T H E V E N o t’j Travels Book III. 
‘‘ The ^urkifh Law feems to have another Virtue, 
which lies in the Method of Proor ; after the Judge 
‘‘ hath heard the Demand and the Anfwer, he confi- 
ders on which Side the Proof lies j It the Dealing be 
denied, as by the Defendant’s faying he bought no 
Goods of the Plaintiff, or the like, the Judge bids 
the Demander prove it ; and if Witneffes are not rea- 
“ dy, he gives a few Days to bring them, becaufe he 
might cxpedt the other Party would have owned the 
Dealings ; but if he faid. It is true, 1 bought the 
“ Goods, but I paid him for them, then the Judge bids the 
“ Defendant prove ; but he will never let Witnefs 
“ come to fwear on both Sides to one and the fame 
“ Fad, for that is to make fure of a Perjury j fo in a 
“ Turkilh Court, Witneffes never confront and upon 
“ Oath contradid one another ; but being once taken 
“ as Witneffes, the Caufe is at an End, the Demand is 
“ made and proved. What would you have more ? 
“ But yet, if the Witneffes are not credible, that Ex- 
“ ception is allowed, and Witneffes heard to prove it, 
“ and the Judge determines thereupon, whether he fhall 
believe the Witneffes or not, and accordingly judges 
“ of the Main. 
“ Another admirable Virtue of the T’urkijh Law is, 
“ that Decrees or Decifions never fight one with ano- 
“ ther ; and yet the Party hath the Benefit of an Ap- 
“ peal. They call their Decree an Odgett, which is a 
“ fmall Scrip or Ticket, which the Judge writes upon 
“ his Hand, and gives out to the Party that hath ob- 
“ tained Sentence. After this Odgett made and fign- 
“ ed, and given out, no Judicature or Authority in the 
“ Empire can queftion or difcharge the Matter, or the 
“ Effedl of it, no not the Great Divan, although the 
“ Odgett were made by the meaneft Judge in the Em- 
‘‘ pire. This feems very much to refemble the Laws 
“ of the Medes and Perjians, when a Decree might 
“ not be revoked. It is certain, that in Turkey there 
“ cannot be more than one Odgett or Decree in one 
“ and the fame Caufe, 
“ A 7 Judge would laugh, if he were told of 
“ our Judgments, Writs of Error, and Error upon 
“ Error, Appeals, Reviews, with full and entire 
“ Sentence of the Caufe pronounced in all, and the 
“ latter giving the former ill Language, and looking 
“ as if a Judgment in a Caufe were but a Foundation 
“ whereupon to commence a new Suit, to the incom- 
“ prehenfible Delay and Expence wherewith the Parties, 
“ their Heirs and Affigns are tormented. But it will 
“ be faid. How then can the Parties have an Appeal ? 
“ As to that, if either Side thinks the Judge unskilful 
“ or partial, at any Time before Odgett made, he may 
“ appeal to a Superior Judge, and then the Caufe is 
as if it had not been heard j but the Parties go be- 
“ fore the Judge by Appeal, as if the Caufe originally 
“ came before him, and then he makes the Odgett j 
“ but whoever makes it, the Odgett is irreverfible. 
“ A farther Virtue of the Turkijh Law is this ; All 
“ Equity is comprehended in it. Men there are bound 
“ by their Contradls as well as here ; but if a Contract 
“ prove very unequal, the Judge takes Notice of the 
“ Unreafonablenefs, and gives Relief. As if a Man takes 
“ an Houfe to build at half the true Value j when the 
“ Work is done, he may fue in a ^anium meruit for 
“ the Whole •, and it is enough to fay, I thought I 
“ might have done it for the Price, but was miffaken. 
“ This goes farther than our Courts of Equity, for 
“ they do not relieve againft any hard Bargains, with- 
“ out Fraud or Circumvention proved. It hath been 
‘‘ faid, they do not fit there to relieve Fools ; but if 
“ we confider well, it will be found, that all Perfons 
“ circumvented by Fraud, are fo far within that Deno- 
mination. But granting full Relief may be had, 
“ what doth it cofi to come at it } In this Refped the 
“ Turkifio Law is fimple, for it not only difallows ail 
over-reaching Bargains but, the Judgment of them 
“ falls proper in one and the fame Suit, which Party 
“ foever promotes it. _ And even here very good Pa- 
triots have declared it fir, that the Court having Ju- 
^ rifdidiion of the Caufe in Point of Law, fliould alio 
“ judge of the Equity emergent thereupon : But the 
“ prefent Conflitution doth not allow it. 
‘‘ The Civilians reproach the common Law, fayincr, 
it wants Equity, and needs a particular Judicature to 
fupply it. But I think theirs worfe, for they have 
‘ no Mitigations, and all is fummum jus . And then 
they contradidl themfelves, faying, Apices juris non 
“ funt jura ; and more grofly leap over their Law, 
judging as they fay, ex authoritate, againft Law, which 
« in their Language, is nobile Officium Judicis. But the 
‘ Turktjh Law feems, in thefe Refpeds, to be moft con- 
fiftent and complete. One Thing more I will ven- 
ture to alledge in Favour of the Turkifh Law, which 
“ IS of admirable Ufe, and that is, their Difpatch A 
“ Caufe feldom lafts a Week, and very often is opened 
“ and determined in a Day j and there is fcarce any 
“ Means to prolong it, but demanding Time to pro- 
“ duce Teftimony to Facts, about which the Parties 
“ happen to differ ; their aJJedging and anfwering 
« 'he Judge, keeps down 
Differences of Fadls. For the Pride or Shame of 
“ the Parties, as well as Integrity, will make them fave 
proving, and, for the moft part, own what they 
“ know to be true, and fo bring the Matter in Judo-. 
‘‘ ment upon the right Point. 
It may be objeded here, “ That this Proceedino- is 
“ precipitous, and Corruption a-parr, for Want^of 
Advice and Deliberation of the Parties, as well as on 
r Wrong may be done ; and 
‘ Juftice is a facred Thing, and ought to have the 
“ greateft Regard. It is granted that Juftice is a rare 
‘ It may be had ; but if it is to be gained by 
“ Liling through a Sea of Delays, Repetitions and 
Charges, really it may be as good a Bargain to ftay 
“ at home a Lofer. A wrong Determination expedite 
“ IS better than a right one after ten Years Vexa- 
“ tion, Charge, and Delay. A good Caufe imme- 
“ diately loft, is in fome Refpeds gained ; for the 
“ Party hath his Time and Tranquility of Mind refer- 
« vedtohimfelf to ufe as he pleafeth, which is a rare 
‘ Thing in the Opinion of thole who have felt the 
“ Want of both, and of their Money into the Bargain 
“ The Reafon why Juftice is fo facred, is not becaufe 
“ the Caufe of Suit, or Thing claimed in itfelf is of 
« any Regard, for that Argument will brinn- all Thinag 
“ to a Levelling, as why fhould one Man have too 
“ much, and another want ? But becaufe it preferves 
« Peace and Quietnefs among Men, which is the o-reat- 
“ eft of all temporal good Things ; and confequently 
“ wrong Judgments, loon and final, have the Virtue of 
“ Juftice, becaufe Peace and Quietnefs is thereby pre- 
“ ferved. But Delays have an Effea direftly to the 
“ contrary, for thofe maintain Feuds and Hatred, as 
“ well as Lofs of Time and Money ; fo that if it be 
“ faid, that in the End Juftice is fecured thereby (which 
I do not grant) I anfwer it is done by unjuft Means 
and comes to the fame. Put is it not a fad Thing, fay 
“ fome, for a Man to be hurried out of his Right F Is it 
“ not a fad Thing a Man fhould have a Fever .? As 
“ the Body, fo the Eftate muft be obnoxious to Infir- 
mities ', there is no Perfection in either State, and 
that is always beft which is fhorteft, and hath the leaf! 
“ Anguifh or Pain. 
“ I fhall alledge but one Inftance farther, where I 
« think the Turktfh Law is remarkably diftinguifhed, and 
“ it is on the criminal Side: If a Man comes to the Judge, 
“ and with Clamour, as the Way is, complains that he 
“ is robbed of his Goods, the Cadi will ask him. By 
“ whom, and where is the Thief F And if he fays he 
“ does not know, perh-aps punifh him as a Knave, that 
pretends to be robbed to cheat his Creditors. What, 
“ lays he, doth not the Grand Signior proted his Sub- 
“ jeds.? If you are robbed, find the Thief, and Right 
“ fhall be done ; if you want Help, take an Officer, 
“ but do not accufe die Grand Signior’s rio-hteous Go- 
“ vernment. Now to add here a Word or°two of their 
“ criminal Juftice, I fhall obferve, that it is executed 
“ with fuch Rigour, as keeps down Offences fo effec- 
“•tually, that in that great City of Confiantinople, there 
are 
