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
These extracts will show that Morocco is not now without some rule for
the present, and some respectable vestiges of the past. There are other
functionaries of the city, whose origin ascends to an earlier period
than the Mussulman times. They are public notaries, called Edules;
no doubt the Roman edile. Before them sales are effected, and deeds
executed.
The present practice I shall give as I have been able to collect it.
The initiatory steps are by documents drawn up by _Edules_--these have
the conjoint characters of petition, affidavit, and verdict (in the
old sense). The Plaintiff’s case is stated--he signs it. His witnesses
then sign, if they agree with his statement of facts, or state in what
they differ. Then follow signatures as vouching for the Plaintiff or
Defendant, as the case may be, the witnesses, or the other signees.
This act is then verified by the Edules, as to the genuineness of the
signatures. Furnished with this document, the petitioner proceeds
to the judge, the governor, or the Sultan. He is met by a counter
document. The Judge, after perusing these, proceeds to try the case
by oral testimony, and without intervention of legal practitioners.
The document is called _El Bra_, which is very near, _Brief_.[230]
This is evidently the origin of the Spanish mode of procedure by
_Escribanos_. Among the Spaniards the oral proceedings are suppressed,
and those which are the preliminary steps only in the Moorish courts,
constitute the whole proceeding. The Edules have become agents to the
parties, as well as public notaries; so that the case of each party is
placed in the hands of the agents of the other. Thus, notwithstanding
excellent laws, the Spanish Courts have been converted into labyrinths
of intrigue. The Moorish system, which exhibits the origin of the
Spanish aberrations, still retains the celerity of oral proceedings,
with the advantage of record, and combines the responsibility of a
Judge with the uses of a Jury. In fact, it differs little from the
ancient institution of the Jury in Britain, which gave their verdict
on the common repute of the parties, and not on the facts of the case;
though it does not leave to them the faculty either of condemnation
or expurgation. I look, of course, to the system, as what it would be
if duly executed; and it was, no doubt, the foundation of that prompt
justice which characterised the Mussulman government in Spain, and made
Algiers a model for quick, _gratuitous_, and impartial adjudication,
until its capture by the French.
Public-domain text, read in full here on John Shaqi.
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