272 An account of Upper and Lower SuwdL [No. S, 



the same materials as the walls. They rarely last more than a few 

 years ; but this is of little consequence when they have to vacate 

 them about once every three or four. The mosques, and houses of 

 the Hindus, are built of stone in a substantial manner ; but those of 

 the Afghans are all alike. The residence of Mir JEalain Khan of 

 Tarmah, and that of the Chiefs of Allah-ddandd, were similar to the 

 house I occupied near you, whilst at Peshawar in 1849, but that had 

 white-wash, and theirs had not. 



Some peculiar customs are observed in Suwat, which appear to be 

 very ancient. 



In all suits and disputes, contrary to the SJiarce or orthodox law 

 of Muhammad, which is observed by all tribes of Afghans, as well 

 as other Musalmans, in Suwat the plaintiff, instead of the defendant, 

 is put on his oath, as in English courts of justice. 



"When a person may have had anything stolen from him, he calls 

 upon the person or persons whom he may suspect, to give him a 

 saced* that is to say, as they understand the word, to produce a 

 respectable person who knows him (the suspected party) and get 

 him to swear that he (the defendant) has not stolen the property 

 in question. If the suspected party can produce a saced who swears 

 to the above effect, he is considered innocent ; but if a saced, so pro- 

 duced, will not take the required oath in favour of the suspected 

 thief, he is considered guilty, and has to make good the property 

 stolen. These two customs have been handed down from the time 

 of Shaykh Mali. 



Another curious custom, and a very good one for such a primitive 

 state of society, is, that when two Khans or Maliks chance to fall 

 out, or have any dispute, the people expel both parties from the 

 place. The two disputants are then termed sharruni or, the Driven 

 Out, or Expelled, from the Pushto verb sharral, to drive away, &c. ; 

 and in this state they are compelled to seek shelter in other villages, 

 and are obliged to live on the charity of those who will take them 

 in ; for they lose all civil rights on such occasions, and have no 

 claim to wife, or children, dwelling, cattle, horses, or anything what- 

 soever. Some continue in this helpless state until they can come to 

 an accommodation or reconciliation, which, often, does not take place 

 for years. In Upper Suwat they are even more severe than this ; 

 * Arabic for, felicity. [Compare the compurgation of the Anglosaxons.— Eds.-} 



