The source of the Blue Nile : $b a record of a journey through the Soudan to Lake Tsana in western Abyssinia, and of the return to Egypt by the valley of the Atbara, with a note on the religion, customs, etc. of AbyssiniaHayes, Arthur J.
Religion
The source of the Blue Nile : $b a record of a journey through the Soudan to Lake Tsana in western Abyssinia, and of the return to Egypt by the valley of the Atbara, with a note on the religion, customs, etc. of Abyssinia
Hayes, Arthur J.
Ethiopia -- Description and travel; Ethiopia -- Religion; Sudan -- Description and travel
All Abyssinian litigants are required to find security. “These
securities must be persons whom the judge is certain of being
able to seize if necessary. If the charge be serious they must
be persons of property, and are liable both for the appearance of
their principals, and for the sentence whatever that may be. This
custom obtains both in civil and criminal law. In default of such
security, each party is chained by the wrist; an additional expense,
as the chains must be hired, and the jailor—that is, the person
to whom he is chained, paid a sum fixed by law. This bail is the
prop of Abyssinian society; no commercial or market transfer takes
place without it. The Abyssinian judge or creditor cares nothing for
the principal in a cause; the bail is seized, and in self-defence
produces his man; and it is an honourable trait that the principal
rarely absconds. A friend will thus become security in a case of
murder, though rendering himself thereby liable to suffer death,
or to pay the price of blood, to them a fortune.
“After both parties have given security the plaintiff only is
allowed to produce his witnesses; the defendant can, when they are
called by name, admit or reject their evidence, in almost every case
great indulgence being shown in this respect. . . . In small affairs,
such as a sudden dispute on the high road, the meeting of an absconded
debtor, or any civil matter, the first decent person to be found is
obliged to act as a temporary judge, if adjured by the ‘death of the
chief’ paramount. He must then place the accused in bonds, which is
done by tying his cloth (_shama_) to that of his accuser, and escort
or send them to the nearest magistrate, who, should the accused demand
it, must in like manner forward him to his immediate master or chief,
where the case is first heard, the plaintiff having right of appeal;
the law in this being, however, highly favourable to the defendant,
the plaintiff not being always disposed for a long journey.”[217]
Every man is his own advocate. Those who wish to read an account of
the proceedings “in court” should refer to “Modern Abyssinia,”
p. 308, or “Wanderings among the Falashas,” pp. 48, 170. The
hearing usually gives occasion for a good deal of eloquence and a
great deal of lying.
Public-domain text, read in full here on John Shaqi.
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