Essays, or discourses, vol. 2 (of 4) : $b Selected from the works of Feyjoo, and translated from the SpanishFeijoo, Benito Jerónimo
Philosophy
Essays, or discourses, vol. 2 (of 4) : $b Selected from the works of Feyjoo, and translated from the Spanish
Feijoo, Benito Jerónimo
Spanish essays -- Translations into English
XVII. But I cannot avoid making particular mention, of a certain
species of lies, which find ample protection with, and pass current
through the world, as if they were perfectly innocent; when in reality,
they are extremely injurious to the public. I mean judicial lies;
such, as when in stating a fact which gave rise to, or is the subject
matter of a litigation, the parties interested, and those employed in
the suit, disguise and disfigure it, to make it appear more favourable
to their own side. This species of deceit, or as I may say lie, is so
frequent, that we scarce see a cause in which it is not practised,
and in which, both parties agree in the state of the facts, on which
the matter in issue rests; and from hence arise the length of the
pleadings, and the principal delay, and great expence of law-suits. Who
can entertain a doubt, but that this is very injurious to the public?
Yet there is nobody will attempt finding out a remedy for the evil.
It might perhaps be asked, what remedy can be applied to it; but to
this I should answer, the remedy that is made use of in Japan. Among
those islanders, whose political government there is no doubt excells
ours in many particulars, they punish a judicial lie, or one advanced
in a legal process, with great severity; and the Algerines do the
same. Whoever lies, or when he is brought before the Bey, or any of
his judicial magistrates, to answer to a civil process, shall deny,
if the prosecution is for a debt, that he owes the person suing for
it the money in question, or if the prosecutor shall be found guilty
of making a false or unjust demand, in either of these cases, he who
shall be found to falsify, is adjudged to a rigorous bastinadoing.
Thus these causes are speedily and safely determined, nor is there the
least necessity for any writing in them, for the fear of that severe
punishment, deters any man from demanding what is not due to him, and
terrifies any one from denying a just debt. If something like this
method was to be adopted among us, law-suits of this sort in Spain,
would be as short as they are in those places. What delays law-suits,
is not so much the difficulty of finding out what the law is with
respect to the matter in question; but such delays arise for the most
part, from fallacious suggestions, and evasive statings of facts. If
the suitors, and all the parties concerned or employed in a cause,
knew, that for every fallacy they advanced, they were to pay a large
fine, they would be careful not to suggest or advance any thing, that
was not simply and exactly true. By this means, the parties would
soon be agreed as to the fact, and a determination would quickly be
made in favour of the person who had the right of his side, and there
would be nothing left to do, but for process to issue agreeable to the
ordinary forms of law, in order to enforce and compleat the judgment.
The doing of this, is seldom attended with much expence or delay; and
Public-domain text, read in full here on John Shaqi.
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