCIETY & BELIEF 209 CRIME & PUNISHMENT
213 SOCIAL RELATIONS 217 SENIORITY 225 Royal Protocol 231 Mafo-Mafeu (Queen Mother- Titled Woman) 239 1- Mafo: Queenmother 2- Mafo: Sister of King Miafo-Miafeu, Miapou (Brother of King- Prince) 245 Tafeu-Tafou- Ptah Fu (Father of King) 248 Princes: Descendants of King 248 NOTABLES, DIGNITARIES, LORDS 252 What is Required to be a Lord 260 Banishment 261 Alimentation
PART 4 Articles covering civilization with an accent on Business 267 BOOK III BUSINESS LAW & PROPERTY LAW 273 Goods A definition 275 Real estate 277 Sharing Ownership 279 Rights to Trespass (Art of Conviviality) 281 Acquiring properties 285 Inheritance 287 Accepting or Rejecting Inheritance 293 Heritage without an Heir
301 Dividing & Sharing Properties 301 Challenge To Inheritance 305 Taking Care of Creditors 309 Endowments & Foundations 313 BOOK IV: BUSINESS, TRADE & EXCHANGE 315 Business Rights & Prerogatives 325 Business Responsibilities 326 Duties & Responsibilities 329 Trade & Exchange 331 Partnership 335 Tontine (Mutual Fund) 337 In Memoriam 349 French-Bamileke Summit (1954) 356 SUMMIT 359 Author & Translator 369
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HISTORY
Lesprit des lois the French title, literally meant Spirit of Law, fundamentally: Essence of Law. It is based on the testimony of last witnesses of 19th century Bamileke. Were interview important members of congress (Komji) and chamber of lords (Kamvu) as well as surviving lawyers. The translator of this book is the second son of the of the author. He brings to this work, the cultural legacy he received from his extended family and grandparents. He knew, met and conversed with dignitaries and lords from ancient Bamileke as well as early and mid twentieth centuries Sultanate of Foumban. With his father, then Prefect of Mbamboutos, Cameroun, he toured the entire country side of western Cameroon in the sixties. They met in person most leaders and princes of the time as well as ancient colonial leaders. He therefore understood at the roots elements of law delineated in this work and edited by his brother Serge Feyou de Happy, PhD in Law, Sorbonne Universities.
20 Prince Joseph Feyou de Happy, author of Lesprit des lois, brings to this book his great knowledge of the power of Law. Two times Prefects (Kribi and Mbamboutos) during the most difficult times of Cameroons rise to statehood. He had the opportunity to appreciate in its chore the depth and importance of Law. Bamileke kingdom and principalities were destroyed in colonial era (early twentieth c.)
Bamilekes heritage survived in Modern day chiefdoms of Pumbo, Bana, Bamenda, Banka, Bafang, Banga, Bagangte, Badomkassa, Badjoun, Buea, Bafoussam, Baham, Dschang, Bafut, Batie, Mbouda and many other existing chiefdoms of present day Bamileke confederacy. This work is a succinct compilation of Bamilekes ancient law. The kingdom of Noh (Bana), was reduced upon colonial wars to the chiefdom of Bana, its ancient capital. The liberation spirit nevertheless allied to a national movement with members from all territories of Cameroon. The United People of Cameroun (UPC) had Bamileke princes and princess as members. Many died in anonymity. Among the early leaders of the liberation movement was princess Mabu of Bana (d.1965), once interim queen (when her father, HH Nka La keu of Noh, was manu militari exiled by colonialism). She later became the first woman president of UPC, a national party whose first great leaders were Um Nyobe (Southern Cameroon) Felix Moumie (Sultanate of Foumban) and Ernest Ouandie (Bamilekes principalities). Essence of Law Ancient Africa Bamileke
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BANA (GREAT NOH) BRIEF HISTORY
In 1962, a decree effectively divided the kingdom and reduced it to the district of Bana. All ancient dukedoms, counties and hamlets were elevated to the rank of chiefdom in equal footing with Bana. Today most people have forgotten about the ancient kingdom. Historically Banas citizens called themselves PaeNoh (inhabitants of holly Noh), later transliterated Bana. The notion of Noh as a holly place has a deep history that finds its origin in the long exodus that brought Bamilekes ( Peopel of the faith) in the
Grasslands of Western Cameroon. Among the migrants were Pumbo (children of the Father), Bamoun (before conversion to Islam), Bamendjou, Bazoo, Batcha, Dschang or Ba Dschang, Bafoussam, Bamenda, Bali and many other. All forming what is known as Bamileke principalities. In effect Dukedoms and Hamlets created by princes. The exodus began about 3000 years ago. The final move southward from lake Chad areas to western Cameroon took place between the ninth and sixteenth centuries.
Law in classic Bamileke was passed on orally through royal academies. It was here that the young got a first hand training and schooling in their civic duties. Pupils were trained by teachers named Tchindas. Though their primary role was to teach princes, they also Essence of Law Ancient Africa Bamileke
22 carried leadership positions in various societies. According to the people of Nho, the Law was known by all and widely observed because it was culture. Things were expected to be done a certain way. The people of Nho were called Bamilekes by French colonial administrators. Anecdotally, a translator told them Pah-me-la-ke! Translated: People of Kah (also written: Ke or Ka)! where bame as it was transliterated, stood for people, laKe meant: country of Ke/Kah. Bamileke language being monosyllabic one word sometime has many meanings. Thus La-ke could also translate as Soul/Survival/crab/alliance/Wisdom or light). Ba-me-la-ke if understood semantically would mean therefore People of the Light. This better agrees with Bamileke ontological understanding of their ancestry. Where the notion of tunam considered the climax of Holiness in Bamileke theology, associates the term to the sun, thus light. It is clear therefore that they indeed referred to the light and not a mountain, valley of low land as some scholars have claimed. The notion of the light: the sun or the star is well documented by Bamileke royal iconography. The light or the star is often represented as a star in the most important religious symbols. The correct transcription should have been Pameleke since Ba is phonetically: Pa, when the translator spoke Nufi. Bamileke language was transcribed in Latin characters, thus its present day linguistic structure. In conclusion: Pameleke = Bamileke = People of the light (literally people from the country of the ligh)
It could have been instead and perhaps more accurately transcribed in Chinese character. Just like Mandarin, Bamileke is mono syllabic. This matters because Latins rooted structure takes something away from Bamileke's languages structure, clouding the meaning of certain words. Thus Ba-mi-le-ke, where each consonance has a particular meaning (Ba=people, mi or me=from, le or la=land and ke or ka (light). Latinized it gives one word which is: Bamileke. When it comes to title and given name however a wrong transcription can totally distort meaning. Take for example the name of king Essence of Law Ancient Africa Bamileke
23 Kalakeu (see picture at the end of this book) who unified Bamileke kingdoms in 19tth centuries. His name is really Ka-la-ke (three consonances) , where Ka stands for soul/wisdom or light, etc and La as well as Ke instead of Keu, verified the description given earlier. This transcription by itself gives its full credit to the king: the Soul of the countries of Ka/Ke (in other words La Ke; same roots found as suffix in Bamileke1) whereas the Latin transcription gives room for confusion, since the name becomes one word: Kalakeu. To someone who has no notion of Bamileke language it is impossible to seize the three words hidden in Kalakeu. This is particularly true for those generations of Bamilekes or scholars that did not have a firsthand experience of Bamileke history to assist them in the understanding of Bamileke language. Historically, NkaLakeu of Noh was a conqueror. He was also the father of Bamilekes short lived kingdom. There were however other principalities in the Grasslands South of the Adamaoua plateau. Diplomatic relations were established, notably with Bali and Foumban, economic relations extended to Igbos kingdoms of present day Nigeria, encompassing what is known today as English Cameroon. The great exodus carried Bamilekes ancestors from one part of the globe to another. They brought with them 1 Kalakeu sobriquet in ancient Bamileke was Panther of LaKe.
Panthers being the soul par excellence of kings, the notion of Ka as soul is hereby verified. We may note also that in ancient Egypt, Ka had a similar meaning. Essence of Law Ancient Africa Bamileke
24 their civilization. Though most of it was lost in the course of a journey mired by wars, they managed to keep essential elements of law and philosophy. They count among their ancestors people that met from the Mediterranean Sea to Lake Chad: Jewish, Asians, ancient Egyptians proper, Greek, Romans and Heartland Africans as African Art in general clearly illustrates. We must accept our ancestors, no matter who they are. Irrespective of their color they should be honored. This maybe one of the most amazing precepts hidden in African Art. In Victus Libri or Classic African Art, internet publication by AMF de H., the secret language of African Art is summarily decoded. Its iconographic value and historicity. Bamilekes ancestors came from the North. Fully aware of these reality French colonials decided that Bamilekes were Semi-Bantous, a sullen admission that they were culturally and genetically mixed. The first French administrators to have studied the kingdoms recognized what they called Nilotic (Egyptian) and Asian elements in ancient Bamileke civilization. The great question is to know whether Bamilekes civilization fully developed in Grassfield or whether it enriched or maintained the substrate of a lost civilization from which it descended. 2
Essence of Law Ancient Africa Bamileke Whatever the case maybe it is very difficult to assess what was kept, groomed or innovated. Indeed, the genocide3 that killed from 400,000 men, women and children and occurring between the fifties and seventies in Western Cameroon burned to the ground about 400 villages, dukedoms and counties: Whole villages in Bamileke Cameroun were napalmed by the French
Army says French pilot, Max Bardet, who participated in some of the murders...They killed anything between 300,000 to 400,000 people; a veritable genocide... www.postwatchmagazine.com.. Quoting Bardet. It destroyed thousands of artistic treasures and architectural masterworks. It is a miracle that enough subsisted to allow the author to gather an idea of law from the lost kingdom. From what we know today however we can safely propose that existed in ancient Bamileke a fascinating social structure from which we would have learnt a great deal about African past. Notably, the strange conviviality between democracy and royalty that developed long before they were aware of British style of royal democracy. As evidenced in this work. There was in the ancient African kingdom what could be called yes indeed: royal democracy! Royal because there was a king. Democracy because there were elections at all level of society. It must be mentioned here that Bamileke understanding of a king is merely that of a leader recognized and respected by all. Indeed, the king like any other citizen was ultimately responsible before the Court. How was this possible? In Bamileke pre-colonial era, there were two houses of lords known as the House of Komgy and the House of Kamvu with elected members. They were both subjected to the rule of Law. That applied to the king as well as the people. The House of Kamvuh stood as Supreme Court. It held many rights including that to depose and even execute a king (there is the example of a king condemned and beheaded after trial for the crime of slavery). Slavery indeed was against the law in pre-colonial Bamileke. And independently of what happened abroad. Essence of Law Ancient Africa Bamileke The Kamvuh therefore was indeed a supreme court with the power to put the king on trial. It was constituted of nine members including the queen mother. The Mafo or Queen mother was a member with effective rights. She was represented by the number zero (though she sat by right in the court, she was not officially counted as a member of the Kamvuh). Furthermore the new king was elected, educated in close chambers and sated in power by Kamvuh. For more on this subject, see the authors and translators works on Bamilekes history. Decisions were made by vote. Besides the Kamvu, people also exercised their right through a system of Family Counsels where decisions were taken democratically with exceptions to the right of perennity (due respect given to elders).
The ancient system of law described in the Essence of Law was pretty sophisticated. According to French colonial officer and writer Mr. Lecoq, during trials there were lawyers that represented the accused. The trial itself was recorded on a complex system of linear symbols inched on a bamboo stick as Mr. Lecock witnessed in the first part of the twentieth century. The sign therein inlaid were comparable to digital bars on modern day products, only in a larger scale.
In 1954, HH Ptah Fu Happi, last king of Great Noh (Bamileke), met French leaders at the Summit of Dschang, (see picture Essence of Law Ancient Africa Bamileke
27 at the end of this book). The goal of the Summit was to avoid war. King Ptah Fu did everything he could to save lives and prevent Cameroon from turning into a never ending war. His philosophy for peace was transmitted to his children and grand children. The law herein transcribed was observed in Bamilekes principalities between the sixteenth and early twentieth centurys. What is demonstrated with the Essence of Law is the human continuous struggle to achieve justice and equity for all. The thrive for a better society.
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Last King of Bamileke Ptah'fu Happy of Noh (d.1981) Essence of Law Ancient Africa Bamileke (oil on canvas Feyou 1989)
On a personal note: Once my father published Lesprit des Lois (French title for Essence of Law), he sent me few copies. It is with great honor that I welcomed the opportunity to translate his work. We believed that this work deserved to be known in the English world as it is in the French world (The French Cultural Center in Douala made a special presentation for this book when it was published in the nineties). This is the work of a man that devoted his life to public service and saved many in the process. Two terms Prefect (Sanaga Maritimes and Mbamboutos), he is a Knight of the Legion of Honor and retired Vice-President of the National Assembly of Cameroon. Most of all he is a beloved father, grandfather, husband and friend. Few people have to confront death in the course of their career. Few people have to keep sturdy silence on their heroic deed and fewer people after great achievements find the energy to work for the benefit of humanity. Prince Joseph Feyou de Happy did just that. Though he lives in Europe and strove through the Essence of Law Ancient Africa Bamileke 30 valleys of African struggle for independence, challenged by colonialism and neocolonialism, he never complained of racism. A man of respect and honor that at the ultimate hour, is still working very hard to share secular knowledge with the world. As I am writing these words my father is fighting with cancer. This is a second edition of this volume. My father died couple weeks after this book was published. He wrote this book as a service to humanity. When I told him one week before he left us that the book was in print and that proceeds will help open a foundation to assist people in need and the family. He said: Good Alexis! I support it! These were my father's last words. May his last wish be fulfilled. If not by me by anyone that understand the ultimate legacy of our ancestors. Which entails continues development toward a better world for all. Alexis Maxime Feyou de Happy
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INTRODUCTION
U pon close analysis, it appears that Grassfield is more appropriate to designate western Cameroon. Contrary to Bamileke it gives a more suitable description of the country. Indeed Grass stands for grass and field for country side. When you leave the port of Duala, heading west, the road is flat. Altitude varied from 0 to 600 meters in height. Then suddenly appears a haughty mountain. This is the frontier of central Cameroun and western Cameroon. It hits you just as you leave the bridge on the river Nkam that flows on the upper side of the city of Bafang. The sudden appearance blocks all sights as if Nature was telling us: beware! You are now about to climb the great
Grassfields. Mountain heights reach 1,000 to 2,000 meters in altitude. Nothing is going to be the same anymore. Everything shall change: from the weather to the climate. Earth itself is going to change. Everything! The change
Essence of Law Ancient Africa Bamileke 32 extends not only to the land but to people as well. That is culture, economic system and more.
I would like to take this opportunity to thank those who have kindly contributed to this work. I extend my gratitude to my son as well (first son, Serge Feyou de Happy):
Mr Jean FOTSO, Magistrate Master Joseph DIFAK, Lawyer Mr Serge FEYOU de HAPPY (II), Master in Political Sciences. Consultant in Cross-cultural management J.F. de H.
Grand Duke Joseph Feyou de Happy (d.2010) Author of this book first published in 1999, Cameroun (Picture, 1968 officiating Cameroon's independence day)
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About The Picture
So Miafoh (Prince) Joseph Feyou de Happy, Prefect of Mbamboutos, (c.1969) Uniform, blue navy, Private Upper Couture Boutique of Princess Chuani (Tsu Ani) Alphonsine, first spouse Feyou de Happy. She studied with Christian Dior in early 60's. The Prince is wearing his Knight of the Legion of Honor Medal and his official uniform as Prefect of Mbamboutos, Cameroon. Uniform was worn during National Holiday celebration. He customarily gave a speech to open the ceremony, right after the national anthem, rising of the flag and review of the troops.
FOREWORD
G lobalism is a powerful and threatening change that proved to be lethal to fragile societies. Moral values are vanishing. Demeaning contingencies, perhaps dangerous to social structures threaten to stay here forever. Here, comes a patriarch, Joseph Feyou de Happy, 81 years old, determined to share his wisdom with the world. It is an ultimate attempt to assist, perhaps contribute and safeguard civilization. Who else but Mr. Feyou de Happy could talk with such knowledge and authority? A public servant with a
fantastic political carrier, his great age, his fine understanding of people and customs, notwithstanding a Prince of unquestionable legitimacy. His work comes from great depth. A work of extensive research. Here he shares with the world the great Bamileke custom. It is a work of rigor. Straight forward. There is a profound desire to preserve the past, perhaps to enrich us all. It is a wealth of culture. This work as it appears is not only for the inhabitants of Grassfields (Bamileke). It is a gift to humanity at large. A work done for all those that love peace, progress and liberty. A work for well minded people. Here they will find a great wealth of knowledge, a fine source of precepts. Values conducive to the fulfillment of social and spiritual accomplishments. Shall we speak here of a master work in judicial sciences? There is clearly a synthetism of civil rights as well as Penal law. There are various procedural functions that affect morality, religious and political precepts. But it is in the attempt to show with humility and courage the proper way to behave according to Bamileke customs, seen here as an indication of civic responsibilities, extending from birth to death, that we finds the great value of this work. Thus we shall mention various references to marriage, engagement, inheritance, esthetic and worthy aspects of social life. This work stands out as a true guiding light to the world in general and Bamileke in particular. It is a safeguard to the risk of indecency, the dangers of temptations and vagrancy. The perils embedded in doing things the easy way. This Book is a true guiding light for all as it is for Bamilekes. It is a book that may protect us from promiscuity and the devious glitz of temptation. When life challenges us, when we find ourselves facing great trials and obstacles, when tempers flares, when our views diverged and debates get heated, may any one of us reaches to this ancestral law and say with pride and confidence: It is written! Here are covered all events that marks a mans life. Be it happiness or sadness. With this book we are not alone anymore. There is no more accident, no more hazard but the security of a knowledge that is a safeguard. Bamilekes century old tradition is here to be witnessed in its pure form. Its deep sense of value, its world ethics, its search for truth, its utmost dedication to justice maybe shared with all. This work is not just for Bamilekes. It is a treasure for the world. It was about time!
One may say. Here are the values that lead humanity to ever greener meadows. We are reminded of remarkable works. That of Jean-Louis Ndongmo, from the university of Paris (university Paris X, 1978) department of Geography and Abbot Ketchoua in his 3000 years of western Diaspora. Though both works are scientific studies with great historical reach as well as cultural means, these great works on Bamileke will stand as: genesis, exodus and Number, while this present opus would be compared to Deuteronomy or the Leviathan. A Compilation of laws. It is a great honor to write this preface, not only for its scientific presentation but also because of its historic dimension, its sociological and moral depth. It is a book for all. A book that will bring back to the hearth of peace and progress children from all hemispheres, from home to the Diaspora. They all now have in their hand a great tool for assessment and direction. Perhaps a great achievement, at last perfectible. Here we present the quintessence of a great book. The word of God was at the beginning. Word is power and a man must be judged by his word. The word is the expression of eternity. Our ancestors understood that well. Thus we shall make the right choice, enlightened by customs thus codified. Lets follow their leads, so that we shall not be lost any longer.
Magistrate (District Attorney) Jean Fotso,
Essence of Law 18th-19th c. Bamileke 37
INTRODUCTION
J uly 1996, we are in the early days of summer break. I decided to take a stroll to the State District Attorney Office. To pay a courtesy visit to Federal District Attorney. Mr Jean Fotso, City Court of Bafang. During the conversation, out of the blue ( impromptu), the young man asked me the following question: Mr. National Assembly Vice-president (Monsieur le Viceprsident de lAssemble nationale ), Sir, you are a Prince from the important kingdom of Bana, you are of great seniority and your intellectual background, political and professional, are quite impressive. You are also a modern and distinguished patriarch. You cannot stand aside while our youth are going astray. They have lost their way. They are selling out their sense of value. They are in cultural disarray. Their ancestors built a prestigious civilization. A civilization that was rich, human and admirable. It is impossible that a man of your stature will stand on the side and remain silent. He should instead shares his knowledge, perhaps educate. Mr. Vice-president, it would be a great service to Humankind. A service quite superior to politics as usual. Politics are taking a toll to your great age. Eating up your energy So I asked the young magistrate what did he expect from me? What could I do for the youth? I asked him? His answer was straightforward: You must write! He said. You must lay down the laws and customs of Bamileke. Let it be a broad work, so that in the future people when
faced with conflicts may open their book as it is done with the Bible. There they shall read what existed. This way we may have something to assist us. A book of Law for all. Posterity will be grateful. Do it for the youth! he concluded. Thus on my frail shoulders were laid the weight of a People. I had to fulfil their quest for history. I could not give up. The magistrate was right. I had to do this; I had to write this book. I then expressed my gratitude to the respectable young man. I told him that I was very touched by his request. Since that time I have worked with love. This work was purely dedicated to the youth with no regard whatsoever to financial gains. It was my joy to be in such a position that I could share with them the wisdom of the past. That they may learn from this book the cautious and well thought knowledge that brought the seeds of prosperity to our people and lead us to the right path. The ancestral wisdom that inspired in the youth the desire to do well and prosper. I could no longer stand by and just wait to die. I will not be another patriarch that lost the opportunity to share his knowledge with the upcoming generation. I had to work hard on this assignment. I wanted to leave a genuine body of work for posterity. Hence I went back on my table. I worked hard day and night, seeking advices when needed to people of the same age group as mine. I was inhabited by the inflexible will to transcribe the great oral tradition of our forefather. May those that were initiated to the secret of the past, in their pure form, be inspired to enrich the future with the vibrant wisdom of our ancestors. May they take a sip into the holy grail of knowledge: this mighty stream that enlivened social relations under the glorious sun. Few month later I went back to see the young magistrate. This time I was able to share with him the early stages of my work. He was surprised to realize that he did not spoke in vain. He had no idea that I gave great thought to what he told me. He realized that I took him seriously! I had given all my best to the project. His joy knew no limits: My words were not in vain! He exclaimed. Now that I am retired from politics, I am once more reminded of this faithful meeting with Mr. Jean Fotso. He
is dearly regarded for his valuable challenge. His observations went to the point. It is thus with great pleasure that I asked him to write the foreword for this book. A book that find its roots from the depth of Bamileke civilization. In the course of history Bamileke customs and traditions were often distorted, sometime rather violently altered. The effect of such changed strongly affected the youth. Most of them were uprooted from their culture. They left for the cities, they even journeyed abroad. May this book close the gap thus created. From another prospective, a book of this magnitude, that is a compendium of what our culture has to contribute and written from different geographical areas while expounding similar cultural and social affinities may bring about a unified view of our lost civilization. A synthesis of such work will serve as cogent basis for national law. Such Law will be based on what we have in common. This would be a great document of reference. A document more suitable for civil and criminal court. With this in mind we hereby invite researchers and scholars of all fields to partake to this labor. They have our moral support and encouragement. Ultimately, this work is barely a link to great channel of research and discovery. It has no other pretension.
Joseph Feyou de Happy
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FRENCH PUBLISHERS FOREWORD
Have African societies managed to keep a sense of history in the wake of globalization? Where do they find the strength to keep on going? Where do they get their rites and customs, social dogmas and legal framework? How do they manage to preserve their sense of identity? What about their vision of the world? This book invites us to a solemn journey to the past. It engages us into seldom roads. Its an odyssey into the depth of culture found in the holly fields of our common history. It all stems from the heart of a civilization that managed perhaps better than other to preserve despite the vicissitudes of history the core of its culture. Here we are lead into the halls of knowledge and culture in western and northern Cameroon Here we find a dynamic people sometime feared, often admired; a dynamic people that found its strength from respect and attachment to a multi millennium old civilization: Culture is the ability to think in a well structured manner. The mark of civilization is revealed by a society that can translate into symbols its thoughts and emotions said Kluckhon. This marvelous book allows us to understand from the inside the mechanical structure of a civilization. Here we can appreciate the transmission of values, the role of symbols, the manner of life, the intricate mechanism of cultures and its collective impact. Human conflicts, misunderstandings between people, ethnic frictions in general are often the results of social conditioning, and other cultural factors. Now as such ethnic conflicts are once more showing their ugly head, as intolerance tend to rise again, it is essential to build new bridges, to give to each other the means to understand each other anew. It is a matter of urgency. How is it possible to understand each other if we do not know where we came from? If we do not know who we are? It is here that we better appreciate the value of such an opus, the importance of great writing of this type. We need more of this kind of work. This book is the result of a long and arduous journey into the study and appreciation of culture. The author did valuable research work. He gathered his informations
from living witness. They gave him essentials elements of culture as found in oral history. This work thus belongs to us all. It is our common patrimony. It is a treasure for humankind. It belongs to the world.
PART I
BOOK ONE PEOPLE
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BIRTH:
ARTICLE 1: It is an obligation to the newly wed and to the couple to prepare for the birth of their child. They should make sure that they have done what is needed to welcome a new life into the family. The husband should gather enough wood for heating purpose. He must have a stock pile. The wife must make sure that there is enough food. She must also seek and keep a special wood called padouk (red wood also known as acajou wood). Observation 1 To be a father or a mother you must accept the responsibility that comes with it. The first responsibility of a couple is to insure that the means exist to welcome a child into the world. This elementary responsibility stands at the bedrock of society for a child that is loved will grow to be if not a pillar, a productive member of society.
ARTICLE 2: During birth the midwife must be assisted by two helpers. They will follow her directives. Their main role is to cut the belly button cord and to do away with the placenta. The placenta shall be buried under a special tree called childs plantain-tree . The tree grows in the fathers concession. Observation 2a Medical and family attention in childbirth (Childbirth medical assistance. Today observed in hospitals or by first responders like police and emergency officers. In todays world directions are different but such basic requirements as the separation of ombiblical (bellybutton) cords are still observed. The requirement to bury the placenta under a banana tree maybe supernatural with a scientific overlap. Supernatural because the plantain tree holds an important role in Bamileke mysticism. Scientific because burying the placenta under the tree is feeding the roots that feed the tree, which feeds life (people) a fortiori the family. It is today proven that essential cells in the placenta are used in research labs. Bamilekes in the XIXth century had already discovered antibiotic plants. They used it to heal great wounds. There are anecdotal evidences, notably that of a warrior whose belly was opened by a sword. His intestines were held by hands as his comrades brought him back home to be healed by the doctor of Nho and his assistants using traditional herbs and
medicine) One may compare a pregnant woman in labors to a warrior in the mist of war. In this light, each successful birth is a victory at war. Thus the joy of birth does not merely salute the new child; it is the celebration of a dual victory: that of the mother and a welcome salute to new life. We may now understand why great celebrations are expected with a new child. It is advisable to openly show happiness. A well guarded smile in this circumstance maybe mischaracterized as a lack of decency (uncivilized) Observation 2b The battle for life that represents maternity. Importance of social manners. Respect of cultural guidelines. The fabric of society begins at birth. When the new born is a boy, the father is proud to see the new born as he would his own future. The heir is seen as someone that will assist the father in mans work. If the new born is a girl, the woman shall rejoice. The mother is happy to welcome a friend. She sees in the newborn someone that will share secrets and more. The father smile to the newborn that is a girl. For a father that has many girls is a wealthy man. The understanding of wealth here goes beyond material goods or such considerations as the Dote (nominal contribution to the social capital that is all marriage, now considered as the symbolic value of a bride). Wealth in this context (Article 2) is rather the matrix of social cells (in-laws). It is a social bounty that extends to the family at large. The potential power & strength, represented by in-laws. The visualization of social networks. All connected to the future wedding, when his grown daughter shall marry. Essence of Law Ancient Africa Bamileke
ARTICLE 3: Mother and child are entitled to healthcare at birth. Mothers of twins and the twins themselves shall receive
extra healthcare. There will be special ceremonies for twins. Handling of the newborn: In general, the nose of the new born was cleaned at birth by aspiration. The newborn receives an ointment of acajou powder. The mother received special massage. A special assistant will massage her stomach. This is done following proper techniques. This insures that the mother placentas as well as birth liquid are properly ejected from her body. Following birth, the mother must receive a warm bath. The new mother is bathed by attendants. Then she is embalmed with padouk powder. Now she can receive her first meal after birth. This meal was served warm on bananas leaves. The mother is fed by a nurse. The nurse maybe a family member or a specialized nurse. By rule, the new mother should not feed herself. She is not allowed to touch anything with her hands. However she may eat with a spoon. In the case of twins, all friends and family members are expected to bring gifts and finkak (the tree of peace). They also bring ndendam (special holly seeds). Great festivities are organized. This is called the twins celebration. Twins are considered gifted. They are believed to be different from other children. Parents should take extra care of twins. So are family members and friends. Twins are deemed capricious.
NAME-POWER & FAMILY
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61 ARTICLE 4: A name shall be given at birth. It is a father prerogative to declare the new born name. There are series of events that comes after physical birth: - Declaration of name - Rite of initiation - Wedding - Parenthood It is this suite of events that makes a child a full member of society, a complete human being. Naming is done according to established protocols. When the first born comes to a couple, he must receive the name of his grandfather or that of his grandmother. He may also receive instead and to the discretion of his parents, the name of someone who has great prestige, power and means and is close to the family. Other children will receive their names from family members on either sides of their mother and father. To the discretion of the latter The name is always given to honor some one that is important to the family. The name also honors the lord of the county, dukedom or kingdom. This explains why in the Grassfields people are homonyms to the ruling lord being the king himself, dukes, counts and chiefs. It is possible to know a child origin from the way his name is pronounced. Boys and girls have different names that are specific to their gender. (See Article 13) With regards to twins we refer to article 13 as well. We must note here however that certain names are indifferently given to girls and boys. This is the case for example with the name Happy (there are various orthographies for this name, notably: Hapi, Happi -translator note or tn--)
Mother and father are fully responsible to the rearing of their children. The father has direct supervision of the boy and the mother has the responsibility to educate her daughter. Each child carries two names: An official name (given by his father) and a second name (little name) given by the mother. The mother will often call her child by the name that she herself gave, but will call him or her with the fathers given name when she is angry. The father must be committed to certain duties: -He will engage in palm wine field acquisition -He will acquire wood to heat his property and keep his family warm -He will seek and acquire building material such as bamboos, saving the leaves to make house roofs and ceilings (bamboos must be braided for roofing upon purchase). He engages in these duties with his son. The mother is also obligated to her daughter. -She has the responsibility to take her to farm. The daughter is taught proper techniques of farming; such as how to hold a hoe and how to plant seeds. (Farming was an inherent right recognized to all women. It was understood that free enterprising showed responsibility. It allowed them to feed their family tn--) -the mother shall also teach her daughter how to keep house.
ARTICLE 5: A mother shall breastfeed her child for the first time only after said child was given a name by the father. In the case of a father that is not present for one reason or another, the mother shall give to said child a name of her choice. Upon return from his trip, journey or other matters that kept him away, the father at his discretion shall concur to the mothers choice for a name. He may also opt should he so decides to give the new born a name of his own pick.
ARTICLE 6: When a child is born to a woman that is not married, he will be given the name of his father or that of his mother. He may also carry the name of his uncle instead. The name of the uncle was such an ingrained rule that even after 1935, when official birth license (Etat Civil) were introduced, a natural child still carried (on paper), the name of his uncle at the place of that of his father (when the father was not known). The notion of a son born without a father did not exist in ancient Bamilekes societies. Such concepts were inadmissible (considered beyond belief. One will not dare suppose that a child does not have a father). Fact is the uncle logically took the place of an absent or unknown father. That was the Grassfield ancient law.
Observation: There are no orphans in a civilized society.
CIRCUMCISION
ARTICLE 7: Circumcision is a child right. It is the father duty to insure that this right is observed for boys. Parents must take this right seriously and see that it is done properly. As we have already mentioned, after physical birth a child begins the process of life. It is this process that will make of a child a full blown man: a responsible adult. Circumcision is one of the most important steps in the journey of life. It is considered an absolute right that one cannot ignored. It is after this first stage that the young boy may enter the hall of manhood. Thence begins social recognition to which he is entitled. After circumcision a young man becomes indeed, a full member of society. He is also recognized from religious prospective. There were no women circumcisions or excision in the Grassfileds. Observation: Mens circumcision was viewed as a medical practice as well as hygienic protocol ARTICLE 8: The father must make sure that his son is circumcised.
ARTICLE 9: Should the father died untimely, the head of the household will make sure that the male child is properly circumcised.
ARTICLE 10: Proper circumcision must take place about height days after birth. It could also be done when the young man is ready to be married: around the age of seventeen or eighteen (17-18). When a child is circumcised height days after birth, the treatment in healing is made with padouk and palm
oil. The process to make this ointment consisted of Padouk powder mixed with palm oil. . Circumcision made at an older age also followed appropriate techniques (ritual procedure). Young men were led to surgeons that were specialists in circumcision. The surgery took place at the same time for people of the same age group. . After a successful circumcision, each circumcised received a hen from his father as a gesture of endearment. This was meant to salute bravery during the procedure. At home the new circumcised slept in a special room. There he remained for proper
healing. In this room he also received medical attention during convalescence (the healing period).
ARTICLE 11: The father (or uncle when there is no father) of a circumcised has the responsibility to ensure that his son receives a good education. As a matter of fact, circumcision ceremonies for young men had great value when properly observed. When it is not done by the eighth day following birth, circumcision in adolescence, is in effect a demarcation into adulthood. It is in other words the true beginning of life. It is the perfect breach from childhood to adulthood. The young man must now learn and assumed all responsibilities attached to adulthood. They will partake to social activities. They will make themselves ready to the demands of life in society. They will develop skills needed to survive. The young man makes himself ready for sexual life as well. He Will contemplates marriage and follows through. He will prepare to have a family. He shall also get ready to be introduced to the mysteries of Society as well as those inherent to life itself. Observation: Parents responsibility never dies even in the absence of biological parents. He that raises a child is his father/mother (adoption indeed was inherent in ancient African civil law)
ARTICLE 12: To be circumcised is to become a man. He that is circumcised has reached the state of social responsibility. He may now enjoy full benefit of life in community. He assumes his duties as a full member of society thereafter.
ARTICLE 13: The circumcised shall walk tall into the public square. The grand entrance takes place the Great day of Market (a periodic business event highly praised in the ancient kingdom). This is the young man official introduction to society. Order of celebration. How was done this public introduction of young men into society? On the important day of circumcision, all young graduates (circumcision is one aspect of a school of manhood) must have their head shaved bold (the shaving is actually part of a mandatory introduction into manhood academy). They will not wear any shirt. Only the bila is considered formal. This is the only dressing that they may wear. They march in proper alignment, one behind the other. Upon entrance, they proceed in circle around the market place. A salve of applause welcomes the new members of society. The community here welcomes not only new graduates but the strengthening of their community. A new generation represents the survival of a community. That is what is celebrated here. The Great entrance is opened by the secretary of state (Nwa-la). The Nwatla indeed walks in front of the platoon of young initiates and circumcised. Their great entrance is announced by a herald. The latter hits together two instruments made of sticks. While walking, he yells Here they come! Make room to the new circumcised! Here they are! Make room! The herald cry is a call for honor. Society is warned to welcome with honor the new generation. The ultimate role of a Nwat-la is to announce the social enrichment that constitutes a newer, healthier and livelier generation. To officially introduce the circumcised is indeed to celebrate the great wealth
that they represent to society.
ARTICLE 14: Starting with graduation day, the new circumcised are entitled to get engaged and to take wife (to begin the process for marriage). Circumcision effectively closes the first cycle of education. The circumcised were indeed trained and schooled in the ABCs of life while they prepared for their big day (the day of Entrance into society). The teachings aimed in giving to the upcoming generation, essential tools for a successful life. Sexual education was part of their courses; they were also instructed on the responsibilities of marriage. They received as well the finest tools needed to be good parents and they learned what is understood by family life. Young women were also educated. They were taught the responsibilities of marriage. Their school was called a novitiate . Here they received the ABCs of adult life. The courses were followed by hands on training. This equipped them with the essentials of marriage. That is what was expected of them and their future husbands. Thus they prepared for social life. Upon graduation negotiations for marriage may commence. However this took place only after the young men graduated and were officially and publicly introduced to society
TWINS (POONEE)
ARTICLE 15: Twins are named after their homonyms who are also twins. Should people decides to name their twin children otherwise, their names of choice, twins names shall always have a characteristic suffix at their end. Twin names varied from one part of the Grassfields to another. Here are some examples: In Haut-Kam District we find the following names for twins: Meni (Kengni, Kengmeni, Foumeni. The little brother of twin is called Kameni, etc,) In Menoua District: Fak (Donfak, Difak, Sonfak), etc. are characteristic names of twins.
ARTICLE 16: Twins are lead by a principle of justice and equality. These principles apply in their interactions with each others and the world. Principles of justice and equality enforced with twins are not restricted to the general conduct of life (that is in their everyday life) but extend to all major aspects or events of their life as well. Thus the wedding of twin siblings shall take place the same day.
ARTICLE 17: In the case of fraternal twins, the order of birth maybe considered. Here the rule of primacy at birth shall apply. It is a matter of precedence (he that came first) notwithstanding the general rule of equality that in essence remains the same (because they are twins they should receive the same regards in all manners of life). The order of precedence is a matter of extreme discretion (in other words one should never give to one twin the impression that he is better than the other) It is believed that twins are very susceptible therefore one must be very careful not to offend them (for when a twin is hurt he may easily decides to leave the world of the livings). When observing the order of precedence, the first
twin to be born maybe served first but one should be careful to show great consideration to his twin brother in the process. It is also believed that the second twin to be born is generally smaller in size but wiser. (It is also believed that the second twin to be born is really the elder of the two. He came after because he sent his little brother in scout. The little one shall see the world and will tell his brother that it is ok. The older brother shall thus come to life. That is why he was born last. When the little brother finds the world unappealing, the big brother will not come to life).
ARTICLE 18: Special ceremonies are organized for twins. The ceremonies are conceived as a celebration. This is to their honor. Twins must also enter a special retreat called Lakam (world of Kam? La' = country, nation, kingdom Kam = spiritual world? La'Kam = academy of royalty or wisdom. Kings upon election are also secluded in Lakam) (t.note). During this retreat twins are educated and chaperoned. Their parents and a master of ceremonies will take care of them in all ways and manners necessary for the fulfillment of their education. During this special academy of twinhood so to speak, they receive all attentions and treatments necessary. It is indeed during this retreat that the twins are initiated to the special order of twins (to acquire the means of their statute).
ARTICLE 19: Upon graduation from Lakam, a feast shall take place to celebrate their graduation. This holly day is called the Twins graduation day A twin graduation day is always a great day. It is always solemn. It shines with colors. There are great foods. It is a way to thanks the ancestors for their generosity. For they allowed the family to have twins. Twins are considered a great omen to the fortunate family.
ARTICLE 20: Parents of twins shall always be held in high regards. They will be respected. They will be honored. Twins shall always come first and shall always have first place to common mortals. Twins are named following the rule of the first prefix of twins (that which stand as a prefix in their name. for example poo in Poonee=twins). Observation: In ancient times parents of twins were dispensed from farm work. In certain cases volunteers took over their chores. Parents of twins also did not have to pay taxes.
ARTICLE 21: Juniors brothers of twins shall be called: Nkakmani (though twins are required to have typical names, they may also have a second name or a third one that is not restricted by the law of naming as specified in Article15, same for their Jr. brother or sisters tn--). Juniors brothers of twins are also believed to be endowed with powers similar to those of twins. They are believed to be powerful (mystical power). They maybe capricious and as mystical as the twins themselves.
ARTICLE 22: There is a special dance that is performed to salute the birth of twins. The purpose of this dance is to protect the twins. The dance is performed at the exit of the Lakam (the sacred retreat of twins). This exit is also referred to as graduation from the retreat of twins. The dance is a way to ask the blessing from God for continuing health and happiness to the twins (The Poonees) During these festivities, are present parents of twins called Taani or Taanee (father of twins) and maani/mannee (mother of twins). They are called manee in the county of Haut-Nkam. During festivities said parents would wear necklaces made of threat or breaded rattan (rotin tresse ). They will also carry a drinking calabash.
The new born are celebrated with The Fienkak (the tree of peace) and ndendam (a dried fruit that open like a miniature corn). Its seeds are very sweet and are believed to have medicinal properties. They are the symbols of health and happiness to the new born. Twin children are embalmed with acajou powder.
ARTICLE 23: Nothing inappropriate shall be tolerated in the presence of twins. Nor shall be tolerated anything distressful or troublesome. In case of trouble only graduates from the Lakam may intervene. Only said graduates of Lakam shall attempt to heal the twins. Should there be no such graduate, known titled parents, that is tagnees and magnees may assist the twins as well. Titled parents are considered to be able individuals, trained to give proper therapy to the twins. Other orthography for the title designating a father and a mother of twins are respectively: taani (taanee) or tagni (tagnee) for father and magni or magnee for mother.
ARTICLE 24: There is a respected hierarchy among the parents of twins. According to this principle, parents with the most birth of twins have preeminence over the other (what matters here is the number of times a couple conceived twins not necessarily the number of twins proper). A Tanee (Tagnee) that has more birth of twins say two times twins were conceived in the family, will accordingly receive better regards (more respect) than one with only one birth of twins. Thus even if the latter had triplets. In the case of quadruplets because we have here an exceptional event, those parents will benefit from the phenomenon as an event and thus gained a special statute.
BOOK II: ROYALTY, IMMIGRATION, MARRIAGE, PATERNITY, DEATH, SOCIETY & BELIEF
ARTICLE 24 BIS : All foreigners are entitled to the principles of hospitality as practiced in the land. They are entitle to the full benefit of said principles of hospitality
There are various categories of foreigners: a) The Common Visitor (tourist nd-); When receiving an unexpected visitor, it is advisable to express the emotions of joy. It is a matter of courtesy. Visitors are always welcome. They must be well fed and have enough to drink. The visitor should also be entertained. The host must inquire about his family during the first conversations that they have together. One should also make sure to inquire about all that is dear to the visitor. b) The Traveler (the unexpected visitor); The rule of hospitality wants us to welcome the night visitor (some one that happens to pass by and stop because he was tired or because he was caught by a sudden rain). Such a person shall be graciously fed. The host will give him a nice place to sleep as well. c) The Expected Visitor;
All is made ready to welcome the expected visitor. The host must make sure that all is preppy and ready for his stay. The expected guest must have a beautiful and nice sojourn. During his stay he will become a member of the family. He will be treated in all regards as a full member of the family. (1) When it comes to foreigners in Africa, it is said that one needs only his clothes (what he is wearing) to journey all across Africa; No matter where you go, you shall be welcomed; You shall find food and accommodation for free: that is African hospitality.
ALBINOS ARTICLE 25: It is the clear responsibility of the community to take good care of Albinos. Community members shall look after albinos. They are considered to be under the protection (safeguarded) of the community.
ARTICLE 26: Albinos may not be subjected to heavy work (hard labor). They shall not do farm work neither. Over all, they will refrain from hard work.
ARTICLE 27: When an albino is a woman she benefits automatically from a privilege generally accorded to men. She has the full right to choose her own husband. In principle it is up to the man to propose to his wife. Albinos woman in the contrary will decide on their own accord to go and propose to whomever they elect to be their husband. The latter must welcome her and give her her own house. In Grassfields civilizations, regards accorded to albinos are not based on prejudices. Contrary to what maybe expected there is no marginalization
neither. The right thus observed has more to do with morality and the respect for others rights and prerogatives. When it comes to marriage, the husband of the albinos woman should take good care that she will not be angered. She should always have everything that she needs. In polygamy the other spouses will look after her as well and make sure not to upset her in any way. Albinos are also put into special diets because of skin allergies. It is the common belief that albinos are fragile.
MARRIAGE GENERALITIES
Marriage is an agreement. It is an alliance, it is a covenant. In the kingdom of Noh (Grassfield), great cautions were taken before people engaged into marriage. Marriage was considered a serious bound. Before marriage, one must seek to know the history of the family where he intends to take a wife. When you have your eyes on a certain lady, you must know her family history. Such investigation must be discrete. It is recommended to have other people engaged in the research. They will focus their investigation on the fathers side, while paying greater attention to the mothers side. The reason behind this investigation lies in the concern that one may fall in the wrong family (a bad family or one engaged in witchcraft/vampirism) It is only upon satisfactory investigation that one shall begin the process of engagement. To ask the hand of the maiden to her parents. Polygamy is of common law in the Grassfields. There is no limits to the number of wives that one may have; however one must only have the number of wives that he can afford. That is because in a polygamy compound, every woman has her own house as a matter of right. There she lives with her own children. The visits to the husband are well regulated. Every woman has her turn. The husband house is located at respectful distance from that of his wives. It is the responsibility for each woman to take care of her own children. She may be helped by her maternal family in child rearing. The father role is very limited. He is barely seen as the biological provider (simple geniteur).
Secret society committee to a national celebration. They always appear in public masked. To protect their identity was essential to secure the security of Law. They were both members of congress and elite officials
of royal secret service. Bamileke civilization was built on moral not material power. Members of these societies were among the most incorruptible members of the empire. Members were not chosen on merit or blue blood alone. They had to demonstrates character and leadership to be accepted in higher spheres. They also had to apply to one chamber or another. There was thus example of highly moral individuals who chose not to become members. They were the exception.
RULES AND CONDITIONS FOR MARRIAGE
ARTICLE 28: A man may not be married if he has not been circumcised and publicly introduced to society. A woman shall not be married before puberty. In general rule, a man shall marry around the age of seventeenth and a woman may get married by the age of fifteen.
ARTICLE 29: Kings and high officers of the court are exempts from the regulations/dispositions of article 15
Indeed, a potential bride maybe introduced to the court at the age of eleven or even as early as eight years old. This formal introduction is rather a consideration for fiancailles (engagement), nothing more.
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The future crown-bride is presented to the Queen. The Queen shall take care of her education. She will be reared and groomed and allowed to enjoy her childhood (grow normally).
She will be formerly introduced to the court only after she had seen her first period, thus considered a woman. This is a formal engagement. From that time on, proper negotiations shall begin. The king will ask her guardian or adoptive mother to open official engagements proceedings. Here are delineated the exact requirements for marriage. Her parents will now present their conditions and the normal procedure for engagements shall follow through. This is called Dot proceedings. The Dot proper and expected gifts includes: goats, cans of oil, salt and more. These gifts are presented by the kings party to the future crown brides parents. Honor goes to the father of the crown-bride. It is considered a due. The practice of gift giving continues on as long as the wedding is not yet pronounced. Gifts will be given continuously as a will or symbol of friendship. It is understood that said friendship was created between the two families by the engagement of their daughter. (Royal Dot as well as royal gifts are presented to potential in-laws family with great discretion.) Wedding is understood
as an agreement between the families, not the children.
ARTICLE 30: It is understood that an investigation for morality shall precede any engagement. This is an investigation to establish the ethics of the future family in law. Parents of the groom/bride have the responsibility to lead such investigation. It is a discrete enterprise. It is only upon satisfactory investigation that one should engage in wedding proceedings (engagement, etc.)
ARTICLE 31: The father shall pick a spouse for his child as a matter of right.
ARTICLE 32: It is however within the discretion of the father to inquire of his child secret desire. He then will consult with his wife or the mother of the child, before making any decision. The right of the father nevertheless stands and his choice must be respected.
ARTICLE 33: Should the father dies in the process of wedding preparations (while he has engaged his future in-laws for the hand of their child); his heir if he is already an adult will take over the quest. An uncle may also replace the deceased father. Otherwise an aunt shall assume such role (to replace) the deceased father if need be.
ARTICLE 34: In the case of a child that was born with a father in absentia, his maternal family will take the role of the father. There is no such thing as a child born out of wet luck in Bamileke civilization. Such a child automatically belongs to his mothers family and no one shall say that he does not have a father.
ARTICLE 35: Rejection does not necessarily stop engagements proceedings. Nor is it an unavoidable pre-requisite. We must remember that a child is a pupil of the community at large, not only that of his parents. A marriage therefore cannot be reduced to the couple, nor Essence of Law 18th-19th c. Bamileke 97 shall it be restrained to the cellular family. A marriage is an alliance between two families (that of the bride and that of the groomtn--)
ARTICLE 36: It is forbidden for people descended from the same ancestral line to marry each other. No off-springs of a direct line of ascendancy and direct descendant shall marry each other.
ARTICLE 37: Natural and legitimates brothers and sisters shall not be married to each other.
ARTICLE 38: An uncle shall not marry his niece. The aunt shall not marry her nephew. This stands whether their family ties are biological or legitimate. We may observe here that the requirements of articles 23, 24 and 25 are the same as those of French civil Law. These dispositions are also found in other societies. We must underline here however that such terminologies as: nephew, uncle and aunt, do not really mean a great deal in African societies. Nephews are often called brothers, so are cousins. Uncles and aunties are called mother and father . This is not only a matter of formal terms. One is expected to give them the same respect and considerations endowed to biological father and mother.
ENGAGEMENT
ARTICLE 39: Engagement is the act and process of proposing for marriage. Engagements are considered officials only upon the closing of circumcisions ceremonies. It is only then that they can be openly announced. We must state here, that officious negotiations and meetings conducive to marriage may predate circumcision proper. They may begin even when the future spouse is still a child. They may even predate birth. In ancient times there were such exceptional agreements. These types of engagements took place in the following manners: A family friend will present what is called a safou (safoo). Note that a safou is generally a dried fruit called in French a prune. The safou was dropped on the belly of the pregnant mother. This was done under the guidance of established protocols: The pretender will utter the following words: Should a baby girl come out of this pregnancy, let her be my wife. Should there be a son instead, he shall be my friend! Age difference was not considered an ipso facto handicap in ancient times. He that made a safoo was bound by his word. Upon birth, should the child be a girl, he began the offerings of gifts and all manners of things conducive to the good rearing of his future bride (it is understood that there is no marriage until the child had reached accepted evidences of maturity
tn--). Such living necessities included palm oil, heating wood, salt and so more. The protocol for marriage proposal (fiancailles or engagement) in its officious phase requires the future groom to send his father or a highly ranked family member in embassy. He will express to the potential grooms father the desire to obtain the hand of the bride to be. The latter shall present such request to the future father in law (father of the potential bride). These were considered elementary proceedings for wedding engagements. The proper way to do this was for the person endowed with such responsibility to introduce his proposal in a format tantamount to the following: There is in your house something that is of great interest to me! This opening declaration was followed by a request for a meeting. The day of the meeting the wedding advocate came accompanied by two of his lieutenants (friends). They brought with them kola nuts and palm wine. The good diplomat that such a person was secured ahead of time the good graces of the future mother in law. This was done in privacy (discretion).The mother influence was considered real though quiet. In general rule these meetings took places in successions. There might be a great number of such meetings before pre-marriage agreement and final conclusion: marriage.
ARTICLE 40: An engagement proposal is considered received, when the father of the future bride has accepted in public the ceremonial offering of kola nut. The agreement is secured when the parties involved shares together kola nut in front of witness and proceed to eat said nuts individually. The protocol for this ceremony is done in the following manner: The kola is deposited inside a basket by the proposing party. Agreement is reached when the receiving party (the father of the future bride) proceeds to the sharing of the nut (a kola nut, dried fruit eaten by men in particular, is made
of many part that are naturally bound. To separate them is to share the unity of the whole tn--). This is complimented with raphia wine. Upon successful completion the parties shall part in joy, laughing Essence of Law Ancient Africa Bamileke 102 heartily for good things should always bring happiness.
ARTICLE 41: Upon completion of a successful engagement proposal, the fiance may publicly pay a visit to his future bride. From this time on the two families are allowed to visit each other in a regular basis, without any other formalities. The future groom must continue to present various gifts as well as offer his services to his fiance and to his future inlaws. Such services may consist in such tasks as farming, wood gathering and more. Grooms family, his father in particular, develops long lasting relations with future in-laws. This is done via series of gift offering. Such gifts maybe: goats, farming tools, dress, money and more.
ARTICLE 42: Should the engagement be broken by the future in-laws, the latter must pay back all the gifts that were given.
ARTICLE 43: Once the defaulting party finished reimbursing the injured party, they must also pay a fine. In general in this case a
Essence of Law Ancient Africa Bamileke 103
goat shall be presented to the royal court when the injured party filed suit.
ARTICLE 44: A wedding is officially celebrated at the house of the father of the bride.
PRE-REQUISITE FOR MARRIAGE: FORMALITIES
Bamileke Master macons (building contractors) on the foundation of a building (1917) Essence of Law Ancient Africa Bamileke 107
LEGAL REQUIREMENTS FOR MARRIAGE
ARTICLE 45: First Formal ceremony (--tn--): The father of the bride shall ask the groom to serve him some wine. The latter shall oblige. The father of the bride now asks the groom to share a kola nut in equal parts. The groom obliges.
ARTICLE 46: Second Formal ceremony (--tn--): The father of the bride asks his daughter to give him a glass of raphia wine. The bride obliges. The father of the bride asks his daughter to give one part of the kola nut that was divided by the groom. The bride obliges. Now the father asks her to pronounce the vows,
Here libeled as a question. If she said Yes! Thus concurred, then the marriage is considered a success. She has manifested her agreement to the wedding. Now, this is the question asked by the father to his daughter:
The vow Shall I drink this wine and securely eat this kola nut (it will not hurt my belly, ever)? If she say yes! Then her father proceeds (to enjoy the kola nut and drink the winetn--). Once the father acquiesced, the engaged shall drink in the same cup in front of everybody present. To drink in such a manner marks a final stage. This is considered irrevocable. It is an official agreement. It is done in cautious steps: The young maiden timidly agrees with her head. Her father now says the following If I was a blind man I would not know whether you agreed or not! The young maiden now shall loudly manifest her agreement with a clear and loud: Yes! (Her voice must be clear and cognizant). The room (witness and family members) then acknowledged by clapping their hands and laughing openly. This is expected in these ceremonies. The father may now drink and eat the kola nut. All presents shall do as the father. Thus are solemnly settled the wedding agreement. Essence of Law Ancient Africa Bamileke 109
It is only upon successful conclusions of these august ceremonies that both families will set a date for the bride to be officially escorted to the house of her husband.
ARTICLE46 BIS: The bride shall be escorted to her husband by night. The official procession will be done the following day. The great day, friends are officially invited to the husband abode. While waiting they eat kola nuts and share raphia wine. The waiting for the bride maybe a long wait. It follows precise rituals. Rituals of the Brides and Procession Ceremony: At a giving distance from the future husband abode, the procession stops. They will refuse to go any further. They are executing a well planned strategy. A family member of the groom comes to meet the party and urge them to continue. This opens new negotiations. Indeed the brides suite will make new demands. In order to go any further they request x amount of money. This stratagem must be done a few times. The entire proceedings may take hours. The distance separating the brides party and the husband house maybe just a few meters away. Essence of Law Ancient Africa Bamileke 110 (1) The author was the witness of such a proceeding. It took three hours. The party arrived in the proximity of the future husband house around 9.pm. Began the long proceedings that lasted until midnight.
ARTICLE 47: The spouses will take the vow to remain together forever. Once the bride finally enters her husband house, the
couple makes the vow to remain together. This is done in the following manner: The husband places his right foot (no shoes or socks) on the left foot of the bride (no shoes and socks as well). He then says the following words that constituted the solemn vow: I shall always be attached to you! Once more the wedding receives its blessings, this time from uncle and aunt. This marks the opening of the celebration. Essentially there are required dishes for a wedding. They are: the kondray (Kondr), made of plantain and goat meat cooked together with palm oil and various ingredients. The bride party that brought the meal is happily congratulated and receives thanks. During this celebration however neither the father nor mother of the bride are presents. The reasons for their absence lie in the fact that Essence of Law Ancient Africa Bamileke 111 Grassfield traditions forbid a man or a woman to take their daughter to another man home. During the ceremony the rightful share of the mother in law, is taken and saved. She will receive it at home. This is the traditional meal (or the meal of the covenant also served for important social eventstn--) It is understood as a matter of right, that each member of the brides family shall go home with his or her share of the meal of the covenant (tn), women in particular. It is called the wedding meal in this particular case. The Bamileke name for it is: kondre. It is cooked with plantain, goat meat complimented with palm oil.
WEDDING ACT
ARTICLE 48: When a marriage is contested, bodily mark (tattoo) will stand as a proof of marriage. It will have the same standing as the testimony of two witnesses that were presents during the wedding ceremony. Tattooing maybe considered a wedding certificate. Let suppose that after marriage a woman leaves her husband for another man. During the trial to clear out any doubt, the president of the tribunal shall ask: Who commandeered the tattoo on this womans body? Tattoos were also considered to be great symbols of beauty. Designs were made on various parts of the body. Notably: on the back, on the chest, around the belly button and in the forehand.
ARTICLE 49: Only a husband may grant the right for his wife to receive bodily marks (tattoo).
ARTICLE 50: A woman maybe tattooed only as a married woman. 116 In the Grassfield, marriage is considered the beginning of happiness. In a household a woman holds a dominant position. It is her duty to take care of the farm, to feed and to otherwise take care of her family.
ARTICLE 51: Tattoos are made on different parts of the body. Tattoos can be placed on the chest, fore-arm, belly button, back and buttocks. Before colonial era, tattoo was considered very important in fashion and elegance. It was of beauty enhancement. Tattoos were real elements of esthetic and refinement. Women largely walked undressed and the one with the best tattoos were better admired. Belly buttons tattoos were highly favored by men, so were chest tattoos. It was up to the man to choose which part of the body to be tattooed. Women had to be very courageous. It took a lot of patience to endure a tattoo session. They lost a lot of blood during the esthetical operation. The practice of tattoo disappeared with colonial era.
EssenceEssence of Law Ancient Africa Bamileke
117 ARTICLE 52: TATTOO READINESS a) Getting ready She that will be tattoo prepares ahead of time what she will need to feed herself after tattooing session; her husband partake to this preparation by securing enough reserve for heating. This is done by piling wood in the house.
b) After tattooing A tattooed woman is like a maiden in seclusion. She stays at home. She does not go neither to farm, nor does she do any chore at home. Either her mother or her aunt comes home to take care of her housewife duties. She also stays away from her husband. It is forbidden to her husband to disturb her. He may not touch her. Every morning however he will come greet her good morning . He will ask her how she is doing and what else is going on, what he can do to soothe her pain or needs. He will come back only to give her what she needed for the day. So it shall be until she fully recovers.
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TECHNIQUES OF TATTOOING ARTICLE 53: It is forbidden to place any tattoo in the sensitive parts of the body. No tattoo shall be place on the lower part of the stomach, neither on the hips. Tattooing shall be performed only by specialist. A tattoo specialist takes various positions during the operation. His position will vary according to the part of the body that is being tattooed. When tattooing is done on the chest and around the belly button, the technician sits on a stool in front of his patient. The patient sits in front of the technician facing him. Her legs are closed. The technician during the operation holds a sharp metallic instrument on his left hand. His right arm holds an equilateral razor that has on one of its points a finger holder made of metal. The holder helps the technician during surgery to sustain his position. A tattoo surgery is a delicate process whereby the tattoo surgeon lightly light up the skin, then makes a precise and tiny incision with his razor while at the same time executing a geometric like pattern on the patients body. The design is chosen by her husband. When tattoo is placed on the back of the patient (shoulders, buttocks and forearms), the tattoo surgeon sits on the same type of stool. The patient opens her legs,
119 turning her back to the technician, who then performs his esthetic surgery. The surgery is done following similar procedures as for the front. His goal is to obtain the geometric pattern desired by her husband. Designs made on the back of the body may extend from the symmetry of the buttocks up to the height of the shoulders. Forms varied according to recommendations. The technique is very special. The patient is always sited on the same stool. She may bend a little on the side of the ladder where her arms and legs are bind. The surgeon is very cautious and gentle during the procedure.
A successful surgery brings fame to the surgeon. It is an honor that is also good for business.
CARE AND HEALING ARTICLE 54: Tattooed women must receive proper treatments. All parts of the body that were tattooed should be treated evenly. The healing medicine for tattooed injuries consists of concoction of acajou powder mix with the bark of a tree and palm oil. The bark used in this ointment is usually reserved for wounds. This treatment is very effective and patients usually heal within seven days.
TATTOO CELEBRATION ARTICLE 55: A special holiday is organized for the young tattooed woman. Upon healing from tattoo the young woman has thus passed an important stage in her married life. The lucky husband brings beautiful gifts to his wife to celebrate her courage. This leads to a well strengthened household. Friends and families are invited to partake to the celebration. This holiday marks the victory of his wife over a challenging physical trial. The tattooed woman is happy. She proudly shows her tattoo for everyone to see and admire. Upon completion a tattoo is considered an artistic achievement. A subject of admiration. The young lady has thus become a true spouse.
The French edition showed five pictures of tattooed women. When these pictures were taken it was a different world. Though they may appear rather brash, they really stand here as a testimony for a time when nudity did not have the same stigma as it does today. The pictures were taken in 1930. The author emphasized that the publication of these pictures was made purely for scientific and cultural purposes. Its goal is to bring cultural light on a Essence of Law Ancient Africa Bamileke 121 forgotten practice. To show the value it once had in this part of the world. There was also the need to underline its esthetic purpose. We believe that to show these image helps understand their social and esthetic value. With the understanding that such practices are today forbidden today. -1) Geometric tattoo of the belly and that of the chest. A woman with such a beautiful tattoo was admired by all. -2) Young women tattoo (Belly and chest) -3) Various forms of tattoos for the back and for buttocks -4) Back tattoo (symmetric like form). It was a sign of great beauty in the Grassfields. -5) Belly tattoo, fore arm and belly button tattoo My mother had a tattoo on her back and on her chest. She was very brave during the surgery. She is here celebrated for her courage. Modern women would hardly endure the pain of such surgery. Joseph Feyou de Happy
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CONTESTING A WEDDING
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ARTICLE 56: He that gave gifts with the hope to get a wife, he that paid a dot in the hope to be engaged, has the right to contest a wedding. He may do so as long as he has not been paid in full for what he spent.
ARTICLE 57: He that opposes a marriage must have been publicly known for his interest by the family of the future bride. ARTICLE 58: When such objection is well founded, the family counsel will statute and decides how he will be paid. They will decide how to give back what they had already received.
ARTICLE 59: When there is disagreement between the pretender and the family of the bride, the case may be taken to the royal court that will judge the matter in session.
126 ARTICLE 60: The tribunal must be held with the fighting parties presents. A verdict will state the amount due to the injured party.
ARTICLE 61: The bride family will have to give back his money to the injured party. They will also have to pay a fine. The king stands as the president of the tribunal. The fine usually consists of one or two goats to be paid to the injured party.
ARTICLE 62: The court may not statute to annul a marriage.
ARTICLE 63: Any opposition to a marriage shall be done before the wedding. Once a marriage is done it is irrevocable.
127 ARTICLE 64: Investigations to determine and to establish the level of blood ties between a prospective groom and bride must be done and concluded before the wedding.
ARTICLE 65: Should there be any doubt, he that is opposed must directly address the head of the household, the father. Once such a position is recognized to be credible, a new meeting is called by the head of the household in order to investigate the issue. Otherwise, proceedings will continue their course. (See Article55).
ARTICLE 66: MARRIAGE IS FINAL There is no divorce in the Grassfields. Even when a woman on her own behalf abandons her household, she remains the wife of her first husband. Should such woman have children outside of her first marriage, her children will belong to her first husband who shall have the right to give them in marriage.
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TIES LINKED TO MARRIAGE
ARTICLE 67: It is the duty of a man to protect and assist his wife. ARTICLE 68:
A man must make sure that his wife is comfortable and secured. He will safeguard the interest of his wife. The duties and responsibilities delineated in Article 84 and Article 85 must be viewed in their greater extend. They cannot be limited to such classic duties as to assist his ailing spouse. A man must make everything in his power to help his wife in all manners of concern such as her rituals obligations. Something that a woman may have to do in her own family. We understand here that a man must provide the means to ensure peace in his household. The husband will make sure that all equilibrium and harmony that were broken are restored. He will specially do this to secure the happiness of his wife.
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ARTICLE 69: A woman must be faithful to her husband. She must obey her husband. Polygamy alas tells us that in African societies the reciprocity of fidelity is not verified.
ARTICLE 70: Children must obey their father and their mother. Children must also obey other ascendants in the family. It is their duty to see that they have proper food. That children shall obey their parents may appear superfluous. However in African order of values, the obedience to parents takes first position. So it is for the obedience to ancestors and elders. It is seen here as sine qua non for the moral survival of the community at large. This is a duty that extends to later days. The very young will verify this obligation solely by such menial duties as to fetch for wood and to bring home potable water.
ARTICLE 71: It is the duty of the woman to feed her family.
It is because of this duty that in ancient Africa women right to own their farm was paramount. The
130 rational here laid in the fact that farming is understood as the source for food. It is through farming that a woman gets the means to feed her own family.
ARTICLE 72: Children in laws are also obligated to assist their parents in law. They will provide food and help in various ways. So it is with their own father and mother. ARTICLE 73: A woman may replace her husband, thus become head of the household. A woman may fulfill this role if her husband for some reasons is handicapped or is absent. A wife in this position assured the interim head of household position. The position is not permanent and her brother in law will witness her tenure with kind eye and understanding.
ARTICLE 74: When a man dies, his brother may assure the responsibilities of head of household for his family. Grassfield law and customs indeed recognized the right of the brother to replace his deceased sibling. It is
131 always a delicate transition for sometime the brother may not be able to assume his brothers role, though he may insist in doing so. In this case the wife must be forceful and manage to fulfill the role of her deceased husband when she is willing and able. It is largely understood that as the mother of her children, she has a better position to assume such role. The Family Counsel may assist her in this endeavor.
ARTICLE 75: The husband shall choose the location where to build his family house once he had decided to establish residence. The wife shall follow her husband and the husband shall receive his wife.
ARTICLE 76: Children will receive good care from their father and mother at birth. The latter will assure that their children are well fed from birth.
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SEPARATION AND RECONCILIATION
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ARTICLE 77: All rights and duties of marriage stand even when the spouses are separated. The only duty that is broken is that of sharing the same home. We must emphasize here that there is no such thing as a divorce in Grassfields. Therefore separation will not lead to divorce. Most of the time anyhow when a woman leaves her husband she generally find refuge
in her husbands family. This is particularly the case when she knows that she is not in the wrong. She will stay there until her husband come for her once the conflict is over. When spouses decide to live apart it is always as a result of a serious conflict. Such conflict is generally resolved in family tribunal. These tribunals may statute in either of the families (be it in the wife or in the husband family). They will resolve conflicting issues. Most of the times the husband will have to pay a fine before being allowed to get his wife back. When the woman is in the wrong she is asked to cook a Coq a la sauce de pistache (hen in pistachios sauce). This meal will be presented to her husband and this will stand as her fine.
ARTICLE 78: The mother of the husband will be the first advocate in conflict resolution. She may take the matter to the family tribunal as well. As stated, when a woman has done nothing wrong and decides to leave her husband she will find safe haven in her in laws. Her mother in law, under the auspices of her husband has full power to solve the matter.
ARTICLE 79: The Family Counsel has all rights to instruct and resolves physical separation issue between the husband and his wife. The injured party will bring the matter to the family court (Family Counsel). This happens when a simple resolution by the mothers was not successful. The fact that a wife might find herself in their family is a clear sign that the matter is serious.
Article 80: Once the Family Counsel reached a verdict, the father of the guilty party (husbands father) shall pay the fine. Such a fine would be made of the following, here as an example: A shirt for the father in Law. A calabash of palm oil and a bag of salt for the mother in law. Reconciliation is done through a ceremonial. Members of the family send a delegation to bring the wife back home. It is a full ritual. A welcome banquet awaits the man home. The husband thanks the delegation. He is grateful to have his wife back home. The delegation will return showered with gifts and the meal of the covenant (the kondray). The bigger portion of this meal is reserved for the mother in law. The husband will also assure her that in the future he will behave. The wife will also receive gifts. This measure stands to correct the lack of education that the father failed to give to his child before marriage.
WEDDING AGREEMENT
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ARTICLE81: THE WEDDING AGREEMENT IS FINAL.
As stated, there is no divorce in Grassfields civilization. Article 82: A marriage agreement is sanctioned when the father of the
future bride agrees to drink palm wine and to eat kola nut offered by the prospective husband. The agreement goes beyond detailed list of gifts and goods presented by one or the other marrying parties. The dot itself and paraphernalias (sheep or goats in particular, farming tools, etc.) will be fixed after wedding agreement.
STATUTE OF DOT ARTICLE 83: The dot stands as the ultimate bind of marriage. Indeed, a bride will not leave her fathers house until the dot has been paid in its entirety (exception made when a portion of said dot was presented and accepted by the father). A young lady may not leave her family house for that of a man who is not Essence of Law Ancient Africa Bamileke 142 yet fully regarded as her husband. He is still seen as the future husband. The dot however is conceived more as a symbolic value. It stands here as the firm and definitive will to get married and to get a wife.
Article 84: The dot as a material contribution is the ensemble of gifts made by the future husband to his father in law. Such dot maybe money (hard cash), various goods and other suitable gifts.
ARTICLE 85: The father of the bride shall determine the amount expected for the dot . He will state such amount to the father of his future son in law. Should the father be absent, the uncle shall receive such a request as if he was the natural father.
Though symbolical, the amount requested for the dot is subject to harsh bargain. Once a consensus is reached and a final amount stated and agreed upon, the father of the groom may propose a date for payment. Today the father in law physically goes to his in laws assisted by witness to deposit the expected amount of dot . Essence of Law Ancient Africa Bamileke 143
Future spouses are not required to be physically presents when the dot is paid. The mother in law (mother of the bride) to her discretion may not be present as well. However she will cook a meal suitable for the event. The meal is taken with raphia wine. Upon delivery as the celebration goes on, a fair and warm handshake concludes the agreement. Blessings are given to the future spouses. Each party makes their wishes and engage themselves to do their best for the future newlyweds. They affirm their support and promises to contribute to their happiness. These negotiations are always the domain of close friends or people with close family ties.
RESTITUTION OF DOT
ARTICLE 86: Should either party and for whatever reason fail to honor the wedding agreement, the dot should be paid back. This is the restitution of the Dot. It is often the case that a greedy father would take more money from one suitor or another. Since the maiden is considered a bachelor until the completion of the dot , negotiations are technically opened,
144 since she is still living with her parents. When a father is convicted of such crime, he is condemned to pay back all that he received from the first suitor, here the injured party. A fine must also be paid to the royal court for the trouble. Such fines were farm goats Sometime the husband of the wife is the injured party and he will file a suit against his in laws to receive the balance of the dot. In the grassfields dominant cases in court, about 3 4 are lands and Dot disagreements.
Note: about women in Grassfields tradition. Contrary to derogatory stories inherited from colonial era and unfortunately adopted by modern Africans, women were held in high regards in the grassfields. The woman is by the power of her multitask role and position the epicenter of the family. In fact she is the heart of society as a whole. She plays a dominant role in the distribution of work. A disparaging campaign tried to label their position as that of servitude even though they knew better. Farm work actually illustrates the crucial role of women. It is a multidimensional position. To fully assume such work, one has to have great knowledge and practice. Women
Essence of Law Ancient Africa Bamileke 145 fulfill this role with honor, joy and admirable dignity. Farm work is also a socio cultural activity. Women without farm are full of sadness. A woman is happy to return to her farm. There, she feels fulfilled. Women gladly engaged in business activities as well. Income from her business will also help her to dote a second wife for her husband. She has a real influence on
this matter, though it is often rather subtle and discreet. Some women are endowed with the gifts of leadership. This is very truth for royal ladies that were elevated to the rank of mafo. In certain cases in the Grassfields women were elected to the highest rank of supreme magistrate (This quite obviously shows that before colonial era women were indeed held in high consideration and were not second class citizens). We found such an example in Bana. This happened in the 1920s. Indeed, in 1916, the English left and were replaced by French. To impose their power, the French arrested and deported the king. While in exile the interim power went to Princess Mabou Ngangom. A charismatic lady, she was also known for horse riding. She dressed like a man. Though married in polygamy she took on her own to choose and pick the wives for her husband. She was had an admirable public personality. Once the king came back from exile she elegantly return the power to the king. She was honored for her gesture and was held in high regards by al.
1959, Prince Joseph F. de H. holding his daughter Nicole, sitting on his right Louise, holding the translator Alexis. Standing his twin daughter Marlyse and the left his first son Serge. After this picture he had Eleonore, last born of Princess Tchuani Alphonsine. With his second wife, Mrs. Helene Feyou de Happy, he had 10 children, notably Helene and Patou. Polygamy is legal in Cameroun and respected in Bamileke.
PATERNITY
ARTICLE 87: A child born to a married couple is the child of the husband. He is the child of his mothers husband. This stands even when said the mother was pregnant before marriage. Paternity thus understood cannot be challenged in any court. There is no provision for such a case. A man may not refuse to assume the paternity of the child of his wife in any circumstances. This law aims to protect the child. As a consequences and any circumstances whatsoever a husband must accept that the child of his wife is his child and must fulfill his obligations as a father.
ARTICLE 88: Should a woman leaves her husband and go meet another man, should a child be born from such a relation, the child will that of her legitimate husband (not that of her lover tn--).
ARTICLE 89: Child born from such an illegal relationship will look at the legitimate husband of his mother to be his real father. He will do and behave toward him as if he was his
152 biological father. If the child is a girl, it is the legitimate husband that will have the right to send her to marriage and to receive the Dot.
Article 90: Articles 109 and 110 of this civil law remain in full power even in the case of a deceased husband. Children born after the death of a legitimate husband are for all manners of concern his children. As a consequence of this law, said children will regard the family of the deceased husband as their family and will be obligated to said family. They will respect and follow all rules and obligations afforded to
their fathers family. It is thus the husband family that will partake to all responsibilities, duties and engagements with regards to the children. There is a provision however for a new husband to acquire its full right. The latter will have to pay back the Dot. This offer will have to be accepted. With all matters regarding a Dot, when a Dot is not paid in full, the woman must remain in her family and is not free to go about (to another man (as she pleases.
FATHERHOOD
ARTICLE 91: Fatherhood recognized to the father the right to name his child as he pleases. Indeed, a child may not necessarily carry the name of his father. A father may give to his child the name of the childs grandfather is he so desire. He could give his child the name of his mother, that of his friend or name him after an ancestor. He may give his child the name of a family member that of his own mother, a friend, someone from his wife family or even names him after the king. Thus in the Grassfields many children are named after king Happy. Thus the naming extends beyond Bana (to pre-colonial territory of the kingdom of Nho) It is customary that a person thus honored paid a visit of courtesy to the family of the child. He will present himself to the family with gifts and henceforth shall behave as a godfather for life. When such a homonym is the king, two royal servants will be sent to the family.
ARTICLE 92: When a suit is files on paternity issues, the winning party will have to make his case by showing for proof the tattooing of the mother. He that paid the Dot and ordered the tattoo is the father. In pre-colonial era there was no such thing as a natural child. The notion of a child born out of a marriage made no sense at all. Such a concept had no meaning. Things changed when cultural values were corrupted after colonization. Young maiden were expected to be virgin when they entered marriage. Mothers made sure that this was the case. If a husband contested the virginity of his wife after the wedding night, salted water was served to the party that accompanied the bride. This brought shame to the party and the shame extended to the entire family. That is the way they left.
ADOPTION AND THE LEGITIMACY OF ADOPTION
ARTICLE 94: Children with no known father or mother can be adopted. They will become full members of their adopted family. There is a distinction here between the concept of adoption in ancient Bamileke (Grassfield) and in French civil court. In ancient Bamileke adoption applies only for children without known parents. In general rule, a child is always the child of his extended family. When a child is taken by his extended family he cannot be considered an adopted child. Fact is he is already a member of the family.
CONSEQUENCES OF ADOPTION
ARTICLE 95: The goal of adoption is not to give the adoptee the same rights as those recognized to a legitimate child.
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In reality, though the adopted child must be treated well, he is not considered prime facie equal to the biological child. Nor is he considered sibling to biological brothers and sisters. The dominant rule here is that of an obligation.
ARTICLE 96: An adopted child cannot claim the right to inheritance. The adopted child however will benefit from succession if his adopted father clearly expressed such desire. Children and grand children of an adopted child may not claim inheritance right.
ARTICLE 97: Once an adoptee reached maturity he is entitled to a wife and a property from his adopted father. Should an adoptee die without an heir, what was given to him by his adopted father will rightfully go back to the father. When an adopted child dies and leaves children behind, these children are entitled and rightfully so to inherit from their father. Essence of Law Ancient Africa Bamileke 159
When an adopted child dies a rich man, his adoptive father may claim a fraction of his wealth.
ARTICLE 98: Children of the adoptive child belong to his adoptive
parents family. This is so because family ties resulting from adoption extend to the entire family of the adopted. As a direct result of the former, the adopted father had the responsibility to send the children of his adopted child to marriage, not the real father. The latter practice is called the Wu nkaa (fiduciary value). It finds its source on the fact that the adoptive father paid the Dot for his son to be married.
ARTICLE 99: Marriage is forbidden in the following cases: 1- The adoptive parent, the adopted and his descendants 2- The adopted and the spouse of his adoptive parent 3- Children of the adopted and his (her) adoptive parent.
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ARTICLE 100: Adoption maybe recanted (revocable)
ARTICLE 101: When adoption is revoked, properties of the adopted belong by right to the adoptive parent.
Article 102: When an adoptive child abandoned the house that was given to him by his adoptive parents, it is considered that he has thus renounced all rights and claims.
ARTICLE 103:
An adoptive parent may recant his commitment only in the following cases: 1-The adopted slept with an adoptive parent. 2-Grand larceny 3-Vampirism 4- Attempt to kill by poisoning.
ARTICLE 104: An adopted child convicted of crime as stipulated in article 103, will be condemned to exile.
POWER OF FATHERHOOD
ARTICLE 105: A child must obey, serve and honor his parents. He is thus obligated regardless of their age.
ARTICLE 106: A child must remain under the control of his father until he is emancipated. A child is considered emancipated when he lives in his own house.
ARTICLE 107: Paternal authority may extend beyond emancipation in certain given situations. Essence of Law Ancient Africa Bamileke
162 Of such situation we shall mention the choice of a wife. This is decided by the Family Counsel.
ARTICLE 108: The adopted father has full authority as a father over his adopted child. ARTICLE 109: When a grown child dies, his property maybe under the control of his father. He will assume such role as a responsible and good head of the household. He will assume such responsibility until the children of the deceased child reached their maturity. When there is no heir the father will acquire the rights on his own behalf; he may also gives said right to the benefit of the brother (or aunt). This is true for brothers of the same mother (uterine decujus). Should there be no such brother the right will extend to brothers of the same father but with different mothers.
ARTICLE 110: When a father is not able to assume his right and will, be it for medical reasons or for any other reasons, the paternal uncle will stand in the plate and assume full power. Essence of Law Ancient Africa Bamileke 163 We must emphasize here that in all matter and circumstances where the power of the father is evoked; there is always a real, yet discrete power of the mother.
UNDERAGE (MINORITY) ARTICLE 111: Any person that has not yet been emancipated and that lives under the authority of a family is considered a minor.
ARTICLE 112: Governance and administration of the properties of minor children fall under the authority of the father.
ARTICLE 113: In the case of a father that is mentally impaired, the paternal uncle will assume responsibilities of the father and will have full control of said property for the minor.
ARTICLE 114: When need arises to transmit a fathers authority, the power to do so fall under the rule of the Family Counsel.
Once a child reaches maturity and is responsible, the Family Counsel will adequately transmit his rights and will see that the properties are shared among the children. In most cases goods are properties. The transmission of power is thus to give to each child a portion of property (land). Said land may become the childs abode or that of his farm (bamboo farm).
ARTICLE 115: Upon maturity, every child has the right to build his own house in the vicinities of his fathers house and on the land entrusted to him by his father. It is because of such laws that there are many cases of property conflicts in the Grassfields.
ARTICLE 116: When the father dies, the power of the father goes to the mother. A mother maybe assisted by her brother in law under the control of the Family Counsel.
Essence of Law Ancient Africa Bamileke 165 When a man dies while his spouse is pregnant, upon birth the child shall be called: magwa . This translates: abandoned child.
ARTICLE 117: When a child that is still a minor finds himself or herself without father or mother and there is no close siblings his closest grandparents will automatically acquired the right of guardianship. They will do so under the watchful eye of a Family Counsel presided by a member from the fathers side. The Family Counsel is composed of members from the fathers as well as from the mothers side. They are rather strict and particular to the detail. Their goal is to insure proper environment for rearing of the orphan child. They want to make sure that he grows in the best environment possible.
ARTICLE 118: Whoever is in charge of a child property does not have the right to sell or buy said property. His role is strictly to take care of it. He is the property administrator.
ARTICLE 119: Whoever is in charge to administer the property of a minor bares full responsibilities. He will suffer damages should anything ever happen to said property. This remains true, even when the administrator happens to be the father.
ARTICLE 120: No one be it the father has the right to claim, accept or denies right for inheritance of a minor without clear agreement of Family Counsel.
EMANCIPATION
ARTICLE 121: A child may be considered emancipated when he reaches the age of 17th or 18th and has been circumcised.
ARTICLE 122: An emancipated child is entitled to his property. On land that he receives from his father, he will build his own Essence of Law Ancient Africa Bamileke 167 home. This is seen as evidence of courage and bravery. He shall henceforth develop said property as he sees fit.
ARTICLE 123: Once emancipated, the minor has the right to engage in business or to seek any other such lucrative activities he may desire.
SENIORITY
170
ARTICLE 124: There are three pre-requisites to determine that a child has been fully emancipated or attained majority. They are the following: - He was circumcised - He has his own house - He got his own wife Let us observe here that there is no difference to be made between majority and emancipation. They both mean the same thing in Grassfields culture. In the case of women, emancipation overlaps with puberty. Puberty is a period during which young girls are confined in reclusion. This takes place around the age of 13/14.
DEATH
Essence of Law Ancient Africa Bamileke 175 ARTICLE 124:
Death marks the end of a physical life for each person. Death however is not the end of a persons life. Life continues through his posterity. Even in death a person is considered alive by those he left behind. Thus in Africa it is often said that the dead are really not dead. Conscious of this fact, when speaking of death we would be referring only to the end of physical life. Thus when a person is dead the living will continue to honor him by rituals and sacrifices. This is done to ensure the peace of the soul. When the dead is in peace, the living benefit. For the dead are believed to continue on living, seated at the side of God. They are thus in perfect position to intercede on behalf of the livings, so that the living would in turn enjoy a peaceful life on earth.
ARTICLE 126: The body of a deceased person should be handled with extreme care. When a person is dead, the duty of the first witness is to rob the face of the deceased with his hand. This is done in a motion going from the forehead to the mouth. In the process he will close his eyelids. This is generally done while crying or screaming. Cries are carried on from one person to another. Neighbors are now aware of the death. The cries carry the sad news in ever expanding perimeters. Neighbors and close friends now converged to the house of the deceased. They come to help. Thus begins Funerary assistance. This is often done spontaneously. Men cry in silence when there is death. Women are more demonstrative. Some may fall on the ground.
The life history of the deceased is recounted by those that knew him as lamentations continue. These lamentations may last for days. Whenever someone with close ties to the deceased arrive the cries resumes in chorus.
These cries more than anything else serves to warn the surrounding that this house is in mourning. Women cries because they are loud and explicit more effectively relay the bad news to surrounding societies. Neighbors rushed to the house of lamentation. Here they share the pain of the unfortunate family. They are as demonstrative as the family members of the deceased. Thus they fully share the pain and emotional suffering. Women rolled on floor; this is particularly for the spouses of the deceased. Children may do as their mother. The faces of the men are sterns. Other men are busy preparing for burial. Some are busy making the coffin. The dead man will bury in his bamboo bed. Other men will start digging the grave. When the deceased is the head of the household he will be buried in the bedroom. Other family members when dead will be buried in the patio. There are no cemeteries in the Grassfields. In all concern the deceased must always be respected and protected. Once the body I in the grave, each family member will take a handful of earth and throw it into the grave. This is the way to say farewell to the deceased. It is only after burial that will start the widowing and mourning proper.
ARTICLE 127: The dead must be buried in family compounds. - The head of the household is buried under his bed. - Women and children are buried on the patio (veranda). As stated there is no cemeteries traditionswith in Grassfields.
ARTICLE 128: After burial begins proper ceremonies and rites of mourning.
The widow(s) receives what is called the widows plantain. This is done as an act of farewell. The widows plantain is the last meal taken in communion with the deceased by the widow(s). Symbolically it means that will not see him; he that used to bring them the plantains and goat that they cooked with palm oil. This meal is made in the following patterns: If the deceased was monogamous two plantains cooked over the fire. If he had many wives there will a factor of two applied to the wives; that is two plantains per wife times the number of wives he had. The widows plantain is distributed during the widow ceremony. Seated on her buttocks, her legs in their full length on the floor, an initiate will take the two plantains from the fire and respectfully present them to the widow. In turn she receives the plantains of which she eats only one. The other plantain is thrown into the fire. While throwing the plantains over the fire she said these words: Here is your share of the food This is considered a gesture of farewell.
ARTICLE 130: During lamentations, the widows are placed by order of arrival into the marriage. The widows will sleep on bananas leaves or on carpets for a series of nine days. During this period they will used only the Kam to feed themselves (see the following explanation). By the end of the ninth day they get rid of carpets and bananas leaves. *The Kam: is an earthen plate that widows used during the lamentations or mourning period that last for nine days. It is the only plate that they will use to eat or to drink.
ARTICLE 131: The end of the nine days of mourning is concluded with a washing of the body. The widows must wash themselves in front of a witness. The Ninth day washing of the body serves as purification. This rite takes place by a river bank. During this cleaning ceremony widows were required to urinate in front of witness. This to testify that they had nothing to do with the death of their husband. Their innocence thus asserted and proven, they walked back to the great house where they were now entitled to drink wine and water from a calabash. Essence of Law Ancient Africa Bamileke 180
ARTICLE 132: After the Nine days of retreat widows still had to go on a four weeks sabbatical before making their first official reentry into society. This is marked by an august walk into the market. They proceed one after another. Each of the widows carries a white bag made of raphia. Their heads are bold (as generally required for all grievers regardless of gender). During the circling of the market, friends and family members adorned them with gifts. These gifts are discreetly inserted into their white bags. Once back home, another ceremony shall follow. In later ceremonies widows received counsel.
ARTICLE 133: During the ceremony of the return from the circling of the market, back to the house of the deceased, an accounting of the goods and property left by the deceased is made. Debtors and creditors are reviewed and accounted for.
ARTICLE 134: Once funerals are over and all ceremonies done with, the widow is now recognized as spouses of the heir. The principle behind this precept suppose that wives belong to the household. They are therefore entitled to retain its governance. Furthermore, the widow is not only the spouse of the heir, she is also his counselor. She will instruct him and teach him about the business of the deceased. This counsel is very important to the heir who thus acquired the means to continue the affairs of the deceased to the best interest of all. Inheritance is better served this way. Observation: This underlies responsibilities that extends beyond properties. A responsible man in Bamileke always take cares of other families as well as his own (extended family included). IN EXTENSIO: ONE OF THE LAST LAWS ENACTED BY KING PTAH FU WAS THE LIBERATION FROM WEARING BLACK AS A SIGN OF DEATH. A SIMPLE SIGN OR BROCHE ON SUIT OR DRESS WAS DEEMED SUFFICIENT SINCE BLACK WAS NOT PART OF BAMILEKE ANCESTRAL PRACTICE (PEOPLE SIMPLY SHAVED THEIR HEADS AND PARTOOK TO REQUIRED CEREMONIES. FURTHERMORE THE KING RECOGNIZED TO EVERY CITIZEN THE RIGHT TO CHOOSE THE PRACTICE THAT BETTER SOOTHED HIM OR HER) .
ROYAL DUSK (DEATH OF THE KING)
Bamileke Sword. c. XIXth.c.
ARTICLE 135: The passing of the king is always silent. Announcement is made discretely from one person to the other. It is forbidden to say that the king is dead. Kings do not die. They simply fall asleep.
Article 136: The initiates will take care of the king. They proceed by closing his eyes. Follows the ceremony of the Bubua.
The bubua is a plant. The plant serves as a fantastic door that protects the community from the strong
spirit of the king. Initiates will cover the sphincter and the face of the king with bubua. This will insure that the strong spirit will not escape and that the population is safe. ARTICLE 137: The king is buried in total secrecy. The burial of the king is the reserved duty of initiates. Essence of Law Ancient Africa Bamileke 186 Later on, the skull of the king will be taken from one secret place to another. His new abode is one reserved for all his predecessors. It is a hidden area within the royal compound. This place is not open to the public. It is the Grassfields Pantheon (The pantheon of Nho tn--)
ARTICLE 138: THE WIDOW (1) On Purifying The Widows Three days after the burial everybody is free to leave, including the widows when they are not from an important Lord family, a king or a chief. Various ceremonies that are part of the mourning periods may continue in the private house of each member of the family. There they received friends their friends. Widows worn white (today they wear black or blue). However king Ptah Fu Hapi of Nho about ten years before his death gave a royal order that left the choice of color to the discretion of his subjects. Now they did not have to wear a full dress, they may just wear a pin upon their suit or dress (circa late seventies tn--). Everybody shave their heads. Penance varied with the widows of important personalities. (What does this means?) They do serve their nine days of mourning over the carpet or bananas leaves where theyll seat and eat. Once this period is over, the king delegate a high officer to relieve them from their duty. The Tchinda, (Highly ranked royal officer) will assist the ladies holding the hand of each lady at a time. They also receives a bamboo staff. This they will carry with them until the day when they will learn
that another Lord (Chief of a family) died in the same village (dukedom or county). The widows walking in rank walks to the abode of the deceased lord. Here each lady after another will throw her staff by the door of the deceased. Once this is done, the Deputy of his Majesty invites them to follow him about a farm. There they will jump over a lump of earth about a working farm. Theyll do this nine times (holly number) in the row. This marks their liberation. For until that time they were not allowed to cross it. They had to go around it. Now they can resume their activities. Now they are once more entitled to farmhood. Now that they are purified they can farm again. They will go about their normal daily activities in traditional manners, taking their tools and baskets with them, elegantly sited upon their head. Theyll take their lunch to the farm as they see fit. They may have their favorite igname (a delicacy yam like food that is eaten cooked in water or grilled) The right to resume their duty is given to them by an Officiate of the Court. The latter is known as Purifier. He gives them the permission by placing a basket upon their head. They will make few steps, and then come back to him. He now may walk them back to the court. The widows place their staff by the gate of their residence. The basket is placed on the side. The Officiate now shaves their head. He may do so with a razor. The hairs are burried deep in the ground, right by the courtside, perhaps around the houses or next to a banana tree (considered sacred). It is forbidden to throw these hairs to the wind. Sometime nails are also buried. Once this part of the ceremony is done, Officiates wash their hands in a bucket of water. Now they are free to take their shower. For nine weeks it was forbidden. During this period they were restrained to the same outfit. Once liberated they will throw the dress away forever. They can now wear their mourning outfit for one year. That is until the anniversary of their husband death. Widows received from the heir, a big bag of raphia. This they shall use as their everyday bag. The heir who is the new husband organized the Mourning closing gala of which the main course is plantain cooked with meat. This meal is cooked on one big earthen pot. Plantain and meat are cooked together in a generous bath of palm oil. The great meal is shared by the entire family. Everybody eats
but the widows. They leave for their individual family. There they bade farewell to ancestors as well as to the livings. This general farewell does take into account the closeness of blood. When an heir is not interested to be associated with a widow, he simply does not send to her family the ritual meal. She will neither receive the great white bag made of raphia. Such a widow is now free to resume a normal life and to marry who ever she likes, should she be inclined to be married again. Her children however remained the children of the heir as provided by the law. Technically speaking however she is still responsible for the welfare of her children.
WIDOW AND WIDOWS
There are different kinds of widows 1- WIDOW WITHOUT A CHILD It is a difficult life for a widow that does have neither children nor brother to assist her. Sometime such a woman may find herself without a home should the one left by her husband be destroyed or decrepit. Taken in levirate, she will never have the same love afforded to a mother. Even one this is a nice and kind woman, not pretentious at all, her fate remained affected by her sterility. Sometime a widow without children or family members would find herself abandoned by the heir. Such a widow will never be upset as a result of the abandonment.
2- WIDOW WITH CHILDREN Widows whose children are all boys are not often
taken in levirate. This is because people are afraid of boys. When they are accepted by the heirs, they seldom enjoy the same favors as those whose children are all girls. Girls have economic power that boys did not have. They can bring money to the heirs. When a widow has young children she is often obedient, behave well and seeks the favor of her new husband. She may do this until her children are grown. They she may leave her husband and go to her children to live with them in their own home4. .
TRIAL OF A WIDOW
Each widow shall inform her family members of the date and time of the trial. (1) 4 le Vivre quotidien...de lAbb franais Gapi (Daily Life...by Abbot, Gappi,. French. P.48-49. The day of the trial, the widow will introduce herself at the house of the deceased. Here are seated in assembly all family members and witness of the widows. Present witnesses are the same that sent her to marriage. Each father in law will openly reveal whether the Dot in its entirety (goats, cans of oil, mothers pearls, etc.) were fully delivered and the money of the Dot given in full. In the case that a father in law did not received the total amount expected; he must let everybody know what balance is due. Family members of each widow will follow suits. Giving their full accounting. The family of the deceased listens very carefully. Each case is assessed separately. The father of the bride that received the entire Dot stated so publicly. Accessories however are never fully accounted for since the father of the bride is not entitled to all accessories. Other members of the family that may have received accessorial doting material are the uncles, the aunts, and the first born sons. It is a matter of right that they too would receive accessorial doting material. There are some complexities here. For example he that is entitled
to a goat will have to give hen to his father in law. As long as this is done, his father in law cannot rightfully give him his goat. Essence of Law Ancient Africa Bamileke 192
FUNERALS
ARTICLE 139: The Family Counsel will determine the dates of funerals. Funerals usually take place a long time after burial. Their goal is to honor the memory of the deceased. The funerary rites aims to pay homage, respect to the spirit of the deceased. This so that he will assist the family and bring good luck and happiness to his offsprings.
ARTICLE 140: Friends and family are informed ahead of the ceremonies so that they can partake to the expenses and give any help that they might. They can participate financially or offer material goods. They so help theirs in the funerary expenses.
ARTICLE 141: Assistance to a friend or family for his funerary expenses as specified in Article 140, maybe construct as a debt thus contracted. Essence of Law Ancient Africa Bamileke 196 Such a debt must be paid whenever this is possible. It will be paid back in the same manner that it was received. That by helping those that help you when they too are dealing with their funerary expenses. You will give a goat to whom gave you a goat during the funerary. You will give the same number of shots or honor as was given at the funerary. Before colonial era the numbers of riffle shots made during a funeral were recorded on a bamboo stick. This data was passed on to the heir as a debt due to one or another participant. Such a debt was expected to be a credit due.
ARTICLE 142: Before the date of the funeral, children of the family sat down and made a full accounting of what was due. Full credit and entitlement were given in all fairness.
ARTICLE 143: The brother of the deceased will call for a general meeting. During this meeting a date will be chosen in agreement with all present.
ARTICLE 144: Once a date has been decided for the funeral, the family of the deceased shall give the following to all societies of which the deceased was a member: Two goats, two great containers of palm oil and two regimen of plantain. One of the two goats thus delivered will go to the king.
ARTICLE 145: The king will have the final decision. He will choose the date for the funeral. Indeed there can be no funeral without a clear royal agreement. The king will approve the date of a funeral only if he receives what is due to the crown. He must receive the offerings and a sum of money. The amount of such sum is based on the financial situation of the deceased or the importance of his family. It is common to say in the Grassfield as a popular quip that the funeral were bought from the king
Essence of Law Ancient Africa Bamileke 198 Article 147 The skull of the deceased will be buried at a most appropriate time. It will then be placed in a special place reserved for meditation and prayer. Before separating the skull to the rest of the body. They must dig a hole big enough (in agreement with the greatness of the deceased) to accommodate the body. All around the large bowl, a patrician places two rounds and black stones. These stones called mossie which means children of God, will hap to heal and massage any member of family suffering from rheumatism or from other muscular pains. The stone shall also heal the young
Article 148: All family members are entitled to have free access to the family church. They will do so under the kind eye of the head of the family. Theyll go and prey to ask the deceased to be their advocate to the holly and powerful God. ARTICLE 152: It is the responsibility for each member of the family of the deceased to accommodate within the compound of the deceased a location where their personal guests will stay. Welcoming for the guest shall begin the day before the funeral. It will continue on all night long up to next morning (the morning of the second day).
199 Funeral are important celebrations. There is plenty of food and wines. Friends and families that have not seen each other for a long time meet again. The great day (day of the funeral celebration proper), around 10 am, all guests, families and friends dressed in traditional outfits. In or about 11 oclock the next morning they all gathered at the funeral (usually a place accommodated to receive a large number of people). Already the drums are being played to welcome the guests. Funerary songs are sung. These are deep and profound songs. The great crowd feels the emotions as its approaches the great hall. The crowd had formed concentric dancing circles. Their effect to the bereaves is uncontestable. Many are crying, while others have tears in their eyes. Musicians are playing in the middle. Some family members cry. Funeral are in certain respects considered to be great collective experiences. It is believed that each participant while crying is reminded of someone dear that they lost.
ARTICLE 153: Great bags of ignames carried upon their head by the widows close to the deceased will be given to the children after the ceremonies commemorating the departed.
These bags of ignames stand here as symbols for the food that they used to cook for him before he died. It
200 is clear that they wont do it again. So by giving the food to the orphan they are saying good bye to the departed.
ARTICLE 154: At the apex of the funeral celebration will appear members of the various social societies to which the deceased belong when he was alive. Secret societies members appear wearing their mask. They have to preserve their anonymity. The day before the funeral celebration these societies receives each two goats. One of the goats is killed and shared among the members during the meeting. The other is presented to the king.
ARTICLE 155: The heir will be introduced by the initiates. The initiates for this office belong to the Juju (joujou) sect. This introduction is made in the middle of the funeral celebration. This is the official introduction of the heir. It sometime happens that children pretending to the title that were so deceived openly leave the ceremony, loudly declaring their disagreement. Essence of Law Ancient Africa Bamileke 201
ARTICLE 156:
The funeral celebration openly closes the grieving period. The grieving period was full of penance and sorrow. After the funeral life start anew.
ARTICLE 157: After funeral, widows may normally resume their farming activities. They may also lead their business activities as usual. ARTICLE 158: One full year following funeral the skull of the deceased will e collected and safeguard in his house that is now that of his heir. This is done through a special ceremonies made of particular rotes. These rites have for role to bring the blessings and to purify the location. These relics are considered holy.
Essence of Law Ancient Africa Bamileke 202 ARTICLE 159: The heir has the responsibility and duty to do and follow all rites required for the well being of family members without exceptions. He will refrain from any bad feeling during these rites. He may not show any bad will during these rites. Family rites have a specific goal. It is a way to ask the deceased to bless a family member. The special rite is grave and lead in devotion. The protocol was conducted in the following manner: The heir sacrificed a chicken. Goat meat and chicken are roasted and mixed with palm oil. The heir separates flesh from bone. He proceeds to mix everything together in a pot.
ARTICLE 160: Ritual offering to the deceased is buried next to the pan
that was placed next to the skull. The ritual is accompanied with the following formula: Father, bless your off-spring Give him grace for the rest of his life Lets his entire family be in good health Be their ambassador on the side of God So that the divine, the eternal will accord Holly protection to the livings (posterity). Essence of Law Ancient Africa Bamileke 203 Prayer is followed to the letter. It is forbidden to ask for money. Health must come first, and then happiness may follow.
ARTICLE 161: The heir has the right to seat in all societies to which the deceased was a member. He will carry his name. He is entitled to all privileges and titles that the deceased once enjoyed.
204
SKULL FORMALITIES ATTACHED TO THE SKULL.
DISPOSITIONS THAT ONE SHOULD FOLLOW
ARTICLE 162: Rites associated to the skull (holly relic tn--) are strictly designed to obtain the intervention of the deceased who is believed to be seated next to Si (read seehae): The One and Only God. The departed are potential angels seated on the side of God. There is no adoration of the skull here. Quite in the contrary. The skull is seen as a visual representation of the ancestor. A medium of transmission. The latter (ancestor) is perceived as an intermediary. Someone that has direct communication with God. Someone that intercede on behalf of the living. ARTICLE 163:
Obligations to the deceased do not end with burial. This is the case when it comes to rites and ceremonials associated to the skull.
ARTICLE 164: Until the skull is exhumed, one should make sure that it is safe and secured. It is in an effort to assured the best security possible that the deceased is buried under his bed. = ARTICLE 165: The skull of the deceased must be removed in appropriate time and place. It shall then be secured at a given location, one reserved for rituals. Before separating the skull from the rest of the body, he must dig a hole. In this hole must be placed an earthen pan. The size of this pan will vary relative to the status of the deceased. All around it are placed dark and round stones. These stones are called
Moosie, which means sons of God. They will become healing stones that will be use to massage members of the family suffering from rheumatism or other muscular pains and ailment. The black stone considered holly has a long history. It is found both in the Bible and the Coran. (tn) Inside the pan the officiate pour concoction that have been mixed with raphia wine. This potion will serve as a purifier for members of the family in bad luck. In the process of this rite the head of household will call for the spirit of ancestors. In his prayer he will ask the ancestors (sprit) to intercede on behalf of the family to God, asking Him to bless the family members that asked for the ritual to be performed. He asks for blessings.
ARTICLE 166: All members of the family, whether they are closer in blood links than others, are entitled to enter the vicinities of the rite. They will do so under the kind eye of the head of the household. They are entitled to ask the deceased to present their case to God All Mighty. They are entitled to divine blessing. The deceased is seen as Saint. (tn) The skull ceremony is a true social phenomenon in Grassfields. As long as the skull of the deceased has not yet received its post-mortem (tn) ritual, to which he is fully entitled, the family is not satisfied. For the skull represents the deceased in its full right (all dimensions). In this respect he is entitled to everything that he got when he was alive, that is respect, honor, affection and consideration. The removal of the skull is done in the following manner: One digs a hole by the head. The latter is pulled with both hands. All is done with caution and deference. One must make sure that the inferior mandible remains in place. Then he is placed on a banana leave. This aims to simplify the proceeding. He is then re-buried by the wall perpendicular to the bed of the deceased. This place henceforth would become a place of prayer. It is a place of blessings for the entire family. A little recipient is placed next to each skull. Water from this recipient will serve for
blessing. It is a private sanctuary.
ARTICLE 164: Si (God) The One and only God, is the Creator of all things! Bamilekes principalities extended to all western Cameroon territories. They were divided by colonial entities. One part became English the other French. The ancient kingdom of Nho today known as Bana and other principalities sharing the same cultural roots were profoundly devoted to God. They believed in a God that created everything. Here we must cite Abbot Francois Gapi (1) There is no belief in Hell in the Grassfields. There is no purgatory. There is only the Great house of God. This house is called Kamanam or Puh. There live ancestors. This is why prayers and sacrifices are made. They are sent
to ancestors that live in the Great House of God (Angels and Saints tn--). They are asked to speak to God on behalf of the living. Ancestors are expected to intercede in discretion for family members. Life in the after world is marked by the invisible links that connects ancestors to God. Ancestor will ask to the Divine to look after the livings (those that were left them behind) because they were called by God. They may ask God to keep away bad spirits and vampires. They will ask God to purify the house of the livings. To keep away bad spirits that haunts the house and disturbs the good peace. (P. de 74 87 de louvrage de labb Franois Gapi) (1) Abbot Franois Gapi, as a priest, attempted to penetrate in debt, religion and practices in Grassfield. He proposes his conclusions in Le vivre quotidien et sa religion traditionnelle chez les Bamilk de lOuest Cameroun Traditional (Bamilekes of Western Cameroon : Life and Tradition)
ARTICLE 165: He that intends to place a request during the ceremony of the deceased will bring a hen or a chicken (there is a distinction based on sex). Once the blessing is pronounced the hen or the chicken is placed over the head of the supplicant. The following words are pronounced. They are addressed to the ancestor: Show me that his prayers were accepted and the chicken shall fly away from the childs head. Or Show me that you have rejected his request and the chicken shall remain still. When the hen or chicken remains still over the head of the supplicant, the officiate will now ask the ancestor whether more is expected from him, like giving an extra hen or chicken, perhaps a goat. The supplicant is asked to offer meat to the skull of his grand-mother, uncle or one of his deceased relatives from the maternal or the paternal side. The officiate will ask the ancestor whether such a request when fulfilled would grant his prayer and the supplicant be blessed. When the hen or chicken flies of, the request is considered granted.
Essence of Law
Ancient Africa Bamileke 213
CRIME AND PUNISHMENT
This chapter has been written to remind us of the heavy cost created by the lost of value. Odious examples shows that well. (In the French edition are shown pictures of children accused of parricide)
ARTICLE 169: God has created all life. All lives are protected by God. No one shall take away a life protected by God.
ARTICLE 170: He that takes another man life will be hanged in the public square.
ARTICLE 171: The hanged is buried in the wild far away from his family. He will be buried by the men of the kingdom secret society.
ARTICLE 172: There will be no mourning, no lamentation no other manifestation related to the dead to be organized by the family of the hanged man. He must be totally forgotten.
ARTICLE 173: Properties of the hanged man are left to his family. To those who have those rights according to law.
SOCIAL RELATIONS
219
PREAMBLE
To be inoffensive will be seen as the golden rule. This rule stands at the apex of all social relations in the Grassfields. You shall never pay back a bad did by a bad did. You are not allowed to act in revenge. Only God has that right (God will do revenge for you). When someone offends you he has offended God. Solidarity is the dominant rule.
ARTICLE 174: Those that belong to the same generation must respect each other. Respect is reciprocal. They must assist each other. They have the duty to entertain a spirit of solidarity. They shall enforce a sense of community. They will safeguard the community. When in any society community holds fundamental value, the concept of age groups takes all its meaning. Thus, the kids will go to their daily chores in small groups of 2 to 5. They will go get water from the well. They will go fetch wood for cooking. They will do so with one devise: All for one and one for all! Essence of Law Ancient Africa Bamileke 220 Together they will organize their own game and
activities. They shall also devise fighting sessions, for example. The purpose being to get them acquainted with war games. The older of the children is usually the one in charge to organize a fight between two young men. They are placed in front of each other. He then places his hand over the head of one of them and led him to the other. If the latter blows over the extended hand, this means that he has accepted the challenge. He that has no interest in fight will not blow over the extended hand. When both friends are ready to fight, then the fight may begin. The result of this will establish the rapport that will exist between them. When even then they will considered themselves as equals. Otherwise there would be a hierarchy of sort. Well before they reach adolescence, young men organized their own financial clubs called the Tontines (on the model of that of their elders and parents tn--) These Tontines are supported by their own little business. They may sell sugar cane, they may engage into the weaving of bamboo leafs, palm or dates leafs. They may sell kola nuts, bananas or peanuts. Thus were acquired at an early age basics notion of trade & commerce. So are developed the legendary spirit of entrepreneurship, acquired well before kids reached adolescence.
ARTICLE 175: People of the same age group must always assist those of the next age group. They must generously exchanged counsels and partake to mutual support.
ARTICLE 176: The young are more than expected to work together; it is their duty to be well organized. It is in their interest to have a functioning collectivity. They must be responsible and they must act logically (with method). This is an Article that is concerned with those that are about to enter adult life. The collectivity expects them to be rigorous and to strictly observe such
social values as solidarity. This is how they will join their effort to build houses. They must have discipline, they must be serious when they build the house of a neighbor or that of a family member or even when they clear out the bush or prepare a farm.
ARTICLE 177: Those that have won a tontine (total sum collected in the financial association by one individual on cyclic like turn tn-), will remit the entire sum to their father. The father shall judiciously decide what the money will be used for. He may decide for example to use such money as a capital that will help his son to start his own business. He may in the contrary save the money for the Dot. He may also use it to enforce his own financial capital.
ARTICLE 178: The young are expected to be involved socially. They should strive to interact with societies in successful manners. Young men at the latest cycle of internship for social inclusion have responsibilities: They will assist their parents in their business (for example, help them when they go to the market). They will go there with them. This will help them to assimilate the subtleties of trade and commerce. Such things as negotiations (bargaining), marketing and commercial strategies. Essence of Law Ancient Africa Bamileke 223
They must partake to social activities. They will become full members of society. They shall do so by signing into social groups of their choice; for example they may entertain the community as musicians, performers and also participate to communities events be it in the happiest or saddest moments. They must do this to be fully integrated, for it is within their community that they will spend their life. They will evolve by age groups in said communities. Boys get involves with other boys to organize various social activities beneficial to the community. Young women stay with their mother. Mothers educate their daughters starting at a very young age. When girls reached the age of reclusion that is the ages of 13/14 they enter a seclusion cycle. During this period they do not have any contact with the outside. It is the time for them to grow and mature. It is this stage that will prepare them for marriage. A young lady in puberty in the family is always the source of great concern for the mother.
LIFE AND SENIORITY
ARTICLE 179: In all matters and forms, the right of the elders shall always be observed.
ARTICLE 180: The younger in age must always give his due respect to the older in age. He shall always show consideration and be obedient. Let us be clear here: Grassfield culture does not tolerate abuses. The elder in age has no right to take advantage of the younger in age. Quite in the contrary, it behooves to the older in age to instruct the youth about the necessary values for good harmony in society. He will enforce to the younger in age the importance of said harmony in the family as something of a necessity. A young man that is polite and respectful will grow up to gain respect in society. The notion of service here is an indication that the youngs as they grow up learn to be modest. They are willing to do errands for the elders. They are free of misplaced pride. Essence of Law Ancient Africa Bamileke 228 There is nothing wrong in assisting an elder. There is nothing wrong in doing menial things that are necessary to the elders. To help an elder, to assist him or her is in the contrary the sign of a good (social) education.
ARTICLE 181: Out of respect you shall not call a senior by his name. There is a common say that goes like this: You dare calls me by my name as if I was your equal. Whenever this is said, it has nothing to do with social status. It is barely a reminder for the respect due to seniority and the notion therein inlaid. Within a family, each member has aside his common name, a title given as a mark of honor. When his younger brother or sister addresses him or her, he
must use said title.
Within all social groups, there are honorary titles that the youngest must used when they speak to elders. Within all social entities, there are codes aim to show respect and consideration. One must refer to them when they address each other. For example, are uttered only the first syllable of the name, followed by the term of seniority. That is the right way to properly address a senior. Here is an example: A junior addressing Mr. Happy shall say Ha-way (Hawa) (perhaps should be written Hawoo Hawo-- ?) Never Happy. A respectful young man must always look after the elders. This respect it shown in the celerity demonstrated while rendering a service. It is shown in the manner one listen to elders. Obedience is a virtue that is admired. Insolence and egoism are forbidden.
ROYAL PROTOCOL
Miafo So (Grand Duke) Schula of Bana (Brother of king Ptah fu), at the Summit of 1954 In Paris Prince So-Shula fought for a fair price for African farmers.
GENERALITIES
ARTICLE 182: Honor and respect are due to the king (chief).
ARTICLE 183: Royal protocol demands the following precepts: -One shall never look at the king straight into his eyes. This is strictly forbidden; to address the king you should look down as a sign of submission. Orders of the king must be immediately followed by all and cannot be questioned.
You may not smoke before the king. You may not hold the hand of the king while greeting him
ART 184: Restrictions to the king (chief): - The king may not eat in public. - He shall not greet with his hands - He shall not clap his hands. - He shall not smoke in public. - He shall not show any emotion in public. These precepts relating to royal codes and conducts are not exhaustive as presented here. They are an indication of what was practiced in royal protocol. In the Grassfield the king is a semi-God. He represents the link between ancestors and the livings. He is the bound that keeps society together. He is the custodian of civilization. He is the symbol of continuity. We were not able to cite here all the rules and regulations related to royalty. The kingdom has a very complex social framework. Succinctly: The kingdom is divided in four neighborhoods. There is a symmetrical alley called tetee (taytay) The first district (neighborhood) is the domain of the first queen. She is called Ngop (Gop) and has full authority over her administrative territory. The second district is under the authority of the second Queen called Siyak (see-hak). Each district (neighborhood) is inhabited by a great number of king wives. They are all submitted by law to the Ngop. The third district is that of the king. Right at the bottom of the patio (interior court) is the abode of the recluses (women of pre-puberty age (10/12 years old). It is a private school for future queens. They are taught and taken care of. Once they reach maturity they can be introduced to the court and officially declared royal
women. While in the royal nursery they are called Njweghen (read jhuaguens) or future queens! Within the royal court, the second neighborhood is reserved for royal servants. It is rather a royal academy for junior officers of the court. It is under the leadership of a Secretary of the Court. These students are called Poonwat (Ponuat). Besides such titles associated with a district or a given royal neighborhood (Ngop, Siyak, Njwenji), there are other important titles for queens. Women of character that have gained the trust of the king may received the following titles: Makokam, Matoukam, etc. Essence of Law Ancient Africa Bamileke
Essence of Law
Ancient Africa Bamileke
MAFO (MAFEU) QUEENMOTHER TITLED WOMEN
GENERALITIES
The title of Mafo is first and foremost the title of the queen whose son inherited from the deceased king. Mafo is also a title of acquired nobility for women. Once a king was enthroned, his mother left the royal court. She was lead to a new place that was made ready to welcome her. She was now a Mafo (literally mother of the king). The title is also given to all her children. Her daughters are called like their mother Mafo and the boys are called Miafo.
ARTICLE 185: There are dignitaries that enjoyed a special rank within the court. They are:
- The Mafo or Queenmother (the mother of the sitting king) - Is also called Mafo, senior and junior sister of the sitting king - Miafo, elder brother or junior brother of the sitting king.
1- MAFO, QUEENMOTHER
ARTICLE 186: Once the crown prince has been enthroned, his mother automatically ascend to the title of Mafo or Mafeu (Queenmother)
ARTICLE 187: The Mao enjoyed a very exceptional status and prerogatives: - She is dispensed of farm work. Her farms will be taken care of by women of the village or by wives of the deceased king. - The young wives of her son will take care of her residence. - Royal servants and officers will do errands and make sure that she has everything that she needs. They will restore what needs to be restored in her royal residence and provides necessary wood for furnace. - When a princess is engaged and married, the Mafo shall receive a goat, a big can of oil, and a big bag of salt. - Princes are required to assist the Mafo and to look after her herd of cows and sheeps. The Mafo also ascend to the rank of magistrate and holds a respected court in her private properties. There she will judge and settled conflicts that arises among women. The Mafo statute is truly exceptional. She may at her whims fire or hire her woods gatherers (euphemism for husband). Technically she has no husband for nobody can be the husband of a queen mother. So her partner will never be called husband. Once her son sat on the throne she took control of
her own great quarter, made ready for her and built in the vicinities of the royal castle. Proximity allows her son to visit his mother in total discretion. As stated, the Mafeu is the mother of the sitting king. Certain women, in particular princess that gained the respect of the king may also be given the title of Mafo. The Mafeu, mother of king, has her own quarters. She has her own staff. She is a magistrate with the power to solve certain conflicts within her own residence and properties. She has the obedience of the sitting king. This right however is rather discreet. Her position shows the dominant role that women played in Grassfields traditions. Essence of Law Ancient Africa Bamileke
2 MAFO- SISTER OF KING
ARTICLE 188: The kings sister is called Mafo. She enjoyed all benefit and prerogatives attached to her rank. Art 189: The Mafo cannot take a husband It is of the Queen mother as it is for the sister of Queen. Their life partner is called by a pseudonym Wood gatherer. Whether in private or in public he do not have the right to introduce himself as husband. His statute in fact is that of a servant, a private assistant or personal secretary. One must speak to the Mafo with deference and must bow with reverence in the process.
MIAFO (MIAFEU) / MIAPOU
3- THE MIAFO, WAFOU ( PRINCE, BROTHER OF KING)
ARTICLE 190: His social statute is that of a High dignitary. He is counselor and royal ambassador. He is present in all meetings that take place in the palace, be it social meetings or business meetings.
After enthronement, the royal court asked one of the nine members of the Supreme Court (Kamveu, also secret society), to place the kings brother in power. The Miafo will be installed in his own quarters. It is a kingdom in miniature. It has many residences all ready to be inhabited. They all have their reserve of food. They all are all set with royal staff. There shall live the new Miafo with his family (many wives and
children) When a king does not have a brother upon enthronement, a family member from his mothers side will take the place and title of Miafo with all privileges and prerogatives attached to the position. Essence of Law Ancient Africa Bamileke
4- THE TAFEU OR PTAH FU (FATHER OF KING) ARTICLE 191: Ta (Ptah) + feu (Fu, fo) means = father + king. Literally 'Father of king' The Tafeu might be an uncle or a cousin from the mothers side. Once the new king is installed, he nominate a Tafeu. The latter is someone of great influence from his mothers side Once a Tafeu is nominated by the king, he is officially introduced to various secular assemblies (groups, clubs or societies) by the Homeland Secretary or the minister of the interior called Wala-Nho. With this position he becomes a very important member of the royal administration. In order to benefit from court advantages, one will often have to request the services of the Tafeu.
5- PRINCES (DESCENDANTS OF KING)
ARTICLE 191 BIS: Upon birth princes are laid down on the skin of a panther. This is to give them power as well as honor. Princes are held in high regards. Many of them are often tempted by pride. They have little interactions with the king. Their education is the responsibility of their mother, an uncle or an aunt. The latter on their own accord. The Crown prince is often treated very badly by the king. He does this to protect the crown prince from his brothers jealousy. He is often sent far away from the kingdom. He will receive his education from a close friend to the king.
The latter will impart values of modesty to the crowned prince. It is only upon the birth of his father that the crown prince will be reintroduced to the court to claim the throne.
NOTABLES, LORDS, DIGNITARIES
Bamileke market place (secondary Hall), c. 1914
Market place 2nd court 1914-1917
PREAMBLE
A notable is generally someone of great prestige in a village. There are different kinds of notables. They are in charge of the proper march of things in the village (administration and accountability). They work in agreement with the king.
TITLES OF NOTABLES: *Nkamveu (nine notables). They are placed at the head of each district (in the capitaltn--). They are in charge of the population of their district. Notable is a hereditary position in the same manner as it this in the court since they are descendants of royalty. Should the king die, the notables have the charge to choose the new king. Notable that bought their title (were nominated by the king for service render or as a favor) do not have the same power and prerogatives as notables of blood. They do not have a population or anything else (not unitarien) under their belt. They simply have honorific title. Essence of Law Ancient Africa Bamileke 254 Notables with land and people (head of a district) have the power to ennoble others. They can name resident of the district to the title of Notable. The latter influence however remains limited to the district.
ARTICLE 210: To be a Notable is to be like a light in the village (dukedom or chiefdom). A Notable therefore must be an example for others.
ARTICLE 211: The king nominates Notables. Kingdom being the source
of power.
ARTICLE 212: Notables are the dignitaries of the kingdom There are various levels of Notability. They are classified by social category.
ARTICLE 213: Social categories formed close circles quite different from one another. Here are these categories: - The princes ( Zaa and Zeu) - Ennobled servants to the rank of Menkam. - Warriors and Saa -The Kunza, Moombe and Poola - The under-chiefs - Women of nobility - Transfuges of high moral standing Each group carries specific titles that could not be confused by another.
ARTICLE 214: Princes are called: Zaa (founder of kingdom. Inheritance here follows the same pattern as that of royalty. Women may not be Zaa and the king has no power over their structure.)
Zeu : Princes belonging to the order of Kosi (Kosie society). Their other titles are : S or Swop, Nwamb-s.
ARTICLE 215: Titles for servants are the following: Poo-wa, Ndifeu ou Ndiffo, Ndambo, Ntabwe, Nwala. The highest title here is Menkam. A Menkam stand at the apex of Article 215.
ARTICLE 216:
The title for Soldiers or warriors is Sadieu (literally fighter). Such titled if generally given after a war.
ARTICLE 217: Under-chiefs (Viscomte) are called Feutieu (Land Chief, Vassal). This title is usually attached on territories that were acquired by victory at war.
Article 218: Noble citizens have the titles of Mbeu, Senfeu (friend of the king). This title is usually given to people that have enhanced the glory of a kingdom or county by their actions.
ARTICLE 219: Women may ascend to the rank of notability. These are the queens that are the Mafo or Mafeus, highly popular princesses.
ARTICLE 220: People that have made their mark in society may be elevated to the rank of Notable.
ARTICLE 221: Notables are dignitaries. Their social standing finds its roots on millennias long practice and protocols that cannot be violated.
ARTICLE 222: Customary protocol sets the rule of oral communication with dignitaries in the following fashion: The great meal is made of : 2 goats cooked with plantains, 2 entire goats, 20 liters of raphia wine, 1 big pan of tarot (a local meal), 2 ndeudams (a local dried seedy fruit), 3 kola nuts. In total 4 goats.
258 - Light reverence when speaking. - Speak so that you will be heard but speak softly. While speaking cover your mouth with your hand. Upon nomination the new Notable shall organize a festivity to celebrate the event. This celebration will take place in the halls of the secret society attached to the court of which he is an active member. Members of this society are those that will give him honor in public. ARTICLE 223: The language of hat when it comes to Notables is quite clear and unequivocal: - When the tip of his hat is turned forward, he is a young Notable who has his future ahead of him. - When the tip of his hat is turned to the left, this means that the Notable is matured. - When the tip of his hat is turned to the right this means that the notable is of great age (elder). - When the tip of his hat is turned to the back, this means that the notable has reached the pick of his carrier (social hierarchy) and do not expect anything more from life.
259 ARTICLE 224: Only dignitaries are allowed to drink in the horn of Dama. The dama is a cow with one hump. The horn of this cow was used to drink, but reserved to highly elevated officials. It was a matter of great privilege to acquire such right.
ARTICLE 225: Among equals are notables of the right hand. They can lend each other pipes and damas, when they belong to the same age group. The sharing of meats always begins with the older member of the group.
Rank matter a lot to the notables. They make a great deal of it. They are very susceptible and attached to their prerogatives. A notable will never serve himself a drink. He will rather ask his servant and his spouse to serves him as it should be. And this must be done correctly. They must hold the calabash with both hands while the notable hold his dama with his left hand (known as the feminine side of the body). This aims to show his power. When you present something to a notable, a kola nut for example, you must always do so with both hands. Be it at home or abroad, the notable must be served according to protocol. He must always be called by his title.
WHAT IS REQUIRED TO BE A LORD (NOTABLE)
ARTICLE 226: There are certain conditions that must be fulfilled for anyone to be named a notable: One must first of all have acquired great prestige. He must be popular. You must be helpful and have considerations for others. You must be in good terms with the king and with people. You must be impeccable in conduct and you must have great properties and many wives, as well as servants and wealth.
BANISHMENT
ARTICLE 192: Banishment is a criminal and civic sanction. The banished is forbidden to live in the kingdom. Banishment maybe definitive or temporary.
ARTICLE 193: Indictment is presented to the king by members of the family or by third persons. The king will make his decision after consultation with the counsel of notables. The king has sole discretion to give forgiveness to the banished.
ARTICLE 194: A person or a family (off-springs and collaterals included) maybe condemned to banishment.
ARTICLE 195: Must be banished: - Criminals -Those guilty of bloody and continuous battles. - Vampires and those engaged in sorceries. - Prostitutes -All those that are a danger to institutions and to the stability of the kingdom.
ARTICLE 196:
All those that have been involved or belongs to foreign secret societies maybe banished from their families. Magicians, sorcerers, those that worship the demons or spirits, bad spirits or mean inspired individuals all those in intelligence with occult and demonic forces, be it to gain wealth or to influence others must be banished. Their house, their activities and their money must be subject to distrust (one must scrupulously stay away from them).
ARTICLE 197: It is up to the family to be aware. A family that has doubt about the morality of its members with regards to subject of banishment must report the suspect to the king.
Essence of Law Ancient Africa Bamileke ARTICLE 198: Once a suspect has been reported to the king, the king will put together the trial of the cadi; to which the suspect must submit and defend himself.
ARTICLE 199: With regard to article 252, he that has been banished automatically loose all his rights in the village. He also loses his nationality.
ARTICLE 200: When he is accepted in a new village in disregard of his past he may live there freely.
ARTICLE 201: May also be banished: - People with bad food habits such - People that engage in fornication and are
fond of luxury. - Women with no decency in their life, women that engage in dubious actions in public. All people in this category are under suspicion of sorcery. Public suspicion against these people may sometime create foundation for banishment. When a person is banished, he is lead to the borders. Ashes are thrown on his back. And the following words uttered: Leave this village and take away your bad luck! There are people in charge of such duty. They are called the Fheufheu (king executioner).
ALIMENTATION
Kwa-Fwa, Secret Society Royal Musical Instrument. It symbolizes Hermaphrodte deity at the beginning of Creation. He is the Thot of Greco-Roman Mythology. In Bamileke theology he is neither good nor bad. He is simply the first principle of life. Found in Classical Benin (bronze
iconography of kings and ancient Kongo kingdom statuary)
ARTICLE 202: Food that maybe eaten are all green plants and other fruits generally eaten within the kingdom.
ARTICLE 203: It is ok to eat meat. One however will not eat meat from dead animals. To be eaten an animal will have to be killed or proper manner.
ARTICLE 204: People will not eat carnpians animals such as: panther fox. So it is with animals that eats insects. All birds that fly by night will not be eaten (bats and owls).
ARTICLE 205: One shall not eat such animals like: snakes, lizards, armadillo, escargot, crocodile and so forth, all animals that crawls. Nor shall be eaten animals that live in the marsh and swamps. Frogs and toad are forbidden animals, they may not be eaten
ARTICLE 206: Carnivorous birds will not be eaten. These are: sparrow hawks, crows, ravens and scavengers. Carnacian animals may be eaten by sorcerers. To be eaten they must be prepared with specific products, special herbs, and exotic fruits.
In general rule women and children will not eat such meat.
ARTICLE 207: Meats that can be eaten are: cow meat, dama, pork, goat, sheep, hens, chicken, pigeons and other similar birds.
ARTICLE 208: Those that eat forbidden food maybe ill as a result. It is also a source of impurity and diseases.
Essence of Law Ancient Africa Bamileke ARTICLE 209: Only initiates and sorcerers are allowed to transgress the law on forbidden foods. They may do so in discretion and in the course of their special duties.
(1) Two great Notables of Bana were Jefeu and Ngueula, They were true transfuges. They reached the highest social rank. They were highly held by all. They had great prestige all along the kingdom and were called MenkamJefeu and Menkam-Difeu-Ngueula. Essence of Law Ancient Africa
Bamileke
BOOK III BUSINESS LAW & PROPERTY LAW
GOODS: A DEFINITION
ARTICLE227: Heritage (patrimony) is made of two types of goods: movable property and real-estate.
MOVABLE PROPERTY ARTICLE 228: Are considered Goods : women, guns, debts, wearing clothes or fabric, furnitures, trees baring fruits, farms of raphia, elements of prestige such as elephant horns, panthers and otters hide. In the course of inheritance women are the greatest source of conflicts as both parties fight for them. It is essential to underline here that a widow regardless of the parties involves has the right to pick her own husband among those fighting for her hand. Though she may be subject to appetence, she has the last word. It is clear that women are not an object and may not be considered thus. When it comes to inheritance however, the fathers favorite spouse, she that was preferred amongst all of his wives becomes the center of attraction. The heirs are all interested in her. She has become one of the strongest powers of reminiscence. For being closer to the father when he was alive, she embodies all that he was to the children. As if love was telling them that to be close to the favorite is too close to the departed.
ARTICLE 229: Objects of rituals and those that belong to the family cannot be alienated.
ARTICLE 230: Furnitures that belong to the tiers of which one is a custodian will not be alienated.
ARTICLE 231: One may have the simple right to enjoy a property and not have the right to sell lit. So it is of all goods that must stay within the family.
REAL ESTATE
ARTICLE 232: Wild thatch is considered real-estate. So are farms of bamboo, avocados, prunes tree, palm trees. Once they are cuts they become movable properties. Here Grassfields law meets the Napoleonic code in spirit. According to the latter, goods are considered real-property when they cannot be moved or when they are still in their natural state or relative to the object of concern.
ARTICLE 233: Owning land is good. Land is part of the core wealth or foundation of the household. The notion of private property is very well respected by all. Each private property is separated from another by a set of trees (planted in mutual agreements by neighbors). They stand as an indication of border between the properties (See. Article 114, 115, 116).
USUFRUCT
ARTICLE234: Customary practice, legislate usufruct.
ARTICLE 235: One is allowed to enjoy full benefit from his labor and that of the property that he has custody of. The usufruct will benefit from the usufruct. As a consequence the custodian of a tree of palm wine will have the right to enjoy the wine that he got from the palm tree or raphia tree. He that has custody of a bamboo farm will have the right to cut bamboo for personal use. So it is for coffee farm, peanuts farm and all other products that fits this category.
ARTICLE 236: The Usufruct will enjoy the usufruct as a good father. He will take good care of it and assume all responsibilities attached. His rights on the usufruct die with his natural death. His right also dies when expire the time of custody.
4 SHARING OWNERSHIP (MITOYENNETE)
ARTICLE 237: All hedge separating two enclosures are considered of common ownership. Properties must be separated by bright hedges or fences that will serve as the limits between said properties. Common ownership in this context is often the
source of conflicts: When these fences are destroyed by time, neighbors tend to take the opportunity to extend their property over the neighbor.
ARTICLE 238: When disagreements arises on properties boundaries, neighbors are consulted. They are optimal witnesses.
ARTICLE 239: When they cannot reach an agreement between each other, the secular tribunal will settled the case. Witnesses will be
280 called. An investigation in situ directed by the court, to the expense of the losing party shall ensue. Neighbors are summoned as witness by the court. The court will determines the exact limits of each property. It shall do so on the basis of testimonies and the conclusion of the investigation.
ARTICLE 240: It is by law forbidden to corrupt fences that separate private properties. No neighbors may temper with each other boundaries (edges and fences).
ARTICLE 241: When fences or edges have been destroyed or disappears, they will be replaced strictly on the basis of their previous location. When trees stood as boundaries, said trees if replaced should be on the same location and as the one that were there before.
5 RIGHT TO TRESPASS THE ART OF CONVIVIALITY
ARTICLE 242: When properties are enclosed, one should ask permission before passing through. No violation will be tolerated. Fees may apply. When the right to pass through is denied for no valid reason, a court may grant such right after investigation.
ARTICLE 243: A house is a mans place of residence. It is so as a matter of fact.
ARTICLE 244: Each man must have his own home. It is forbidden to beg and it is forbidden to go in vagaries. Laziness is a terrible shame to the offender and to his family as a whole. A lazy person shall be mocked by all.
ARTICLE 245: He that is building his own house must receive help from the entire community. It is customary in the Grassfields that when a man has reached the ages of 17- 18; his father will give him a land within his property to build his own house. He will be assisted by his comrades of the same age while his mother and his aunts will take care of food during the entire time they spend building the house. Houses were built in stucco and brick-built. The structure was made of bamboo. The roof was of
conical form (some were pyramidal tn--) and the house itself was a square. The roof was covered with thatch. The roof was considered a masterpiece of architecture and was the domain of the town experts and specialists. During dry seasons (November to February) women go in groups to gather the thatch that will serve as rain proof material for roofing. The houses are always ready with roofs in place for the raining season (beginning in March). Thatch is a fine herb of 0,80 m to 2,50 m in height. It grows on hills by the beginning of the raining season. The raining season last from July 22 to October 15th. Walls heights vary from 3.80 to 4m. The most difficult part in the building of a home is the wall. Essence of Law Ancient Africa Bamileke This phase of construction is a team work. A human chain is formed. The first team digs the whole for mortar. The process is to mix up the red earth with water while volunteer creates with their feet the mortar that will serves as cement and that will cover the walls. One team digs The second provides water The third team works the mortar The fourth team forms the post-mortar earth balls The fifth team applies the result over the walls, antiquing the walls from both sides (interior and exterior) at the same time. The door is usually the only exit to the house. It is in general of about 0,5m in height (from the ground up). The portal is sculpted. Bamboos furnitures are placed around the living room. The Attic is also built with bamboo.
The building of the son house is made under the watchful eye of the father who holds the role of an inspector of sort. The son appears to be challenged as if he was passing an exam. His supervision of the team work will show how good of a man he became. It is not an accident if this period (when the young have reached 17 18 years of age) happens to coincide with the age of circumcision. Eligible
bachelor would be those that made their proof by their ardor at work.
ARTICLE 246: Custom requires that the building of the walls be done in one day. The reason for such requirements may rely in the following: -1er Validation: To show ardor and determination at work. Work seen here as a supreme value to be admired. -2me Validation: One should never do tomorrow what can be done today! The imposed celerity of action in building construction may aim to exemplify such precept.
ARTICLE 247: Once a house has been built, it becomes the abode of the host.
7 ACQUIRING PROPERTY
ARTICLE 248: Property is obtained through inheritance. It can be a gift or it can be received as a result of a will.
ARTICLE 249: The king is the august guardian of communal property. He may not claim it for his own for it belongs to all. Such communal properties maybe the following: - Water source (fountain) - A thatch farm
- A meadow - A forest - A grotto Such communal property belongs by right to any citizen of the land. They may share it with all at no charge. It is the common patrimony. A citizen may get his thatch from there. He may raise his flock or what need be as long as he does not try to claim it for his own. The king and the Royal Council will determine the means of use of communal properties.
8 INHERITANCE
THE DECLARATION OF INHERITANCE ARTICLE 250: The law of inheritance takes effect only upon natural death.
Article 251: To be an heir one must first exist at the opening of the will (when the inheritance process is declared opened).
ARTICLE 252: The law recognizes the right of inheritance between father and mother, among genuine heirs, between off-springs and forbearers. To inherit from someone is to take his place. That is to fully replace the departed. This is more than just acquiring the properties of the deceased. The heir should be as dignified as the deceased was. That is when the deceased was a man of dignity. The heir will acquire his title and must emulate his dignity. He will assume his prerogatives, his powers and act in all shapes and manners as the deceased would if he was still alive.
ARTICLE 253: Are not allowed to benefit for inheritance: 1-People that are not mentally healthy. 2-Those that are not yet in gestation (not conceived) 3-Children from unfaithful marriage
ARTICLE 254:
Are also forbidden from inheritance all those that have attempted to the life of the deceased or were accomplice to such a crime. People guilty of such crimes will be banished.
ARTICLE 255: Inheritances are deferred to the children of the deceased, to his parents or grandparents, to his ascendants or his extended family. Essence of Law Ancient Africa Bamileke ARTICLE 256: When the deceased did not left a will, the Family Counsel will have the right to write a will on his behalf.
ARTICLE 257: In the process of writing the will, the Family Counsel will make a full accounting of the deceased properties be it real estates or movable goods as well as what he owes to creditors.
ARTICLE 258: The inheritance process is open to the children of the deceased. When there are no children potential successors might be descendants of the deceased, his ascendants. One must account for proximity in blood line during this process.
Article 259: When the heir is under age, the Family Counsel will designate a tutor. The latter will administer the deceased properties until his heirs reach the age of majority. Essence of Law Ancient Africa Bamileke
ARTICLE 260: When his wife was pregnant at the time of death, the child is considered eligible for inheritance. In this case the mother assumes the responsibility of inheritance assisted by the child uncle and aunts.
ARTICLE 261: When the deceased left no posterity, neither brother, neither sister or descendants to benefit from inheritance, Family Counsel will organize the means of inheritance and extended family members will become eligible to inheritance, if closer relatives did not exist.
ARTICLE 262: When the deceased is a prince his properties belongs to the kingdom. This is to say that his properties thus belong to the collective patrimony of ascendancy.
ARTICLE 263: The king may nominate a prince as the heir of another prince. In this case part of the properties will go to the prince while the other part will go to the kingdoms treasury.
ARTICLE 264: Posterity that is of feminine sex is not entitled to succession. The rationale behind this law lies in the fact that upon marriage girls leave their blood family to become part of another family that is foreign to the former. The family of their husband becomes their new family. Thus should they be entitled to inheritance family fortune would be transferred to foreign family. Furthermore, since in most cases the deceased house
is part of properties to be inherited, there was the concern that the woman would abandon her marriage for that of her deceased father. Indeed as the heir of the deceased she was entitled to his properties and thus responsible of it. That is why women cannot be heirs. However while the father is still alive he will make great gifts to his daughter. Those gifts are considered to be her share of inheritance.
ARTICLE 265: When a man dies and has only girl, one of his grandson will be designated as his lawful heir by the Family Counsel. The heir thus designated shall be the lawful successor of his grandfather. He will carry his name. He will benefit from all his titles and prerogatives in society. When there are many grandsons a rite process will determine which one of the grand sons is the rightful heir to his grandfather. The goal of said traditional rite is for the decease himself to designate one of his grandsons as the rightful heir.
ARTICLE 266: He that has been chosen as the rightful heir of his grandfather as specified in Article 182 has thus gained the right and privileges to take control of the family and be a good administrator. He shall honor the deceased by his did and be respected by others. They will give him the same respect the deceased once enjoyed.
ARTICLE 267: The heir of a woman is her last child regardless of gender.
9 ACCEPTING OR REJECTING INHERITANCE
ARTICLE 268:
An inheritance can be accepted. It can also be rejected.
ARTICLE 269: Upon opening of the will, if the heir does not say anything, it would be considered that he has tacitly accepted his inheritance. He will then be seated as heir.
ARTICLE 270: As soon as he has been seated as heir, the new heir automatically acquires all right and responsibilities attached to inheritance.
Essence of Law Ancient Africa Bamileke ARTICLE 271: When the deceased was a dignitary, the heir will have to go to the chamber of lords (dignitaries) to fulfill his obligations (those attached to the deceased).
ARTICLE 272: Heirs of dignitaries must bring the calabash of raphia wine during regular meeting days. He may instead bring food, regimes of plantain and heating wood to the royal court. If he does not fulfill these obligations he will lose all prestige and obligations attached to the deceased.
ARTICLE 273: Denying an heir his rightful inheritance is a serious offense. Only under the most extremes circumstances would an heir loose his inheritance. Example of such: 1- Covert sale of inheritance goods. 2- Bad management ;
3- Onerous lost of goods ; 4- Mistreatment of widows. 5- Disrespecting other children of the family.
ARTICLE 274: He that wrongfully claims (usurpation) an inheritance commits a serious offense against the memory of ancestors. It has been demonstrated through the facts of life (experience) that any goods wrongfully acquired leads to the destruction of the family. This is due to the fact that the usurpator has no legitimacy therefore cannot enjoy any through respect from his brothers and sisters. Therefore cannot effectively be in control nor shall he be listened to. Often in these circumstances the usurpator will wall himself into indifference and arrogance. The result is a family in shamble. A social cell in chaos.
Secret Society Mask / Classical style, Bamileke Kingdom (Bana) c. 1914
Essence of Law Ancient Africa
Bamileke
10 RENOUNCING INHERITANCE
ARTICLE 275: He that has been chosen by his deceased relative as the heir of his property has the right to refuse to take said inheritance. This happens very rarely in most families.
ARTICLE 276: When an heir chose to refuse his inheritance the Family Counsel will have to designate a new heir. When such a consensus has been reached, everything goes well. The new heir tends to seek the advice of the first choice (he that refused to enjoy inheritance); he also tends to act in agreement with others in the family. There is a joint chairmanship of sort that takes place in the family. However there will be uneasiness if he that rejected his inheritance managed to keep some of it while rejecting the whole.
ARTICLE 277: When the new heir and the first designated heir are in disagreement the Family Counsel statutes in sovereignty. When said disagreement continues, the case is brought to the county or royal court. The decision of the king will be final (no appeal).
ARTICLE 278: He that rejected an inheritance may not come back to his decision afterward. As soon as the Family Counsel took the matter in hand and designated a new heir nothing else
can be done.
ARTICLE 279: The role of the Family Counsel in the process of inheritance is to devise the modes and means to accept or reject to succeed (receive an inheritance or reject an inheritance). He that comes back to his decision after he had first refuse to accept succession is seen as a trouble maker. Whenever this happens it is usually believed that it was under the influence of his mothers family that the heir refused to enjoy his inheritance. Said maternal family may advise the new heir to disappear at the time of the opening (or disclosure) of the will.
ARTICLE 280: Goods kept in hiding by an heir will be accounted for at the time of the sharing of properties. The person guilty of such act will not however be denied his share of inheritance.
ARTICLE 281: An heir of bad faith could not become a counselor nor shall he become a member of Family Counsel.
11 HERITAGE WITHOUT A HEIR
ARTICLE 282: There is vacancy in heirloom when there is no one to enjoy the right of inheritance. That is there is no descendant or ascendant, nor is there any known family member to the deceased. As stated in royal families properties go to the court. It is however extremely rare that an inheritance remains vacant.
DIVIDING & SHARING PROPERTIES ARTICLE 283: Family Counsel shall proceed to the inventory of the properties of the deceased.
ARTICLE 284: The heir presides over all meetings held by the family regarding the sharing of properties.
ARTICLE 285: When all the heirs are presents in the course of a family counsel, the sharing of inheritance can be reached by consensus. This would take place under the careful leadership of a paternal uncle or an aunt.
ARTICLE 286: When there are disagreements between the heirs, the sharing of properties shall be postponed until they make peace with each others. There are two dominant types of goods that have preponderant value: widows and lands. Violent conflicts arise on this respect. For example in 1925 at the kingdom of Nho (today Bana), after the death of king Happy I, SO-TAFEU (Happy II) and his brother SO-FEUNWE harshly quarreled about queen MANIFEUPISIE, one of the widows left by their father. SOFEUNWE had to run to the dukedom of BANKA (today a neighbor village of Bana). He remained there in virtual exile for about one year before he came back to Bana. The disagreement between the two brothers last until the death of prince S-Feunwe in the 40s. Vue in the context of the time, one should not be offended that women were part of inheritance. There is no misogyny in Grassfields. Women are recognized as the foundation of society. When made part of inheritance the idea is to show that they are tantamount to the most precious jewel in the context.
Furthermore it is forbidden to abandon a widow. She most have a new family. It is believed that the family of her deceased husband is in the better position to honor her as she should be (treat her with kindness and deference). It is there that she has a better chance to be happy. It is ultimately believed that her freedom would afford her warranty of happiness.
12
CHALLENGE TO INHERITANCE
ARTICLE 287: When there is disagreement on the sharing of goods following an inheritance, the parties in disagreement will appeal to family counsel to stature on the matter. When the Family Counsel has not been successful in solving the issue, the case is sent to the royal court, the chief or the king will make a final decision.
ARTICLE 288: Will be considered material to inheritance (to be shared by heirs): - Widows - Fields of farm or portions of farmland - Empty real estate - Movable goods - Animals (Cows, sheeps, pigs and so forth)
When no agreement (or consensus) was reached. And a real estate remains the subject of frictions, said property shall be sold by licitation (to divide properties subject of conflict by offering conflicting parties the opportunity to buy a share while the other will take the balance as his due share or to sell to a foreign party, then to share the benefice of sell in order to resolve the conflict). The total gain of said sale will be shared among the heirs (those entitled to the sold property).
ARTICLE 290: The family must always give to the rightful recipient what is due to him. The latter shall be a descendant, an ascendant, or belong to the extended family. All shall be done in agreement with the will left by the deceased.
ARTICLE 291: All gifts made by the deceased, all that he gave to family members shall not be contested but scrupulously honored. Recipients of said gifts would be descendants, ascendants and other family members.
ARTICLE 292:
When sharing inheritance, all gifts made by the deceased when he was alive will be placed apart from the property opened for inheritance. Such gifts will be given to the recipient in the presence of all.
ARTICLE 293: The will of the deceased must be respected by all. It cannot be contested.
ARTICLE 294: All those sharing a will have the right to do as they please with their share of the will. ARTICLE 295:
The widow of the deceases if she so desired may continue on living in the house of her deceased husband. Should this be the case, the heir in the case of monogamy will assure the comfort of the widow and take care of all her needs. When the deceased had many wives (polygamous), each widow will continue to live in the house that was hers when her husband was alive. The heir has the responsibility to make sure that they are all taken care of and live comfortably.
ARTICLE 298: Product of her farm (the selling of said product), that she used to give in its entirety to her husband will now be shared between the heir and herself. When the heir has other means to make a living, the widow shall enjoy the full benefit of her farm. This will be her source for a living.
13
TAKING CARE OF CREDITORS
ARTICLE 297: It is a bad idea to be indebted. Debts are due even when a person dies. One must pay back all his creditors before he dies. Death does not stop a debt, since it remains owed until it is paid in full. Debts that are not paid are the source of curse against the family.
ARTICLE 298: Co-heirs shall contribute to the payment of debts. They will do so under the guidance of Family Counsel.
ARTICLE 299: When the properties and goods of the deceased were not shared by the co-heirs, the chairman of the heirloom will have to take upon him to pay back the creditors.
Essence of Law Ancient Africa Bamileke ARTICLE 300: Co-heirs also have the responsibility and duty to assume all charges and responsibilities endorsed by the deceased. They must do so in the spirit of good sons. The beneficiary seen as an integrated part of the family member will partake to charges and responsibilities as stated in the first paragraph of this article.
ARTICLE 301: Funerals and sacrificial bills will be paid by those sharing inheritance. Other bills attached to these responsibilities includes the following: - To take care of the education and of the welfare of underage children. - The welfare of widow (monogamy) or widows (polygamy).
In a general rule the heir have the responsibility to lessen the pain caused by the death of the departed by looking after those that depended upon him. They will also perpetuate his good heart by emulating his actions. The expression the dead are not dead takes its full meaning in this context in Africa. The understanding here is that as we keep alive their memory by perpetuating their life, they are not dead, indeed.
ARTICLE 302: Each and every heir that took possession of that which was given to him (by the act of inheritance) has no other rights. He may not place his eyes on other heirs lot or share. The Family Counsel will enforce this law and assure harmony among the heirs. (See Art 147)
ARTICLE 303: When there is an act of rescission: when a family member was found guilty of hiding part or portion of inheritance, Family Counsel will proceed to the rescission act. The purpose of which is to restore justice in through sharing.
ARTICLE 304: In case of royalty. It is the case of a prince that has access to his brother before the death of the king or has access to their properties. Women are entitled to cowry shells and other goods (nice things)
ARTICLE 305: The right to send his sisters into wedding is the prerogative of the new king (or lord).
ARTICLE 306: He seats at the marriage ceremonies of his nieces. He receives the Dot, that is two sheeps and two gallons of oil.
ENDOWMENT & FOUNDATIONS
ARTICLE 307: An endowment is the act of giving something for free. It takes effect when a person gives something to another person and do not expect anything in return. Such a gift can be made while the giver is still alive. It can also be made by will (when the person had died).
ARTICLE 308: A Will is the act by which a person stipulates how his property will be distributed upon death. The manner and structure of distribution according to his desires. The person thus stating his will, choose trusted individuals to whom the stipulations of his will was made. The will was to be memorized and kept secret. A vow in this effect was made. Individuals benefitted from the will were kept away from the secret. Trustees of the secret kept it for themselves. They were in this way ordered to name an heir and to execute the persons Will as they were told. They
314 were the initiates of the will. They were to reveal the secret only after death. The introduction of writing disturbed or perhaps destroyed this level of trust. Today even writing will are contested. Trials on the matter fully exemplify this fact.
ARTICLE 309: When upon Declaration of will, there are mutual agreements among different initiates of a Will; said declaration is therefore recognized as valid. It stands for the will of the deceased. The will thus verified is accepted by all.
ARTICLE 310: As long as the will has not been made public, the initiate will have to hold on to the secret. This is a strict requirement.
Essence of Law
BOOK IV BUSINESS LAW: TRADE, EXCHANGE, RIGHTS & PREROGATIVES
PREAMBLE
B usiness is a liberal occupation. Each businessman and trade men are nevertheless expected to behave in good manners in order to attract customers. Smile and kindness are the first signs of a businessman, and then comes the welcome greetings. It is from this first contact that the opportunity to present your good arises. Follows the opportunity to sell. A businessman is often charming. This helps him to sell his products from his shop. The price is never definitive. One has to bargain the price. It is strange to get half price from the opening price. No customer will pay full price. Most customers bargain at the outset. The customer wants the seller to bring down his price. It also happens that the seller raise up the price in order to give himself room for bargain.
ARTICLE 311: When it comes to business only God is the ultimate witness. Only God will be the ultimate judge of transactions. Dishonest deals bring bad luck to the
offender. Such bad luck extends to his descendants.
ARTICLE 312: Business, farming, various industries, smiting, sculpting and more are all sacred activities, blessed by God.
ARTICLE 313: Each member of society is expected to prosper in at least one of these activities. One cannot do only one thing. To do so would be to appear as lazy. A word is sacred. The value of a word is silver. A man is tied by his word. This is irrevocable. He that betrays his own word does not deserve to be respected. It is calling for dishonor. It is calling for distrust and misfortune. It is not good to betray ones own word. Essence of Law Ancient Africa Bamileke
ARTICLE 314: To sell is to make the agreement to remit upon reception of money (sum expected for the good) what was offered to the buyer. He that receives a given sum is under the obligation to give to the buyer the article of good thus purchased.
ARTICLE 315: An agreement thus established creates a tie between the buyer and the seller. Such tie stand even before the article or good is remitted or even the sum paid.
ARTICLE 316: There are many ways to sell an item. It could be done in the following manners:
- Promisory (promess) - under postponment (Sous condition suspensive) - by agreement (sous condition rsolutoire) - Troc (par troc) The bedrock of business is trust. Here it takes greater value since agreements are oral.
ARTICLE 317: To sell is to have something to sell (good or item). Wholesale or lot sale are acceptable practices in business. The system of weight was not part of business since there were no systems of weight established.
Article318: When live stocks are sold, accounting is made per head of animal. When they were killed and sold as meat, quantity was estimated by hand weight (gauged with the right hand). A price was fixed this way. Business took place in the market place. Sellers and buyers met in the market. There they brought their goods to be sold and bought. In ancient time before the existence of money business was based on exchange rate. Good per good or time. Example: One may bring potatoes (or yam) that would be exchanged for palm oil. Essence of Law Ancient Africa Bamileke 322 Eventually money arose. In the beginning cowry shells
were used as money. This money was called mbam. There were also metal currencies of various kinds (some were small metallic like wires and other were pretty big. The latter are used today as decorative elements by collectors). Then came imported money. (Art 318-319 missings from original copy)
ARTICLE 320: Potatoes, yams and similar food items were sold by basket or in small stacks. Grains and cereals were sold by box. They were also sold by stack or by bags.
ARTICLE 321: Palm oil was sold in calabash. Oil from palm nuts was sold in bottle.
ARTICLE 322: A sell could be made in cash or by credit.
Essence of Law Ancient Africa Bamileke 323 ARTICLE 323: When there is disagreement in business an attempt must be made for arbitration (a wise man was called to settle the dispute). When arbitration was not successful, the matter went on trial. It is advisable to settle agreement between the parties when possible. This was considered to be the ideal solution. When all failed, the matter was given to God. He was the supreme judge.
Bamileke Dignitary (Bana) c. 1914
2 BUSINESS RIGHTS & PREROGATIVES
ARTICLE 324: Any one is allowed to engage in business regardless of age and sex.
ARTICLE 325: Business is a free enterprise. It should be done without restrictions. Discrimination is not tolerated in business. The price should be freely stated by seller. Said price however is open for bargain.
3 BUSINESS RESPONSABILTIES (OBLIGATIONS OF A SALESMAN)
ARTICLE 326: The salesman must allow the buyer to inspect the merchandise that he is selling. False publicity is forbidden. False publicity calls for a curse.
ARTICLE 327: The seller is responsible for his merchandise. If his merchandise is defective and if such defection is not visible to the buyer, he has the responsibility to take it of the market. Should he sell such merchandise, he must be prepared to replace it or to give back his money to the buyer.
Essence of Law Ancient Africa Bamileke 327 ARTICLE 328: When a merchandise was paid for and not given right away to the buyer, the seller had the obligation to remit said merchandise to the buyer at a later time as long as such agreement was taken between the parties engaged. Said merchandise may also be given to a third person representing the buyer, unless they were specifically told not to do so.
ARTICLE 329: The seller must stand behind his merchandise on the following basis: - The buyer must feel comfortable that he will have decent satisfaction of his merchandise. - The buyer must feel comfortable that he will have his
money back in case of unforeseen defection of bought merchandise.
ARTICLE 330: When the seller did not know that his merchandise was spoiled, he still had full responsibility to repair damages. He also has the responsibility to pay for the damages.
ARTICLE 331: The seller is not responsible when the merchandise was sold as is and the buyer was fully aware of visible defects of said merchandise.
ARTICLE 332:
In the case of rejection a readjustment must be made to the advantage of the buyer.
4 DUTIES AND RESPONSIBILITIES OF BUYER
ARTICLE 333: The buyer must pay the price asked for at the date agreed upon. ARTICLE 334: When the buyer did not respect his engagements, how could this issue be resolved? The resolution of the sell in this case is a matter of right.
TRADE & EXCHANGE
Essence of Law
Bamileke architecture c. XIXth c.
ARTICLE 335: The principle of exchange (bargain, trade) resides in the process of giving something and to obtain something in return. Bargain or trades are common places today. Before the arrival of modern economy, when money as we know it today was not yet imposed things were different. There is a lot to say on the problems that it causes. In ancient times it was common place to engage in trade and exchange.
ARTICLE 336: The principles implied in selling were related to trade. The rule of trade applied to all transactions whenever similarities of exchange existed between the two selling process.
Essence of Law
Bamileke pillar (detail) c. XIXth. c.
PARTNERSHIP
ARTICLE 337: Partnership is the process by which two individuals or more agree to put something in common for profit. ARTICLE 338: Things that could be placed in common: -Goods; -Money; -Manpower
TONTINE: A MICRO-ECONOMIC SYSTHEM
PREAMBLE
The Tontine is an economic system that was practiced by the people of Noh (Bamileke) from the depth of time. It is a system that allowed economic and social development through the creation of capital. The principle is straightforward: Capital is periodically given to one or other members of the in cyclic periods. (See Article320) At the end of a cycle each and every member would have created his own business or solve an important issue. Then the cycle starts over. This time the money served to strengthen (or increase) the capital. Such a system may last for years. All members are very respectful of the principles. Following are the foundations of said principles -Tontine is never absent -Tontine takes no vacation -Tontine does not die -Tontine is never sick These principles are honored as if they were holly. This is a source of strength that helps to cement the Grassfield society.
ARTICLE 339: Tontine is an association of people who have decided to meet periodically in the purpose to put together a given amount of money that shall be remitted on the spot to one of the participants. This take place in a circle, each participant receiving the sum of all moneys collected. The holder of the collection (session winner) has total freedom to use the money thus collected as he pleases. He is free to spend it as he wants.
ARTICLE 340: The tontine cycle end when all participants have received in turn the collected sum. That is the total amount collected by all at the end of one session. A cycle is defined by the number of participants. There will be as many sessions as there are participants. At the end of a cycle members may elect to continue the Tontine or to end it.
ARTICLE 341: When one of the members passes away before the end of his cycle, his heir will continue the Tontine as if he was alive.
Essence of Law Ancient Africa Bamileke ARTICLE 342: The Tontine is organized by age group. The age group concept was essential to the ancient civilization of Nho (Grassfields or Bamileke). It is through age group that citizens engaged in social life. This began at an early age. The Grassfield society stands on the bases of social stratas. Today Tontine still exist, however they are now established on the basis on social class.
ARTICLE 343: Members of a Tontine shall elect an office lead by a director. The president of the Tontine is the oldest member. Today the office is not anymore lead by the oldest member as a matter of rule. The system of value has changed. In the past the senior member by his sheer presence brought order and respect in the Tontine. Honesty was the golden rule.
ARTICLE 344: Mistakes made in the Tontine are sanctioned on the spot. Punishments however are reported to the next session.
ARTICLE 345: Mistakes are sanctioned by fine. The fine can be paid in cash or in a value of exchange.
ARTICLE 346: Fines will serve to entertain the members (to buy drinks and food) at the end of Tontines session.
ARTICLE 347: Here are the mistakes or faults that are always sanctioned: - Talking out of order (to run one mouth disrespectfully); - Being late; - Being rude; - Being disrespectful to elders; - Being absent; - Failing to pay your due on time.
ARTICLE 348: There is no excuse to those that cannot pay their due. He is in fault he who did not pay his due share; thus regardless of circumstances. Tontines rules are very extremes when it comes to a members share. There is no emergency of any sort that would forgive a failure to pay ones share. As the tontines motto goes: 1-Tontine is never sick 2-Tontine does not travel 3-Tontine does not die
COLLECTIVISM
ARTICLE 349: Each person must partake to the solution of a problem that threatens society as a whole. He must be part of the
solution. He must also be engaged when a member of society is in distress.
ARTICLE 350: Each social member is expected to bring his contribution to those works that benefit the society as a whole. He must also contribute in important works done by a member when the society as a whole will benefit from said work. Works of this sort could be some of the following: -Road building -Artisanal work -installing the walls in a house - Building a house or other buildings -Farm works -hunting
ART 351: People will meet a given day and begin work together. They will continue on until the job is done.
ARTICLE 352:
He that benefits from communal work has the charge and responsibility to feed the workers. He must feed them well.
ARTICLE 353: At the height of farming seasons (intense season for agricultural work) women organized to work together as a collective group of people. We should avoid restraining ourselves when it comes to systems of human organizations and collective works. We should not make the mistake to confuse collectivism as it exists in the kingdom of Nho (Grassfield) to communism. Collective work finds its base on the relations that existed between people that knew each other. There were blood links of close proximity. There was solidarity with each other. There was a notion of love and respect for each other. The notion of kinship, paternity and solidarity created within the group an understanding of common
interest. It emulated the idea of something that was of superior value, which is the notion of the group as a whole. Such a concept today extends the nation. One that has a past one that is against egoism. One that sees a common future for all. Work usually began very early in the morning. There was a break between 11am and 1 pm. It was lunch break. Workers ate, drink, and then resumed their work until late evening, around 6 pm. Collective works of these kinds were productive for women farmers that were full owners of their farms.
Essence of Law Ancient Africa Bamileke Prince Feyou de Farewell Speech (amongst guests). Angers, (1961) Joseph Happy
500 City of France
APPENDIX: ANCIENT EGYPT LAW WRITEN ON THE WALL
The Law known as Negative Confessions were written on the South Wall of the Tomb of Rameses III and VI (Valley of the Kings, Waat (Thebes or Luxor), Egypt. As we read them we can have an idea of what were the predominant laws in ancient Egypt empire before the Exodus and subsequent migrations going to all cardinals. An analysis of these Negations that could turned into their affirmative form easily gives us a rendition more familiar with our common understanding of the Law: that which should not be done. When our ancestors left the Valley of the Nile thousand years ago and dispersed within the African continent, these fundamental laws were enriched by the new realities that t5hey confronted. It would be fascinating to make a cumulative study of African laws from all lost kingdoms. Unfortunately they were lost as kingdoms were destroyed during slavery and colonialism or as a result of internal wars. These Bamileke Law that the enlighten prince Joseph Feyou de Happy managed to save for posterity, gives to African worldwide a general idea of African civilization before slavery and colonialism, The diaspora can now reconnect with the past to enrich human civilization with even greater refinement. Thus arrives to an optimal Law for humankind.
Here are the Negations from ancient Egypt as they existed before the Bible as we know it today was written. The negative form was adopted here because these were uttered by the deceased after death:
I have not done inequity. I have not committed robbery with violence. I have not done violence to man I have not committed theft I have not slain man or woman I have not made light the bushel. I have not acted deceitfully. I have not purloined the things which belonged to God. I have not uttered falsehood. I have not carried away food. I have not uttered evil words. I have not attacked man I have not killed the beasts which are the property of the Gods. I have not eaten my hearti.e, done anything to my regret. I have not laid waste ploughed land. I have not pried into matters I have not set my mouth against man. I have not given way to anger concerning myself without cause. I have not defile the wife of a man. I have not committed transgression against any party. I have not violated sacred time and seasons. I have not struck fear into any man. I have not been a man of anger. I have not made myself deaf to words of right and truth. I have not stirred up strife. I have not made no man weep. I have not committed acts of impurity or sodomy. I have not eaten my heart.
I have not abused no man
Reduction of African Law CE (current era) and pre-colonial times: 1-honor thy father and mother 2-honor thy elder 3-Do not steal 4-Do not kill 5- Do not abuse others an do pay your debts 6- Do not commit acts of impurity 7- Do not eat forbidden meats 8-Love each other 9- Control your temper 10-Honor marriage 11-Respect the laws of societies 12-Do not creates disorder, etc.1
For more details in African ancient law system see Essence Of Law (African pre-colonial law) by Joseph Feyou de Happy (1999)
1
IN MEMORIAM
350
HH Queen Sambou of Bamieleke (Bana - Fourth Queen of Great Noh ), mother of Prince Joseph Feyou de Happy (from a 1925 picture) d.1964
KING PTAH FU
Essence of Law
King PtahFu Happi 1925
King Ptah Fu Hapi of Nho (Bamileke), father and grandfather of the authors. The king departed in Paris in 1981 after a long sickness. The king was a man of peace. During his life he made everything that was possible for peace and the unity of Cameroon.
French-Bamileke Summit (1954)
Bamileke / French Summit (1954)
Centre: HH Happy Ptah Fu of Nho (Bana, Bamileke). On his right, Mr. Socadeaux, Highest official of France in Cameroon, Haut Commissaire Chevalier de la Lgion dhonneur. On the kings left, HH the Duke of Bafang. Upper right, in uniform, HH So (Grand Duke) Shulah, brother of king Happi. Top right, HH Famboue, royal ambassador to Bali. Surrounded with French and Camerounians top officials of the country and Bamileke Court at this period of history. King Ptahfu Happy (center) tried to secure a Peace treaty and avoid war.
XIXth century Knight Sword, kingdom of Noh (Bamileke)
THE SUMMIT The summit of 1954 marked an important moment in Camerouns history. It is here that was avoided an uprising that would have placed the country in a situation similar to the wars of ancient Congo. Between 1954 and 1971, King Ptah Fu Hapi and his sons, including the author of this work, Prince Joseph Feyou de Happy, risked their life in many occasions for the unity of Cameroun. The unity was finally reached in 1971. The artisans of said unity were Prince Joseph Feyou de Happy, Bishop Ndongmo of Nkongsamba, leader Ernest Ouandie of the UPC and Ahmadou Ahidjo, then president of the Republic of Cameroun as well as other great Cameroonians. I personally met some of these men. My father and mother brought me to some of these meetings and the president of Cameroun, HE Ahmadou Ahidjo and Bishop Ndongmo were guests in our residence. The king of course was my grandfather and was very close to me since he remembers vividly the fire that almost took my life in 1959. Whenever he saw me, he ordered me close to him and asked my parents: Was this the child that was saved from that fire?
AMF de H
King Nkalakeu of Bamileke (c.1924) wearing a ndop royal fabric, worn in the Roman style
Duke of Bafang, 1954
Ernest Ouandie (1969) Official National hero of Cameroon. Was the last leader of UPC (Cameroun's Popular or Democratical Union that fought for Cameroun's Freedom. He was a native of Bamileke kingdom and was primary school classmate with Prince Joseph Feyou de Happy. They worked together to end Bamileke genocide and secure the unity of Cameroun
Prince Youtah Jean Pierre, Bamileke kingdom (Bana), Lt-Colonel in Cameroons national army. Was military attach in Paris. Graduated from French military academy St-Cyr. Brother of Prince Joseph Feyou de Happy Picture taken when he was the commander of Cameroons first battalion (1960's). He was in the line to be UN commander when he died in tragic circumstances. A man of great character, he was respected by his peers and admired by all. His two sons were unjustly accused and condemned.
AUTHOR &TRANSLATOR
ABOUT THE AUTHOR
HH Joseph Feyou de Happy was born in Noh (Bana). He studied in Cameroon, France, Italy and Germany. He graduated in the sixties from Ecole des Hautes Etudes dOutre Mer, France with most of Africas first head of states. He did his internship at the Prefecture of Paris. Back in Cameroon he was Chief of staff at the National Assembly (mid 60s). He later became one of the first Prefects of Kribi. The region was then called Sanaga Maritime. Son of king Happi of Bana and high official in Camerouns first republic, he was in the position to
achieve what was then considered a mission impossible. Followed his new position as prefect of Mbamboutos. After three years of hard work, risking his life in many occasions, working at time with his brother (future king of Bana), then under-prefect in another department as well as with a network of friends and contacts in both quarters he Essence of Law Ancient Africa Bamileke 370 managed with Bishop Ndongmo and Ernest Ouandie to bring peace to Cameroun and to secure the final unity of the country. He never received full credit for his work, nor did he ever complained. He was always admired by his peers, friends and enemies, including all those that were involved in this important moment of Cameroons history. To have an idea of what he achieved one should consider that after over twenty years of wars and the death of many, the French government working with the first republic and despite the death of thousands of people could not secure peace in the Grassfields. Prince Joseph did it with diplomacy and the goodness of his heart. Prince Joseph knew a desert crossing period, that last couple of years. His family was affected for decades. He resumed his official activities as an executive with Cameroons Organization for Scientific and technical Research (ONAREST, then still ORSTOM or Overseas Office for Technical and Scientific Research). Meanwhile he had written the first dictionary of synonyms BamilekeFrench and began his research work on the origin of Bamileke, working at times with his friend Mr. Barbier from CNRS (French national center for Scientific Research). Mr. Barbier later published one of the first records of Banas classical music. This took place during the funerary celebration of Queen Sambou, mother of the author and grand-mother of the translator. Prince Joseph Feyou de Happy upon retirement was elected to Cameroon National Assembly under the banner of the UPC. He became Vice-president of Cameroon National Assembly and represented Cameroon at the head Essence of Law Ancient Africa Bamileke of states General Assembly at the United Nations in 1996. This was the occasion to see his American granddaughter and to share valuable time with his American family. He is
the proud grand father of French and Cameroonian grandchildren. Upon retirement he resumed his research work, notably the writing of the present book, here translated by his second son.
Alexis Maxime Feyou de Happy (translater) wearing his father last gift. Received in 1996 when Prince Joseph Feyou de Happy represented Cameroon at the United Nations Head of States Summit, NYC, USA.
Alexis studied in Cameroon and France. While a high school student, he created the Uhuru Art Society in Yaound, with Dave Moktoi, Martin Kume Tale and others. The Uhuru Art Society introduced American Blues to Cameroons audiences and was the only organization to commemorate Soweto in 1996. Alexis wrote his early Fairy tales in Cameroon in the seventies and many poems, including Consciousness Exposed (1974). He went back to Paris in 1978 for his baccalaureate
in Letters & Philosophy. He graduated in 1979 with the highest grade in philosophy ex aequo at Lycee Claude Monet, Paris. He then briefly studied the sciences of economy and archeology cumulatively at the Louvres and Tolbiac (Pantheon-Sorbonne). He co-created APFI-94 (Valde-Marne Association for communication between French and Immigrants), a short lived organization created with French university officers devoted to assist immigrants in France. During the same period he met Cameroons author Paul Dakeyo who introduced him to African Intellectuals. He assisted to the first meeting to create the organization that was later be known as SOS Racism. He was hired as Press attach for a French company. This was his first opportunity to come to America. In 1983 in Washington DC he deposited the Department of Patent & Copyrights, his first registered invention Suspensor system under an Application for Disclosure. In the document he had a sketch for computer printing as well as an helicopter device to save people from burning buildings. In 1984 he went to Cameroon and entered into a private partnership with his uncle Hapi Tina Gabriel, former head of Protocol of Cameroun. This was his second exposure to African Art, one that will change the course of his life as he found himself involved in African Art trading. He returned into writing and inventions few years later. After a difficult encounter, he lost a collection of one hundred invetions, possibly stolen. He is the author of many books, a collection of oil paintings and other inventions. in progress. As an African art dealer, he presented the first African art exhibition at the Southside Community Center in Chicago in 1987. His last French novel LOmbre de Meridor ou La Septieme Colonne, was recently published in New York. He lives in America since the eighties and is the proud father of two children.
PUBLISHED WORKS BY THE AUTHOR: JOSEPH FEYOU DE HAPPY
1974
Bana Bakassa Badomkassa et Batcha 2003.
2003
A paratre :
volume.
PUBLISHED WORKS BY THE TRANSLATOR: ALEXIS MAXIME FEYOU DE HAPPY
Conscience Ouverte (Posie) 1974 Ahmal/Alevei ou lAmante fatale (Pice de thtre) 1982 Dithy (Pice de Thtre) 2002 Fairy Tales From Propagamar (Contes en Anglais) 2006 Victus Libri (Art & Histoire) 2008 The wisdom of Liu Nang (Conte) 2008 Les Mezzotiniales (Posie) 2009 La Septime Colonne (roman) 2010 Bodanou, Le Petit Oiseau Rouge (Rcit) 2010 La Septime Colonne/Lombre de Mirador (Roman 2010)
SUGGESTED BIBLIOGRAPHY
- Une Civilisation Africaine : Les Bamilk, Paris, Prsence Africaine, 1953, Lecoq Raymond -Smiologie de la posie orale Bamilk, 1988, Albert tienne Temkeng, DEA Universit of Dschang, Cameroun, rf. Phd thesis Laval, University of Canada -Les Institutions politiques et sociales des populations dites Bamilk, R. Delaroziere, IFAN, 1950 -Bamileke Beadwork : royal Refferents, 1985, L. Kahan Gallery -Traditional Diplomacy, Nkwi, P. Nchaji, 1987, SOPECAM, University of Yaounde -Art of the Cameroon Grasslands : Splendor & Secrecy, NY Pace Gallery & Ancient Art, 1979, Tamara Northern
376 - La communication sociale chez les Bamilk et les Ewondos : essai danthropologie compare. Phd. Thesis University of Yaounde, Cameroun, 1985, Sop Nkamga Martin -La structure sociale des Bamilk, Hurault Jacques, Paris, M. et co., La Haye, 1962 -Cameroun, du protectorat vers la dmocratie : 1884-1992, B. Pierre Bouopda K, LHarmattan -Le systme des Tontines : les Institutions financires parallles des Bamilks (ESIJ) University of Yaound, Anne Youmbi,
1976 - Sens et porte des donations au clerg traditionnel Bamilk au regard des sources gypto nubiennes. DEA- University of Yaound, Jules B. Gankem, Histoire, -Saving Associations Among The Bamilekes : Traditional & Modern Cooperation in S.W Cameroun, Journal de la Socit des africanistes 41, no. 2, 1971 pp.189-201 -The Signification & Role of Royal Symbols on Grassfields Politics in Africa 3, S. Shohei W. & Paul K. Egushi. Pp. 265287 Osaka, national Museum 1984 -OK Cargo, la saga africaine dun pilote dhlicoptre, Max Bardet et Nina Tellier, 1988, Grasset
-Les rois sculpteurs : Art et Pouvoir dans le Grassland Cameroun, P. Harter, H. Marchal, L. Perrois, 1999 - Histoire du Cameroun : XIXs.- dbut du XXe sicle. M.Z. Njeuma, J.A. Mbembe et E. Nguematcha, 2000, Racines du Prsent -A Phonological study of Fe-Fe Bamileke. Larry M. Hyman, 1974 Les Contes et lgendes du Bamilke, Kamga martin, Tome II, 1857 -The Royal Art of Africa, the majesty of Form. S. Preston, Blier, 2003 -Fairy Tales From Propagamar, AMF de H, Booksurge 2006 -The Geometry and feature of Tone, K. Snider, 1999, University of Texas -Femmes Bamilk au Maquis : Cameroun (1955-1971) J-L. Ndongmo, 2008 -Les Bamilks, R. Lecoq, 1953 -Le Calendrier et la mesure du temps chez les gyptiens anciens et les Basaa du Cameroun, Ngo Nlend Laure, Universit de Yaound, Master thesis, History
-Polygamie et religion chrtienne chez les Bamilks de lOuest Cameroun, Universit des sciences humaines, Strasbourg, 1978, Fotso justin -Les Bamilks de louest Cameroun, Essai dtude historique des origines a 1920, Paris, Phd thesis, 1972, E. Ghomzi -La rpartition du patrimoine familiale et les successions en droit coutumier Bamilks, mmoire de licence en droit, universit de yaounde, 1976, Kenfack Emile -Les relations entre les propositions du Yogam. Phd thesis, 1978, Ngoueffo Noe -
i The Dukedom of Bana (former Nho) got his name from an ancient place known as Nho, No or Noh. The term Noh, in Bamileke nufi means royal dwelling or Holly place. Noh is also the ancient name of Thebes in ancient Egypt. Bromiley in The International Standard Bible Encyclopedia speaks of: No-Amon, the Egyptian capital of Thebes... (p.478-Bromiley, 1986). Various transcriptions of the name are found in the Bible and in other scholars works. In pre-colonial era the king was addressed as A'Moh! or Moh. Literally Moh means fire: sun fire, luminescence, radiation, majesty as that of the sun. Other reference to the sun in Bamileke theology is the word Tunam which literally means : head of the sun or crowning sun. The concept Tunam in Bamileke theology is considered esoteric. It is part of Bamileke secret society hermetic
scholarship. Seldom spoke in public and always with great reverence. Noh as royal dwelling kept its importance to this day. The name Bana finds its etymology in: Ba (from) and Nho [Nho, No, Noh] as aforementioned. Transliterated Na. Otherwise: Nho=Na. This gives: Bana; today district of Bana in the department of Haut-Kam, Western Cameroon. The kingdom of Noh was divided in the 60s. A presidential decree effectively restricted the kingdom to its present day borders. That is within the limits of the ancient capital. The people of Nho and all Bamilekes arrived in the Grassfield of Cameroon between the 9th and 15th centuries. Their oral history recounts an exodus that extended over three thousand years (3000 BP Before Present). Within couple hundred years they conquered the entire Grasslands when they did not established an alliance and diversified. Until the beginning of the 19th centuries they
were disparate dukedoms, sharing the same culture. An attempt to build an empire began. Indeed, king ii When he was nine month old, the translator was saved from a burning building in 1959, by Capitaine the family dog. He later learnt the terrible circumstances that took the life of their favorite dog. The terror imposed by the neo-colonial law of silence was so great that he was learn about great tragedy only as a grown man. In 1970 with his mother he was saved in extremis from one of the burning as they crossed a village under attack. The traumatism is unspeakable. Various internet sites (key word Bamileke genocide) and books today mentioned this terrible moment of human history. Ok Cargo (see Bibliography) Femmes du maquis (see bibliography)

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ESSENCE OF LAW

Essence of Law Ancient Africa Bamileke

Essence of Law Ancient Africa Bamileke

ESSENCE OF LAW (Original title) Lesprit des Lois

Royal Democracy & The legal system In Ancient Africa-Bamileke

Essence of Law Ancient Africa Bamileke

Essence of Law Ancient Africa Bamileke

HISTORY 17 BANA: GREAT NOH 21 INTRODUCTION 31 FOREWORD 33 FRENCH PUBLISHERS NOTE 45

PART 1 Articles covering social framework from birth to adulthood

Essence of Law Ancient Africa Bamileke

Separation & Reconciliation 133 Wedding Agreement 139

PART 3 Articles covering civilization with an accent on family 15

PART 4 Articles covering social framework

SOCIETY & BELIEF 209 CRIME & PUNISHMENT

Essence of Law Ancient Africa Bamileke

Essence of Law Ancient Africa Bamileke

BANA (GREAT NOH) BRIEF HISTORY

Essence of Law Ancient Africa Bamileke

Essence of Law Ancient Africa Bamileke

Essence of Law Ancient Africa Bamileke

About The Picture

Magistrate (District Attorney) Jean Fotso,

Essence of Law 18th-19th c. Bamileke 37

Joseph Feyou de Happy

Essence of Law 18th-19th c. Bamileke 45

FRENCH PUBLISHERS FOREWORD

Essence of Law Ancient Africa Bamileke

BOOK ONE PEOPLE

Essence of Law Ancient Africa Bamileke

Essence of Law Ancient Africa Bamileke

NAME-POWER & FAMILY

Essence of Law Ancient Africa Bamileke

Observation: There are no orphans in a civilized society.

Essence of Law Ancient Africa Bamileke

that they represent to society.

RULES AND CONDITIONS FOR MARRIAGE

as an agreement between the families, not the children.

Essence of Law Ancient Africa Bamileke 103

Essence of Law Ancient Africa Bamileke 105

PRE-REQUISITE FOR MARRIAGE: FORMALITIES

Essence of Law 18th-19th c. Bamileke 106

LEGAL REQUIREMENTS FOR MARRIAGE

Essence of Law Ancient Africa Bamileke 108

Essence of Law Ancient Africa Bamileke

Essence of Law Ancient Africa Bamileke 115

EssenceEssence of Law Ancient Africa Bamileke

Essence of Law Ancient Africa Bamileke 120

Essence of Law Ancient Africa Bamileke

Essence of Law Ancient Africa Bamileke 123

Essence of Law Ancient Africa Bamileke 124

Essence of Law Ancient Africa Bamileke

ARTICLE 62: The court may not statute to annul a marriage.

Essence of Law Ancient Africa Bamileke

TIES LINKED TO MARRIAGE

ARTICLE 71: It is the duty of the woman to feed her family.

Essence of Law Ancient Africa Bamileke 133

SEPARATION AND RECONCILIATION

Essence of Law Ancient Africa Bamileke

Essence of Law Ancient Africa Bamileke 135

Essence of Law Ancient Africa Bamileke 136

Essence of Law Ancient Africa Bamileke 137

Essence of Law Ancient Africa Bamileke 138

Essence of Law Ancient Africa Bamileke 139

Essence of Law Ancient Africa Bamileke 141