It was imagined, on reading the code "_De Testibus_" that the words, _Testes intrare judicii secretum,_ signified that witnesses were examined in secret. But _secretum_ here signifies the chambers of the judge. _Intrare secretum_ to express speaking in secret, would not be Latin. This part of our jurisprudence was occasioned by a solecism. Witnesses were usually persons of the lowest class, and whom the judge, when closeted with them, might induce to say whatever he wished. These witnesses are examined a second time, always in secret, which is called, re-examination; and if, after re-examination, they retract their depositions, or vary them in essential circumstances, they are punished as false witnesses. Thus, when an upright man of weak understanding, and unused to express his ideas, is conscious that he has stated either too much or too little--that he has misunderstood the judge, or that the judge has misunderstood him--and revokes, in the spirit of justice, what he has advanced through incaution, he is punished as a felon. He is in this manner often compelled to persevere in false testimony, from the actual dread of being treated as a false witness. The person accused exposes himself by flight to condemnation, whether the crime has been proved or not. Some jurisconsults, indeed, have wisely held that the contumacious person ought not to be condemned unless the crime were clearly established; but other lawyers have been of a contrary opinion: they have boldly affirmed that the flight of the accused was a proof of the crime; that the contempt which he showed for justice, by refusing to appear, merited the same chastisement as would have followed his conviction. Thus, according to the sect of lawyers which the judge may have embraced, an innocent man may be acquitted or condemned. It is a great abuse in jurisprudence that people often assume as law the reveries and errors--sometimes cruel ones--of men destitute of all authority, who have laid down their own opinions as laws. In the reign of Louis XIV., two edicts were published in France, which apply equally to the whole kingdom. In the first, which refers to civil causes, the judges are forbidden to condemn in any suit, on default, when the demand is not proved; but in the second, which regulates criminal proceedings, it is not laid down that, in the absence of proof, the accused shall be acquitted. Singular circumstance! The law declares that a man proceeded against for a sum of money shall not be condemned, on default, unless the debt be proved; but, in cases affecting life, the profession is divided with respect to condemning a person for contumacy when the crime is not proved; and the law does not solve the difficulty. _Example Taken from the Condemnation of a Whole Family._