Page:Folk-lore - A Quarterly Review. Volume 28, 1917.djvu/71

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Serbian Habits and Customs. 39

Middle Age was more strongly felt, the Kneziiia took the place of the tribes — almost self-administrative entities ruling — which have nearly the same organisation as the tribes. In the tribes, as well as in the Kne.'^ina, Knezovi (the hereditary chiefs), the national Serbs {Kncz, bas- k}iez, obor-kuez) govern. They do not differ from the people in any way, either in clothing or in their way of living. They govern in common agreement with the people, according to the old social traditions and customs. This is how the ancient social habits were revived.

It is from the period of the conquest of the Serbian State that the disappearance of the Serbian written laws dates. The ancient legal customs took their place and played a great part, one which consisted in settling the disputes between the Kneziua. The boundaries between the different Kneziiia were badh' dehned. The cattle of one feeding on the ground of the other was often the cause of conflict. These quarrels were treated by the customary laws. The pleaders gave full power to the tribunal of venerable old men, who settled the matter to the best of their power. If settlement was not possible, it was agreed to have an open fight between the two Knezina, the winner reserving to himself the right of making the law. In the same way discords between the villages of the same Kuezina were settled. Homicides were judged by chosen arbitrators or by venerable old men who spontaneously declared themselves ready to be arbitrators. If, in a village, there was a criminal he was expelled or put to death by the inhabitants. If someone committed damage, a counsel elected by the villagers estimated the damage and the guilt}^ one had to pay or compensate the losers. When a criminal remained undetected all the villagers assembled, each one of them mutually guaranteeing that he was not guilty. The individual who could not find a guarantee was unanimously declared guilty. If the guilty persisted in denying his crime he was submitted to the