Page:The Green Bag (1889–1914), Volume 04.pdf/405

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376
The Green Bag.

THE TONGUE. By R. Vashos Rogers. "' I "HE tongue can no man tame." " The tongue is an unruly evil." These words are well known, yet many an attempt has been made to tame and restrain this little member that can wag so fast and so fiercely. Let us consider a few of such efforts. Perhaps Saint James knew of some of them and their abortiveness, and so wrote as he did. The laws of Menu threatened the direst future punishments to the perjurer: — "The witness who speaks falsely shall be fast bound under water, in the snaky cords of Varuna, and be wholly deprived of the power to escape torment during an hundred transmigrations. What ever places of torture have been prepared for the slayer of a guest, for the murderer of a woman or of a child, for the injurer of a friend, or for an un grateful man, those places are ordained for a wit ness who gives false evidence. The fruit of every virtuous act, which thou hast done, O Goodman, since thy birth, shall depart from thee to the dogs if thou deviate in speech from the truth. Head long, in utter darkness, shall the impious wretch tumble into hell, who being interrogated in a judi cial enquiry answers one question falsely. Hear, honest man, how many kinsmen in evidence of different sorts, a false witness kills, or incurs the guilt of killing; he kills five by false testimony concerning cattle in general : he kills ten by false testimony concerning kine : he kills an hundred by false testimony concerning horses : and a thou sand by false evidence concerning the human race. (Private and Criminal Laws, 82, 89, go, 94, 97, 98. Sir William Jones, vol. iii.) These words are as strong as those of Holy Writ : " All liars shall have their part in the lake which burneth with fire and brim stone." Not content with threatening the wrong-doing, the old Hindoo strives to in duce right acting by fair promises : " A wit ness who gives testimony with truth shall attain exalted seats of beatitude above, and

the highest here below; such testimony is revered by Brahma himself." (Ibid., 81.) In the land of the Pharaohs and Ptolemies the false witness had his tongue cut out (Diodorus, L 77). In Rome a false witness in a civil action was liable both to an indict ment for perjury and also to an action for damages. The punishment was generally exile, transportation to an island, or disfran chisement as a citizen. In Germany, a wit ness who injured a party by false swearing was punished by such damages as were equal to the damages sustained. If he could not pay, he became the slave of the person wronged. He was never again allowed to be a witness. The suborner of perjury was condemned to an hundred lashes, to have his head shaven, and to be branded. Among the Visigoths perjury was visited by confiscation of goods, amputation of the hand, by shaven head, and scourging. In Saxony, formerly, the punishment was whipping, or amputation of the two forefingers, with banishment. In Holland it was, under the old law, branding the face, or cutting off the joints of the fore finger. In Schleswig amputation of the fingers was also once in vogue. In Spain it was the galleys and loss of teeth. In Eng land, anciently, perjury was punished, some times by death, at other times by banishment; then was substituted forfeiture of goods; later on, the punishment was fine and impri sonment, and being rendered incapable of ever bearing testimony. By a statute of Elizabeth (5 Eliz. c. 9.) the punishment was made six months' imprisonment, perpetual infamy, a fine of twenty pounds, and a posi tion in the pillory with both ears nailed to that instrument. George the Third added to the common law penalties a power in the judge of transportation for seven years (2 Geo. II. c. 25). By the managers of the Inquisition of the