'I, So-and-so (description and address follow), hereby declare and testify
to have received as my share in the heritage of my parent the sum legally
apportioned to me, being 3887 guilders 7½ cents.'
Then the Judge asks: 'Are you prepared to swear that this is true, and
that as far as you know nothing is kept behind so that justice is not
fully carried out?' This is the legal formula in use upon such an
occasion, and it produces the expected reply. 'Very well, then,' proceeds
the Judge, 'repeat after me, "So truly help me God Almighty!"' The
familiar words of the Dutch oath are accompanied by the uplifting of the
right hand and the pointing to heaven of the first two fingers. Then
follow the other four members of the family in order of age. All of them
swear in the usual words, except the second daughter, who demurs, on which
the judicial eyebrows are raised in surprise. It appears that the maiden
suffers from religious scruples, being firmly of opinion that swearing an
oath is forbidden by Holy Scripture. The Judge listens respectfully, and
simply answers, 'Then repeat after me, "I hereby solemnly declare that the
words read out to me just now are the truth, the whole truth, and nothing
but the truth."' The conscientious witness having no objection to a
simple affirmation, the words are promptly repeated, the business is
completed, and the party are all allowed to withdraw.
Now our own turn has come. One of our party, we will assume, has been
appointed by the Cantonal Judge to be guardian over a minor son of another
of our number. All declare who, what, and whence they are, and that the
guardian has received his appointment with their common consent, while the
guardian himself makes formal declaration of accepting the duty. He is
thereupon sworn by the Judge in the occupation of his office, promising
'to act in all things as a true and faithful guardian should act, so truly
help me God Almighty.' These several incidents are fairly typical of the
sort of business which occupies the attention of these minor Courts. As we
leave the building, however, we learn another piece of interesting
information in the course of conversation with the deputy Clerk whose
acquaintance we first made. It is that the principle of 'punishment by
instalments' is applied in the case of the poorer classes, not merely in
the matter of fines, but also of imprisonment, save in criminal cases.
Many a poor man, for instance, who shortly after being sentenced to, say,
a week's or a fortnight's imprisonment has happened to find employment
would be ruined if compelled to go to prison at once. He is therefore
allowed, as in Russia, to select his own time for surrendering himself to
the prison authorities, and if, as often happens in poaching cases, two
different offences have brought upon him two terms of imprisonment, he is
allowed to come before the Judge, with the request that he may combine
these two terms, beginning his incarceration at a fixed date. The Court to
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account