Essays, or discourses, vol. 2 (of 4) : $b Selected from the works of Feyjoo, and translated from the Spanish — John Shaqi
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
by adopting the before-mentioned method of proceeding, there would soon
be a stop put to all law-suits, that are founded on false or sinister
suggestions; and people would not be near so exposed to have vexatious
and roguish prosecutions commenced against them, as they are at
present. The state or public at large, would be great gainers by such a
regulation taking place, as the loss occasioned by the attendance, that
many artificers, and people employed in useful branches of trade are
obliged to give on courts of law would be avoided. So that the whole
loss that would be incurred by adopting this method, would fall on the
advocates, solicitors, and other men of the law; but this would be
amply compensated for to the state, by the increase it would occasion
of professors in useful arts.
XVIII. It is true, that our laws in Spain have not been so deficient in
this respect, as not to have assigned certain punishments in various
cases to judicial lies. One of those which is to be found among
the laws which we term the laws _de Partida_ seems to me admirably
calculated to suppress this evil. It runs thus: _He of whom any thing
is demanded judicially by another person, as his property, who shall
deny the person making the demand was ever possessed of it, shall,
if it is afterwards proved that the person who makes the demand was
possessed of it, be obliged to surrender it to him who demands it,
although the demander should not be able to prove the thing ever was
his property._ But I could wish in the first place, that both this law,
and all others of the same sort, should be extended to more cases than
they take in, or to speak more properly, to all cases whatever; so that
every judicial lie should be liable to a punishment, proportioned to
the mischief it might be attended with. I would wish secondly, that
some lawyers in expounding those laws, had given a larger extent to
them, and not have limited the operation of them but to few cases;
for we have reason to apprehend, that it is in consequence of these
expositions, that we very rarely or never, have seen any one punished
for this offence, at least I do not remember to have ever known, or to
have ever heard of any one that was punished for it. The greatest part
of the Judges, although there may appear but little reason for their
acting with lenity, are apt to lean to the compassionate side; but it
seems to me, that it would be for the good of the public, if upon these
occasions, they would exercise a proper degree of severity.
SECT. VIII.
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