date

1822 Oct¼r. 3¼d. Tripoli. Account
1822 Oct¼r. 3¼d.

Tripoli. Account of

?.5. Religious Establishment.

Notaries

Attached to every Mosque are moreover two Notaries. Such, in the language of Rome©bred law, is the appellation in the compass of a single word, by which a general conception of their functions may be best conveyed. In the language of English law they may be termed Conveyancers: it being understood that in those same functions as in those of the French ”Notaire•, is included the conveyancing that part of the business of an /the/ English sort of professional lawyer, who used to be called an Attorney, but who, /that name having been so much worn by obloquy, has tried to make its escape out of it, and/ within these few years, having worn out that name, is affronted if spoken of or to out of Court or Office by any other name than Solicitor.

Of these official persons, the function consists in drawing up the several written instruments, private as well as public, to which such a degree of importance is attached as causes them to be committed to writing.

In particular, conveyances and contracts having for their subject matter property or condition in life.

Another service in which their skill is occasionally employed, is that of drawing up what, in the language of the French Edition of Rome©bred law, is stiled a ”praces©verbal•. For preventing the deperition of a lot of evidence that may eventually become necessary on the occasion of a suit not yet in existence, or not yet ripe for the receipt of Evidence, provision for instance is made by the Ministry of these functionaries. Witnesses are in this way examined ”in perpetuam nei memoriam•: and, how incredible soever it may appear to Lord Eldon, without the benefit /assistance/ of a suit in Chancery, or that side of the Court of Exchequer which calls its proceedings Equity.
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  • Title: [1822. Oct¼r. 3¼d. Tripoli. Account]
    Description: 1822. Oct¼r. 3¼d.

    Tripoli. Account of

    ?.5. Religious Establishment

    Q. Any gradation of rank among the Imans?

    ?.5. Religious Establishment.

    Of the Chief of the Religious Establishment, the official name is¼+

    The personal name of the functionary now in Office is á³á á³á

    In Tripoli as in every other country in which the established religion is Mahometanism, the Edifices in which religious service is performed are called Mosques /Jami/. Number of Mosques in the whole territory, Fezzan included,about 3,000. The several districts in each of which a Mosque is situated may be considered as so many Sub districts, with reference to the several districts belonging to the respective Judicatories.

    Of the whole territory of the State there is not any part that is not included in the field of authority belonging to some Mosque, and thereby belonging to some Judicatory. In the language of Christian Religion and English Law there are therefore no Extra©parochial places. With as much etymological propriety as in the case of a Christian Church, the field of authority of a Mosque may be stiled a Parish.

    Attached to each Mosque is a Minister of Religious Worship: one and no more. His official name is Iman¼.¼+¼+

    Under the Iman are certain functionaries who are known by several names: viz. 1. Mazeen. 2 Monwakit. 3. Mouathen: 4 Kaim: 5. Mosammen and between twenty and thirty others

    In the absence of the Iman, the eldest of these Assistants takes his place.

    Names by which the field of the authority of the Iman is designated © or as we say the Parish © are 1. Homa. 2. Hara.

    They are chosen by the Parishioners.

    These Electors choose one another: i.e. each vacancy is filled up by those who are already in office.

    The Iman is elected by the Parishioners as above: and must be confirmed by the Cadi he belongs to. But in the case of an alledged improper Election, Appeal goes to the Cadi of the Capital.

    ¼+¼ Quere what?

    ¼+¼+ Q. what substitutes in case of sickness etc. his several functions.
  • Title: [1822 Oct. 30 Tripoli Account of]
    Description: 1822 Oct. 30

    Tripoli Account of

    ?. Religious Establishment

    Notaries.

    Punishment of a Notary convicted of malexecution[?] in his Office. The beard is compleatly shaved he is mounted on an Ass his head to to the Ass's tail and for three days together is conducted all round the town, and in the Bazars and other public places

    Of a Notary the Official name is Adil or say Adala.

    A man can not be omitted a Notary without a certificate in favour of his aptitude signed by at least 40 individuals householders in his parish.

    For every business that requires the intervention of a Notary, there must be two Notaries. This is the law under the most recent name of the 4 most accredited codes The use is to afford the better rampart against despotism. No Sovereign dares maltreat a Notary for any thing done in the exercise of his Office

    A man who regards himself injured in any of his rights by the oppression of the reigning Sovereign, may make his appearance before two Notaries and tell his story. The Notaries by their signatures attest his signature. Furnished with this document he keeps it till the death or departure of the Sovereign affords him a chance of relief.

    On the occasion of these depositions the Notaries have fees, the are not fixed

    A man who gets together two Notaries to make a complaint may have the door closed or open and the audience public at his choice
  • Title: [[lxxxiv. 55] 1821 Dec. 3. Codification]
    Description: [lxxxiv. 55]

    1821 Dec. 3.

    Codification Proposal

    penulte

    ?.5 Draughtsman Single

    Lawyers interest begotten prejudices

    Thus much /Avove/ as to form. Now as to matter Undisguised and machless atrocity is the characteristic of Rome©bred law: insincerity, imposture and fraud that of English©bred law.

    On the penal branch of the field, Rome©bred law opens a class of offences divided into Lese©Majesty divine and Lese©Majesty human. To neither class of acts in any code that had for its object the greatest happiness of the greatest number would any punishment in any shape be attached: to neither is punishment in any shape attached in the Anglo©American United States. and by the governments by which Rome bred law is employed punishment in its most excruciating forms has been attached to both classes

    Lawyers fiction is falshood © wilful falshood applied to the purpose of usurpation: to the prejudice of some interest or other it is in any case a fraud.

    In their application to the Constitutional branch of law the fictions of English lawyers have not been altogether without excuse: in their application to the adjective branch of law © to the law of judicial procedure, their object has been purely [...?]: and so in their application to the civil branch of the law. Applied to procedure fictions have been the instruments employed by the several judicatories in stealing business that is to say in stealing money from one another In one case fiction has been productive of this cluster of effects in frustrating the known design of legislators law: in cheating out of their estates the individuals entitled under that law; and in giving themselves and their retainers [?] a share in the profits of conveyancing at the expence of the professors of that branch of law. They took /[...?...?]/ away mens estates in pretence of adequate compensation. Knowing him to have no /be without/ property they set up a creature [?] of their own on whom they pretended to impose the obligation of making such compensation.

    Under such a system if virtue and vice had for their measure the quantity of good and evil of pleasure and pain respectively produced or worked by them, it would be a question, whether the most virtuous of the men by who whom punishment has been received [?] at such hands have come up /reached [?]/ in the scale of vice to the altitude of the least virtuous of those by whom they have been punished