The power of these assessors is limited, however, for though it is left to their discretion whether their fellow-citizens are worthy of punishment or not, yet the total punishment they can inflict is limited to a certain number of years of imprisonment. In old times this sort of minor judge was not appointed in Monomotapa unless he could prove that he kept dogs in great numbers for the purposes of hunting, and at least three horses. But this foolish prejudice has broken down in the progress of modern enlightenment, and, as I have said, the test is now extended to a general consideration of clothes, the size of the house inhabited, and the amount of leisure enjoyed, the type of tobacco smoked, and other equally reasonable indications of judicial capacity.
The men thus chosen to consider the actions of their fellow-citizens in courts of law are rewarded in two ways: the first small body who are the more powerful magistrates are given a hundred times the income of an ordinary citizen, for it is claimed that in this way not only are the best men for the purpose obtained, but, further, so large a salary makes all temptation to bribery impossible and secures a strict impartiality between rich and poor.
The lesser judges, on the other hand, are paid nothing, for it is wisely pointed out that a man who is paid nothing and who volunteers his services to the State will not be the kind of a man who would take a bribe or who would consider social differences in his judgments.
It is further pointed out by the Monomotapans (I think very reasonably) that the kind of man who will give his services for nothing, even in the arduous work of imprisoning his fellow-citizens, will probably be the best man for the job, and does not need to be allured to it by the promise of a great salary. In this way they obtain both kinds of judges, and, oddly enough, each kind speaks, acts, and lives much as does the other.
I must next describe the methods by which this interesting and sensible people secure the ends of their criminal system.
When one of their magistrates has come to the conclusion that on the whole he will have a fellow-citizen imprisoned, that person is handed over to the guardianship of certain officials, whose business it is to see that the man does not die during the period for which he is entrusted to them. When some one of the numerous forms of torture which they are permitted to use has the effect of causing death, the official responsible is reprimanded and may even be dismissed. The object indeed of the whole system is to reform and amend the criminal. He is therefore forbidden to speak or to communicate in any way with human beings, and is segregated in a very small room devoid of all ornament, with the exception of one hour a day, during which he is compelled to walk round and round a deep, walled courtyard designed for the purpose of such an exercise. If (as is often the case) after some years of this treatment the criminal shows no signs of mental or moral improvement, he is released; and if he is a man of property, lives unmolested on what he has, and that usually in a quiet and retired way. But if he is devoid of property, the problem is indeed a difficult one, for it is the business of the police to forbid him to work, and they are rewarded if he is found committing any act which the judges or the magistrates are likely to disapprove. In this way even those who have failed to effect reform in their characters during their first term of imprisonment are commonly—if they are poor—re-incarcerated within a short time, so that the system works precisely as it was intended to, giving the maximum amount of reformation to the worst and the hardest characters. I should add that the Monomotapan character is such that in proportion to wealth a man's virtues increase, and it is remarkable that nearly all those who suffer the species of imprisonment I have described are of the poorer classes of society.
Though they are so reasonable, and indeed afford so excellent a model to ourselves in most of their social relations, the people of Monomotapa have, I confess, certain customs which I have never clearly understood, and which my increasing study of them fails to explain to me.
Thus, in matters which, with us, are thought susceptible of positive proof (such as the taste and quality of cooking, or the mental abilities of a fellow-citizen) the Monomotapans establish their judgment in a transcendental or super-rational manner. The cooking in a restaurant or hotel is with them excellent in proportion, not to the taste of the viands subjected to it, but to the rental of the premises. And when a man desires the most delicious food he does not consider where he has tasted such food in the past, but rather the situation and probable rateable value of the eating-house which will provide him with it. Nay, he is willing—if he understands that that rateable value is high—to pay far more for the same article than he would in a humbler hostelry.
The same super-rational method, as I have called it, applies to the Monomotapan judgment of political ability; for here it is not what a man has said or written, nor whether he has proved himself capable of foreseeing certain events of moment to the State, it is not these characters that determine his political career, but a mixture of other indices, one of which is that his brothers shall be younger than himself, another that when he speaks he shall strike the palm of his open left hand with his clenched right hand in a particular manner by no means commonly or easily acquired; another that he shall not wear at one and the same time a coat which is bifurcated and a hat of hemispherical outline; another that he shall keep silence upon certain types of foreigners who frequent the markets of Monomotapa, and shall even pretend that they are not foreigners but Monomotapans; and this index of statesmanship he must preserve under all circumstances, even when the foreigners in question cannot speak the Monomotapan language.
Some years ago it was required of every statesman that he should, for at least so many times in any one year, extravagantly praise the virtues of these foreign merchants, and particularly allude to their intensely unforeign character; but this custom has recently fallen into abeyance, and silence upon the subject is the most that is demanded.