The pillars of Hercules : $b or, A narrative of travels in Spain and Morocco in 1848; vol. 1Urquhart, David
History
The pillars of Hercules : $b or, A narrative of travels in Spain and Morocco in 1848; vol. 1
Urquhart, David
Morocco -- Description and travel; Spain -- Description and travel
“Here’s no intriguing the plea with resolutions, cases, precedents,
reports, moth-eaten statutes, &c.; but everything is determined
according to the fresh circumstances of the fact, and the proof of
which is alleged. The testimony of two men, if they are of known
sobriety, is sufficient to make good the allegation, but there must be
_twelve_ to ratify it, if their conversation be suspected.
“In taking the testimony of a Moor upon oath, the servant of the
Alcaldee carries the deponent to the Giamma or Mosch, where, in the
presence of the Alcaldee, he swears by that holy place that he will
declare all that he knows concerning the matter to which he is to give
evidence; but oaths are never administered to any in another man’s case
but such as are suspected persons, and they are usually numbered among
the rogues and faithless, who have no credit without them. Besides, it
is never permitted for a man to swear in his own case but for want of
witnesses, or when the accusation is of that nature that the impeached
cannot otherwise receive purgation: as for the Christian and Jew, they
are suffered to give testimony according to the rites and customs of
their own religions, but the Moors are not forward to put them upon
this trial, as doubting that fear of punishment should tempt them
to perjury; and those who are thereunto accessory (according to the
Moresco principle), are involved in the guilt.
“In pleas of debt it is required that the reality of the debt be
first manifest, which being done before the Alcaldee, he signifies
it to the Almocadem of the cavila where the debtor lives, who, upon
his signification, commands a present payment to be made; but if the
debtor refuse, or be unable, to give the creditor satisfaction, the
Almocadem remits him to the alhabs or prison, which is always near the
Almocadem’s house, where he stays till bailed thence by sufficient
sureties, or personally pays the debt.”
The following on the same subject is from the ponderous records of the
Franciscan Friars:--
“It is customary for all the chief priests and doctors of law to
assemble with the other great people of the town, and for the Mufti or
Cadi to read aloud to the Emperor a short recapitulation of some of
the laws of the Koran, which direct that he shall preserve the empire,
administer speedy justice, protect the innocent, destroy the wicked;
and so far from countenancing and keeping near his sacred person any
adulterer, that he shall punish adultery, prevent the exportation of
corn and provisions to the prejudice of the people, tax provisions
according to their plenty or scarcity, and forbid usury to be exercised
towards the poor, which is an abomination before God. He is told that
if he breaks these articles, he shall be punished as he ought to
punish others.”
Public-domain text, read in full here on John Shaqi.
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