Travels In The Interior Of Africa - Volume 1 of 2 - By Mungo Park













 -   These courts are composed of the elders
of the town (of free condition), and are termed palavers; and their
proceedings - Page 9
Travels In The Interior Of Africa - Volume 1 of 2 - By Mungo Park - Page 9 of 88 - First - Home

Enter page number    Previous Next

Number of Words to Display Per Page: 250 500 1000

These Courts Are Composed Of The Elders Of The Town (Of Free Condition), And Are Termed Palavers; And Their Proceedings

Are conducted in the open air with sufficient solemnity. Both sides of a question are freely canvassed, witnesses are publicly

Examined, and the decisions which follow generally meet with the approbation of the surrounding audience.

As the negroes have no written language of their own, the general rule of decision is an appeal to ANCIENT CUSTOM; but since the system of Mohammed has made so great progress among them, the converts to that faith have gradually introduced, with the religious tenets, many of the civil institutions of the prophet; and where the Koran is not found sufficiently explicit, recourse is had to a commentary called Al Sharra, containing, as I was told, a complete exposition or digest of the Mohammedan laws, both civil and criminal, properly arranged and illustrated.

This frequency of appeal to written laws, with which the pagan natives are necessarily unacquainted, has given rise in their palavers to (what I little expected to find in Africa) professional advocates, or expounders of the law, who are allowed to appear and to plead for plaintiff or defendant, much in the same manner as counsel in the law-courts of Great Britain. They are Mohammedan negroes, who have made, or affect to have made, the laws of the prophet their peculiar study; and if I may judge from their harangues, which I frequently attended, I believe, that in the forensic qualifications of procrastination and cavil, and the arts of confounding and perplexing a cause, they are not always surpassed by the ablest pleaders in Europe. While I was at Pisania, a cause was heard which furnished the Mohammedan lawyers with an admirable opportunity of displaying their professional dexterity. The case was this:- An ass belonging to a Serawoolli negro (a native of an interior country near the river Senegal) had broke into a field of corn belonging to one of the Mandingo inhabitants, and destroyed great part of it. The Mandingo having caught the animal in his field, immediately drew his knife and cut his throat. The Serawoolli thereupon called a palaver (or in European terms, brought an action) to recover damages for the loss of his beast, on which he set a high value. The defendant confessed he had killed the ass, but pleaded a SET-OFF, insisting that the loss he had sustained by the ravage in his corn was equal to the sum demanded for the animal. To ascertain this fact was the point at issue, and the learned advocates contrived to puzzle the cause in such a manner that, after a hearing of three days, the court broke up without coming to any determination upon it; and a second palaver was, I suppose, thought necessary.

The Mandingoes, generally speaking, are of a mild, sociable, and obliging disposition. The men are commonly above the middle size, well-shaped, strong, and capable of enduring great labour. The women are good-natured, sprightly, and agreeable.

Enter page number   Previous Next
Page 9 of 88
Words from 4118 to 4623 of 45803


Previous 9 10 11 12 13 14 15 16 17 18 Next

More links: First 10 20 30 40 50 60 70 80 Last

Display Words Per Page: 250 500 1000

 
Africa (29)
Asia (27)
Europe (59)
North America (58)
Oceania (24)
South America (8)
 

List of Travel Books RSS Feeds

Africa Travel Books RSS Feed

Asia Travel Books RSS Feed

Europe Travel Books RSS Feed

North America Travel Books RSS Feed

Oceania Travel Books RSS Feed

South America Travel Books RSS Feed

Copyright © 2005 - 2022 Travel Books Online