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Updated: May 5, 2025
The most singular circumstance, however, connected with impotency is, that for a long time there existed exclusively in France a particular kind of proof called The Judicial Congress. In the old jurisprudence of that country but little value was attached to moral proofs; all was made to depend upon material ones, which were made by witnesses. The whole enquiry after truth was made to depend upon the establishment of the fact, and, too frequently, the administrators of the law were not over-scrupulous as to the nature of the testimony by which it was to be proved. Provided there were such testimony, no matter of whatever kind, no matter how contradictory to common sense, justice pronounced itself satisfied, for, relying upon this testimony it was enabled to pronounce its decision, and this was all it required. Hence all those personal examinations of litigants, so often practised formerly, and hence the judge, whatever might be the nature of the suit or complaint, ordered a report to be made by parties chosen to that effect, and who were called experts or examiners. This mode of procedure was employed in cases in which a woman applied for a divorce from her husband on the ground of impotency: hence arose the Congrés, in which the justice of the application was to be proved in the presence of examiners appointed to give in a report upon the case to the court. "Ce qui est encore plus honteux," says a writer of the 17th century, "c'est qu'un quelques procés, les hommes ont visité la femme, et au contraire, les femmes ont été admises
"Si l'on considère le règne animal d'après les principes que nous venons de poser en se débarrassant des préjugés établis sur les divisions anciennement admises, en n'ayant égard qu'
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