Thomas Aquinas, you are a great saint, and a great divine, and no
Dominican has a greater veneration for you than I have; but you have
decided, in your "Summary," that a judge ought to give sentence
according to the evidence produced against the person accused, although
he knows that person to be perfectly innocent. You maintain that the
deposition of witnesses, which must inevitably be false, and the
pretended proofs resulting from the process, which are impertinent,
ought to weigh down the testimony of his own senses. He saw the crime
committed by another; and yet, according to you, he ought in conscience
to condemn the accused, although his conscience tells him the accused is
innocent. According to your doctrine, therefore, if the judge had
himself committed the crime in question, his conscience ought to oblige
him to condemn the man falsely accused of it.
In my conscience, great saint, I conceive that you are most absurdly and
most dreadfully deceived. It is a pity that, while possessing such a
knowledge of canon law, you should be so little acquainted with natural
law. The duty of a magistrate to be just, precedes that of being a
formalist. If, in virtue of evidence which can never exceed probability,
I were to condemn a man whose innocence I was otherwise convinced of, I
should consider myself a fool and an assassin.
Fortunately all the tribunals of the world think differently from you. I
know not whether Farinaceus and Grillandus may be of your opinion.
However that may be, if ever you meet with Cicero, Ulpian, Trebonian,
Demoulin, the Chancellor de l'Hôpital, or the Chancellor d'Aguesseau, in
the shades, be sure to ask pardon of them for falling into such an
error.
_Of a Deceitful Conscience._
The best thing perhaps that was ever said upon this important subject is
in the witty work of "Tristram Shandy," written by a clergyman of the
name of Sterne, the second Rabelais of England. It resembles those small
satires of antiquity, the essential spirit of which is so piquant and
precious.
An old half-pay captain and his corporal, assisted by Doctor Slop, put a
number of very ridiculous questions. In these questions the French
divines are not spared. Mention is particularly made of a memoir
presented to the Sorbonne by a surgeon, requesting permission to baptize
unborn children by means of a clyster-pipe, which might be introduced
into the womb without injuring either the mother or the child. At length
the corporal is directed to read to them a sermon, composed by the same
clergyman, Sterne.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account