JB_024_337.xml

Title: [1822 Sept. 22 Tripoli. Securities against]

Description: 1822 Sept. 22 Tripoli. Securities against Misrule 3. Disappearance

At the request of any person so applying /On the occasion of any such

application/ the Judge shall immediately deliver to him or suffer him to take or

to cause to be taken a copy thereof signed by the said Judge: copies in any

number being taken of such copy, the Judge shall without delay cause examination

thereof to be made, and as soon as they have respectively been found or made

correct shall in like manner authenticate them by his signature, to the end that

by the applicant transmission thereof be made to all such judicatories and

Mosques as the applicant shall be desirous of sending them to: whereupon

immediately upon the receipt of each such copy, the Iman of the Mosque shall

make publication thereof by reading the contents to the faithful in full

congregation assembled:

In every judicatory in the office of which any such copy shall have /has/ been

received, the presiding Judge shall cause it to be kept in the archives, and

having first made notification thereof in the promptest and at the same time in

the most public manner that the circumstances of time and place admitt of.

Attached to such record of disappearance shall be an invitation to all persons

having knowledge of any facts, tending to a /the/ discovery of the authors of

the injury or to the causing it to cease, if the party be alive to the causing

it to cease, to repair to any judicatory or to any Mosque at their choice, there

to testify what they know: which done it shall be incumbent upon the President

of the Judicatory or the Iman of the Mosque shall upon their responsibility use

such means as their situation admitts of to the forwarding to the proper

Judicatory the information so obtained.

JB_024_342.xml

Title: [1822 Septr. 24 Tripoli. Securities against]

Description: 1822 Septr. 24 Tripoli. Securities against Misrule II. Details II. for

Individuals ?.10. IX. Depredation Official

?.11. X. Security against Official depredation

Official depredation may have place at the expence of an individual, or at the

expence of government: that is to say at the expence of the whole community at

whose expence the money employed in the service of government is collected

Official depredation at the expence of government belongs not to this purpose.

Official depredation is where as /has place in so far as/ any public functionary

avails himself of the power or infulence possessed by him by means of his office

to obtain from any person money, money's worth or beneficial service in any

shape, not having a right thereto by law.

The instrument whereby /wherewith/ this offence /misdeed/ is committed may be

either force, intimidation or deceit

Intimidation may be exercised by producing either the fear of some eventual

positive evil, or by the fear of failing to obtain the matter of good which the

functionary had the right to prevent the individual from receiving.

Injunction of secrecy is evidence of official depredation

If on the occasion of the valuable thing or service received intimation is by

the functionary conveyed to the individual that it is the wish of the

functionary that the transaction should be kept concealed from any body

/person/, such declared wish affords a presumption of official depredation: and

such presumption if the fact of the having given intimation of such a wish is

credited shall be regarded conclusive.

JB_024_106.xml

Title: [1822 Sept. 26 Tripoli. Securities]

Description: 1822 Sept. 26

Tripoli. Securities against Misrule.

Preliminary Explanations

?.13. Slaves - how affected

On this occasion one consideration of an all comprehensive nature presents itself to a first view /glance/, and [...?] a multitude of details. This is - that by no /scarcely by any/ oppression /vexation/ at the hands of the Sovereign can a slave be put in /into/ a worse condition than he is in already under his master: an injury not affecting /applying/ life or capacity for labour will not in this case be regarded as presenting a claim to notice /an evil worth providing against/: and in the case /if so it be that/ the injury takes either of these shapes the master will be regarded as the object of it, and so far as the property of the master when in this shape obtains protection, /it will extend itself to/ the person of the slave will share in it. Of The two potentates in the power of both of whom the slave is placed at the same time, namely his Master and the Sovereign, the one at whose hands he is beyond all comparison most exposed to vexation in all its shapes is the Master: to the Sovereign scarcely in any case be either a source of depredation or an object of resentment and thence of oppression. But supposing him by any accident thus unfortunate, an injury to the slave is in so far as it comes home to the master an injury to the master; and whatsoever be the security afforded to the master for his property in this shape, the /person of the/ slave in respect of his person will have the benefit of it.